Immigration

Navigate Immigration Law with Attorney Jennifer Nagel

Immigrant Visas 

Foreigners applying for an immigrant visa usually need a U.S.-based sponsor approved by the USCIS (U.S. Citizenship and Immigration Service). Depending on the type of visa sought, the sponsor has to be either a relative who is a U.S. citizen or green card holder, or a prospective employer in the U.S.

After the USCIS approves the visa petition, the Department of State‘s National Visa Center completes the visa processing. During this time, the visa applicant will probably have to do the following:
  • provide an affidavit of support;
  • submit such required documents as a birth certificate, marriage certificate, police reports, etc.;
  • submit to a medical exam; and
  • complete an interview and give fingerprints (biometrics).

The most common immigrant visa categories are (1) job-based and (2) family-based.

Employment-based

  • EB-1 visa: For non-citizens who are exceptional researchers or professors.
  • EB-2 visa: For non-citizen professionals with advanced degrees (or their equivalent) and who have an exceptional ability in the sciences, arts, or business that will benefit the U.S. economy, cultural, or educational interests, or welfare.
  • EB-3 visa: For non-citizens who are skilled workers or professionals.
  • EB-4 visa: For non-citizens who are religious workers, broadcasters, armed force members, or Afghan and Iraqi translators, among others.
  • EB-5 visa: For non-citizens who are foreign entrepreneurs and investors.

Family-based

  • Spousal visa: For non-citizens with a spouse who is a U.S. citizen or green card holder.


Nonimmigrant Visas 

The process for getting a non-immigrant visa is similar to that of an immigrant visa. There is an application to the USCIS, and usually an interview. But unlike immigrant visas, non-immigrant visas typically have an expiration date.

Most non-immigrant visas fall under either of the following classes:

Employment-based Visas

  • H-1B visa: For non-citizens in specialty occupations mandating bachelor’s degrees.
  • H-2B visa: For non-citizens who are skilled or unskilled non-agricultural temporary workers.
  • L-1 visa: For non-citizens who are managers, executives, and workers with specialized knowledge and intending to work at their employers’ U.S-based offices.
  • L-2 visa: For spouses and unwed children under 21 of L-1 visa holders.
  • O-1 visa: For non-citizens with extraordinary ability in the arts, movies, TV, sciences, education, business or athletics, intending to engage in official activity in the U.S..


Family-based Visas

  • K-1 (Fiancé(e)) visa: For non-citizens engaged to U.S. citizens.
  • K-2 visa: For children of non-citizens engaged to U.S. citizens.
  • K-3 visa: For the non-citizen spouse of a U.S. citizen (while an immigrant spousal visa is pending).
  • K-4 visa: The child of a non-citizen spouse of a U.S. citizen.

School-based Visas

  • F-1 visa: For non-citizens attending an academic institution in the U.S..
  • M-1 visa: For non-citizens attending a vocational school in the U.S..


Humanitarian-based Visas

  • U visa: For victims of trafficking, sexual assault, domestic violence, or other abuse.


Share by: