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Employment based
H-1B
This nonimmigrant classification applies to people who wish to perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project, or services as a fashion model of distinguished merit or ability.
H-4/ H-4 EAD
Certain H-4 dependent spouses of H-1B non-immigrants can file Form I-765, Application for Employment Authorization, if the H-1B nonimmigrant:
• Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or
• Has been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by
the 21st Century Department of Justice Appropriations Authorization Act (AC21).
H-1B1
The H-2A program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary agricultural jobs.
H-1B3
The H-2B program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary nonagricultural jobs.
H-3
The H-3 nonimmigrant visa category allows noncitizens coming temporarily to the United States as either a:
• Trainee to receive training in any field of endeavor, other than graduate medical education or training, that is not available in the noncitizen’s home country.
• Special Education Exchange Visitor to participate in a special education exchange visitor training program that provides for practical training and experience in the education of children with physical, mental, or emotional disabilities.
L-1A
The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company that does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one.
L-1B
The L-1B nonimmigrant classification enables a U.S. employer to transfer a professional employee with specialized knowledge relating to the organization’s interests from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company that does not yet have an affiliated U.S. office to send a specialized knowledge employee to the United States to help establish one.
E-3
The E-3 classification applies only to nationals of Australia. You must be coming to the United States solely to perform services in a specialty occupation. The specialty occupation requires theoretical and practical application of a body of highly specialized knowledge and the attainment of a bachelor’s or higher degree in the specific specialty, or its equivalent, as a minimum for entry into the occupation in the United States.
TN
The North American Free Trade Agreement (NAFTA) created special economic and trade relationships for the United States, Canada and Mexico. The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level. Among the types of professionals who are eligible to seek admission as TN nonimmigrants are accountants, engineers, lawyers, pharmacists, scientists, and teachers.
Investor or Trade based
E-1
The E-1 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation, or which the United States maintains a qualifying international agreement, or which has been deemed a qualifying country by legislation) to be admitted to the United States solely to engage in international trade on his or her own behalf. Certain employees of such a person or of a qualifying organization may also be eligible for this classification.
E-2
The E-2 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation, or with which the United States maintains a qualifying international agreement, or which has been deemed a qualifying country by legislation) to be admitted to the United States when investing a substantial amount of capital in a U.S. business. Certain employees of such a person or of a qualifying organization may also be eligible for this classification.
IEP
Under the International Entrepreneur Rule (IER), DHS may use its parole authority to grant a period of authorized stay, on a case-by-case basis, to foreign entrepreneurs who demonstrate that their stay in the United States would provide a significant public benefit through their business venture and that they merit a favorable exercise of discretion. Under this final rule, entrepreneurs granted parole will be eligible to work only for their start-up business. The spouses and children of the foreign entrepreneur may also be eligible for parole. While spouses may apply for work authorization once present in the United States as parolees, the children are not eligible to work. IER parole may be granted for up to three entrepreneurs per start-up entity.
EB-5
USCIS administers the EB-5 Program. Under this program, investors (and their spouses and unmarried children under 21) are eligible to apply for a Green Card (permanent residence) if they:
• Make the necessary investment in a commercial enterprise in the United States; and
• Plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers.
Extra-ordinary ability based
O-1
The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.
P-1A
The P-1A classification applies to you if you are coming temporarily to the United States solely for the purpose of performing at a specific athletic competition as:
• An individual athlete at an internationally recognized level of performance;
• Part of a group or team at an internationally recognized level of performance;
• A professional athlete; or
• An athlete or coach, as part of a team or franchise that is located in the United States and a member of a foreign league or association. The P-1A classification also applies to professional or amateur athletes coming temporarily to the United States solely to perform in a specific theatrical ice skating production or tour, individually or as part of a group
P-1B
The P-1B classification applies to you if you are coming to the United States temporarily to perform as a member of an entertainment group that has been established for a minimum of one year and recognized internationally as outstanding in the discipline for a sustained and substantial period of time.
P-2
The P-2 classification applies to you if you are coming temporarily to perform as an artist or entertainer, individually or as part of a group, who will perform under a reciprocal exchange program between an organization in the United States and an organization in another country.
P-3
The P-3 classification applies to you if you are coming temporarily to perform, teach or coach as artists or entertainers, individually or as part of a group, under a program that is culturally unique.
Religious based
R-1
Ministers and non-ministers in religious vocations and occupations may come to the U.S. temporarily for the purpose of performing religious work.
U.S. Green Card (immigrant visa) Preferences Categories
Labor Certification (PERM)
A permanent labor certification issued by the Department of Labor (DOL) allows an employer to hire a foreign worker to work permanently in the United States. In most instances, before the U.S. employer can submit an immigration petition to the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS), the employer must obtain a certified labor certification application from the DOL’s Employment and Training Administration (ETA). The DOL must certify to the USCIS that there are not sufficient U.S. workers able, willing, qualified and available to accept the job opportunity in the area of intended employment and that employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.
