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THE TRANSITION
COMING TO AMERICA : STRATEGIES FOR IMMIGRATING TO THE USA
How Can You Live, Work and/or Study in the U.S.? Let Us Count the Ways....
Many Different Visa Options
People often say "I want to come live in the United States. Please tell me what to do."
Among the multiple answers, none are simple. Although, if you find that one visa is a perfect match for you, it might indeed be a relatively simple process.
Visas: What is the Reason for Your Move?
People cannot simply move to another country because they want to. You have to be coming to join immediate relatives (parents, children, spouses or siblings), to be a student, to do a job, to start a company, to invest money; you have to have a reason that is much more concrete than simply "because I want to."
Depending on your basis for immigrating, you will either be applying to come temporarily, on a temporary visa, or permanently, with the intention of applying for a green card, and perhaps eventually, citizenship.
Review all the visa, humanitarian and parole types below.
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If you do not qualify for any of these, your only choices are illegal immigration (a very poor choice), or the green card lottery.
Will You Qualify?
Once you have decided upon your reason, or your "basis" for immigration (living in the United States permanently) or a temporary visa (living in the United States temporarily), you will need to:
Find out if Your Reason (basis) Qualifies
Does the government (in general terms) think your reason for coming to America is a good one, and do you meet the criteria (rules) for applying?
If you do, you will then need to apply, and to prove that you qualify (that you can follow the rules).
Prove it
You can not just say "I have enough money to support myself," or "I have a job offer," or "I plan to study," or "I am going to invest money."
In nearly all cases, you will need to have bonafied proof of these circumstances, and will need to follow-through with your plans. Tracking of foreigners in the United States has improved since 9/11, and continues to improve.
Side note: This is part of the reason that the Immigration and Naturalization Service (INS) has been replaced by the United States Citizenship and Immigration Services (USCIS), which belongs to the Department of Homeland Security: organization, tracking and security when it comes to foreign nationals in the United States.
Note #1: Staying Six or Fewer Months?
If you only plan to visit the United States for up to six months, this page probably does not apply to you. Instead, see the page on tourist and business visas instead.
However, if you are already on a tourist visa and have decided you want to stay in the United States, you are in the right place.
Note #2: If you already have a green card and want to apply for citizenship, you should visit our citizenship page instead. Since you must have a green card for at least 3-5 years before you can apply for citizenship, you should stay on this page unless you already have your green card.
Legitimate Reasons to Immigrate
The following are legitimate reasons for coming to live in the United States, and each has a corresponding visa or designated status:
I. Employment
If you are employed, as a legitimate employee, in a position which requires you to work in the U.S.A, either in a U.S. company or a foreign company with offices in the United States, you may be eligible for one of the following:
Employment-Based Visas: Which One is Right for You?
Employment-Related Visas for You and Your Family:
All of these visas allow for your spouse and children to accompany you. Generally, extended family, personal helpers (translators, physical therapists, etc.), business affiliates or domestic household help (nannies, maids) cannot come with you, unless they qualify for a visa under their own circumstances.
·Temporary Professionals - H-1B Visas
These temporary visas require an employer to sponsor you, and both you and the employer must qualify. You will need a degree or equivalent experience related to the sponsoring job. These visas are usually for three years, with a three year extension possible.
Temporary Agricultural Workers – H-2A Visas
You will need to find a legal farm job to get this visa, and the farmer or employer of farm personnel will have to apply for the visa for you.
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These visas are usually seasonal.
·Temporary Skilled and Unskilled Workers – H-2B Visas
These temporary visas cover a variety of jobs. They are not used for agricultural [farm] workers, and are not usually for degreed professionals or high-tech workers. You must have a job offer and an employer willing to sponsor you. These visas are for one year, but may be extended to three years under certain circumstances.
·Professional Trainees – H-3 Visas
If professional training exists in the U.S. that you cannot obtain at home, you may be eligible for this trainee visa, with a maximum two-year stay in the United States.
·Nurses – H-C Visas
·Intracompany Transfers - L Visas
If the company you have been with for a year or more is a parent, subsidiary or affiliate of a U.S. company, and is willing to transfer you to operations in the U.S., you may qualify for this type of visa, for a duration of 5-7 years.
·Representatives of Foreign Media – I Visas
If you are an employee or contracted freelancer for a foreign media source (or local media source that is foreign-owned), such as a newspaper, television or radio station, you may qualify for this visa. It is issued in increments of one year, but there is no limit on how many times it can be issued.
·Religious Workers – R Visas
If you are a religious worker, and have been for two years or more, you can ask a related religious organization in the U.S. to sponsor you for work. This visa can be issued for up to five years.
·Athletes, Artists and Entertainers – P Visas
Those coming to the U.S. to join a sponsoring athletic team or an entertainment group, or artists and entertainers who are coming as part of a cultural exchange, to engage in performances that are "culturally unique," may qualify for one of the P visas.
·Canadian and Mexican Professionals Under NAFTA Or TN Visas
Under NAFTA or a TN visa, Canadians and Mexicans may be able to enter to conduct business in the United States. For NAFTA qualification, you must be in growth, manufacture or production, sales, distribution, marketing, after-sales service or general service. And you must be paid by a foreign source. A TN is similar to an H-1B visa, without a cap, and only for Mexican and Canadian citizens in certain professions.
·Government Representatives: A, G and Nato Visas
If you are a diplomat, a foreign official or an employee of a foreign government,you’re your services are needed in the United States, you may be eligible to live in the United States under one of these options.
·Employment-based Green Cards
Certain professionals, individuals with extraordinary abilities, outstanding professors and researchers, and skilled workers may be able to apply for a green card right away, skipping the temporary work visa phase.
The qualifications for an employment-based green card are generally more stringent than those for a temporary visa, so if you don’t think you will qualify for any working visa, this won’t offer much hope. There are preferences and different waiting times depending on how important your job is to a U.S. company or — in general — to the country.
II. Self-employment If you are an independent contractor of freelancer, there is limited opportunity, and it demands a great deal of you, but you may qualify for one of the following visas for:
Independent Professionals:
Treaty Traders and Investors: E visas
If you want to engage in the promotion of international commerce (for example, open a shop in which you will sell products imported from your country), or to directly engage in a business in which you have substantially invested funds, an E visa may be for you. E visas can require proof and/or investment of substantial sums of money. Such visas are only issued for five years, but may be renewed continuously.
Visa Persons of Extraordinary Ability – O Visas For the following categories, applicants might be considered either employed or independent. See the Employed-based Visa category above for details:
Representatives of Foreign Media – I Visas
Athletes, Artists and Entertainers – P Visas
Canadian and Mexican Professionals Under NAFTA – TN VisasRules Change - Keep Yourself UpdatedIf you are going to be studying in the United States, Going through training, or participating in a cultural exchange program, you may qualify for one of the: Students, Trainees and Exchange Visitors Visas:
Academic Students & Their Immediate Family Members: F Visas
Vocational Students & Their Immediate Family Members: M Visas
Professional Trainees – H-3 Visas
Exchange Visitors – J Visas
International Cultural Exchange Visitors – Q Visas
If you are the husband, wife or child of an American citizen or green card holder, you may qualify for one of these:
Family-based visas:
Fiancés and Spouses of American Citizens, and their Children - K Visas
Certain Qualifying Spouses and Children of U.S.
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Immigration The biggest source of free information on Immigration immigration.xaffix.com
Green Card Holders – V Visas
Family-Based Green Cards
If you are suffering from cruel and inhuman treatment in your own country, but not related to poverty alone, you may qualify for one of the following immigration statuses under:
Humanitarian Entry:
Victims of Human Trafficking: T Visas
Amnesty
Refugee Status
Asylum
Government Representatives
After you have determined that you might qualify under the rules, you need to educate yourself on all the details of the visa. Some visas allow you to live in the United States, but not work here. Some allow for one year and one year only here.
With some visas, you have to promise that you have no intention of staying here permanently.
These qualifying factors are extremely important. Why? If you plan to come here as a student and hope to later get another kind of visa and stay here forever, and the government realizes your intentions, you will be denied your student visa. That’s just one of many such examples.
It’s crucial that you understand the rules and guidelines for the visa you are applying for. Staying up-to-date on these issues is essential. Furthermore, rules, guidelines and laws change from time to time, and in the world of immigration, what you don’t know could hurt you!
No one said coming to America was easy (or maybe they did?), but the right reasons and a good amount of patience will help you get in and stay in good standing.
Article written by Jennifer & Peter Wipf
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