I-140, Immigrant Petition for Alien Workers
EB-1
You may be eligible for an employment-based, first-preference visa if you are a noncitizen of extraordinary ability, are an outstanding professor or researcher, or are a certain multinational executive or manager.
EB-2
You may be eligible for an employment-based, second preference visa if you are a member of the professions holding an advanced degree or its equivalent, or a person who has exceptional ability.
EB-3
You may be eligible for this immigrant visa preference category if you are a skilled worker, professional, or other worker.
• “Skilled workers” are persons whose jobs require a minimum of 2 years training or experience, not of a temporary or seasonal nature. The skilled worker must meet the educational, training, or experience requirements of the job opportunity. Relevant post-secondary education may be considered as training.
• “Professionals” are persons whose job requires at least a U.S. baccalaureate or foreign equivalent degree and are a member of the professions.
• The “other workers” subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.
EB-4
You may be eligible for an employment-based, fourth preference (EB-4) visa if you are a special immigrant.
U.S. Family Immigration
K-1 visas (for fiancées)
U.S citizen can obtain a K-1 fiancé(e) visa, you and your fiancé(e) must intend to marry each other within 90 days of your fiancé(e) entering the U.S as a K-1 nonimmigrant. Your marriage must be valid, meaning both you and your fiancé(e) have a bona fide intent to establish a life together and the marriage is not for the sole purpose of obtaining an immigration benefit.
If your fiancé(e) marries you within 90 days of being admitted to the United States as a K-1 nonimmigrant, he or she may apply for lawful permanent resident status in the United States (a Green Card).
K-3 visas (for spouses)
If you are a U.S. citizen, your foreign spouse may be eligible for a K-3 visa if he or she:
• Is married to you;
• Is the beneficiary of a Form I-130, Petition for Alien Relative that you filed for him or her; and
• Seeks to enter the United States to await USCIS’ decision on the Form I-130.
A child of your foreign spouse may be eligible for a K-4 visa if he or she is:
• Under 21 years of age;
• Unmarried; and
• The child of the K-3 visa applicant you filed for.
Battered Spouse or Child (VAWA)
Noncitizens who have been abused by their U.S. citizen or lawful permanent resident relative the ability to independently petition for themselves (self-petition) for immigrant classification without the abuser’s knowledge, consent, or participation in the immigration process.
Refugees and Asylum
Refugee status or asylum may be granted to people who have been persecuted or fear they will be persecuted on account of race, religion, nationality, and/or membership in a particular social group or political opinion.
U Nonimmigrant
The U nonimmigrant status (U visa) is set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity.
U.S. Green Card Application
I-485 Adjustment of Status
• If you already have an approved immigrant petition and an immigrant visa is available, file Form I-485, Application to Register Permanent Residence or Adjust Status with USCIS, or
• If you do not currently have an approved immigrant petition, check the eligibility requirements for your Green Card category to see if you can file the petition and the Form I 485 together at the same time (this is known as concurrent filing).
Beneficiary of an approved I-130 immigrant petition and an immigrant visa number is immediately available to you, while you are outside of the United States, you may apply at a U.S. Department of State consulate abroad for an immigrant visa in order to come to the United States and be admitted as a permanent resident. This pathway is referred to as NVC consular processing
Green Card for Immediate Relatives of U.S. Citizen
• The spouse of a U.S. citizen;
• The unmarried child under 21 years of age of a U.S. citizen; or
• The parent of a U.S. citizen (if the U.S. citizen is 21 years of age or older).
Other family members eligible to apply for a Green Card are described in the following family “preference immigrant” categories:
• First preference (F1) – unmarried sons and daughters (21 years of age and older) of U.S. citizens;
• Second preference (F2A) – spouses and children (unmarried and under 21 years of age) of lawful permanent residents;
• Second preference (F2B) – unmarried sons and daughters (21 years of age and older) of lawful permanent residents;
• Third preference (F3) – married sons and daughters of U.S. citizens; and
• Fourth preference (F4) – brothers and sisters of U.S. citizens (if the U.S. citizen is 21 years of age and older).
Removal of condition I-751
Removal of condition I-751
You must file a I-751 petition to remove the conditions on your permanent resident status or risk losing your lawful status, if you:
• Received your conditional permanent resident status through marriage to a U.S. citizen or lawful permanent resident; or
• Were admitted to the United States as a fiancé(e) of a U.S. citizen and then married the U.S. citizen.
Your conditional permanent resident status is only valid for two years and cannot be renewed unless condition is removed.
Waivers of inadmissibility
If you are inadmissible to the United States and are seeking an immigrant visa, adjustment of status, certain nonimmigrant statuses, or certain other immigration benefits, you must file this form to seek a waiver of certain grounds of inadmissibility.
U.S. Citizenship
N-400
Naturalization is the process to become a U.S. citizen if you were born outside of the United States. If you meet certain requirements, you may become a U.S. citizen either at birth or after birth.
N-600
U.S. citizen parents convey citizenship to children born outside of the United States. Generally, you may obtain citizenship through your U.S. citizen parents when you are born, or after your birth but before you turn 18.
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