While considering the eligibility factors for visas, do not forget to budget for the costs as well. You would need to spend a few hundreds on the complete visa process from fillings forms to booking an interview. You may qualify for a permanent visa based on your family, employment or place of birth, however, the process would still take time.

Generally, people with speciality occupations, like teachers, engineers, medical professionals and IT specialists, are eligible for a H1-B visa. In case, you do not fit into this category, there are other types of visas available for you.

READ OUR COMPLETE GUIDE ON VISA TYPES AND WORK PERMITS

In order for you to relocate to the US, there are many ways and types of visas you can apply for depending on your eligibility, of course. Mostly, visa holders do not need a separate work permit as their visa usually acts like one with a few exceptions.

A permanent US residence can be approved for people who are sponsored by their employer or relative, or those who win the green card lottery. Your employer or family member living in the US needs to submit a petition for you, before you apply for a US visa.

If you want to avoid petitioning, you can check the American Diversity Immigrant Visa program, also known as the green card lottery, which allows you a chance to ‘win’ a permanent US visa by entering the lottery for free. Though the chances, of being the lucky one, are quite low, zillions of people apply for this lottery every year.

Read more about your rights in the USA here.

In this segment, we cover:
– Work Visas & Work Permits
– Self-Employment Visas
– Temporary and Permanent Residence Permits

WORK VISAS & WORK PERMITS

Working for someone, as a professional or a skilled worker, makes you eligible for an employment visa. You can also get an additional work permit that would allow you to pursue a career in the US. Before you apply for a visa, your employer will have to give a petition for your stay by submitting form I-129 for which the filing fee would cost around USD 500/-. Also, your employer will need to file a Labor Condition Application form (form ETA-9035) that confirms that your wage will not affect the wages of his current employees.

Check the type B visitor visa that allows you to stay in the country for less than six months in case you require a business visa. If your country of origin is one of the eligible nationalities, the Visa Waiver Program may also be an option for you.

Work Visas
A work visa allows you to live as well as work in the US. The different types are:

*Usually Canadians do not require a permit to work in the country.

**If a family member is of Mexican nationality, they need a TD non-immigrant visa that allows the immediate family of TN visa holders to stay in the US.

Popular US Visas

H-1B Visa – For People in Specialty Occupations
H-1B type visa is the most popular work visa in the US and can be applied for if you are a physician, engineer, IT specialist or teacher, though you will qualify only if you meet one of the requirements mentioned below:

– Have a Bachelor’s degree or higher from an accredited university.
– Have completed education, training or have experience in the speciality field.
– Hold an unrestricted licence authorizing you to fully practice your specialty occupation in the US and proof that you intent to pursue the same.
For more information, look for the WORKING SECTION of our guide.

60,000 H-1B visas are granted per year, and 25,000 of them are given to applicants with a Master’s degree or higher. If you apply for a job in higher education institutions or non-profit organizations, you would not be subject to this cap. Once you are granted this visa, you can stay in the country for a total of 6 years, after extending it in 3 years. Your family members with H-1B visa can apply for a H4 visa.

H-1B visa is divided into 3 types:

H-1B1 visa, is a little different from H-1B visa, and has the following benefits:
– This visa does not allow for the change of status
– This visa is valid for 18 months, but can be extended.
– This visa allows applicants to present their professional licenses after applying for the visa
– This visa requires alternative credentials instead of the Bachelor’s degree
– This visa caps at 1,000 Chilean and 5,000 Singaporean workers.

Visa for Intra-company Transferees (L visa)

Transfer within a company (branch in the US) requires merely an L visa. Intra-company transfers can be made between affiliates, parent companies, branches, and subsidiaries. While the executives and managers qualify for L-1A type of visa, L-1B is for the specialized workers.

To procure the US L visa, you would need to:
Be looking for an executive or managerial position (L-1A), or a position that requires specialized knowledge (L-1B).
Be on the company’s payroll for at least a year before you are transferred to the US.

Nevertheless, your employer will have to petition (form I-129) for you before you apply for this visa. Employers with certain credentials can also file a ‘blanket petition’ to cover the transfer of more than one worker at a time. In this case, your visa fees would increase but also make the process, of getting a visa, faster.

Workers can stay in the US for a total of 5 or 7 years, after extending in 3 years (five years total for L-1B type and seven years total for L-1A type). People who are transferred to establish new offices in the US are allowed to stay in the country for 1 year with the identical extension options.

If you have an L visa, your family can apply for an L2 visa to live in the US for the same period of time.

Applying for a US Visa

After your employer gets approval for all the documents submitted, your visa process may depend on the country you are currently residing in though generally the steps are as follows:

1. Visa Application Form
The below basic information would be required while filling the DS-160 form online:
– Photo as per requirement
– Passport copy and details
– Resume
– Employer’s petition (form I-129)
– Travel itinerary (if you have one)
– Recent travel history
Other details would be asked for depending on the visa you are applying for. Once done, print the confirmation page for submission at the interview.

2. Preparing for the Interview
Applicants between the ages of 14 and 79 years will have to schedule an interview for which they will have to bear the non-refundable fees. On payment, an appointment date would be confirmed for anytime within days or weeks. The fees for the US visa will approximately be as follows:

For blanket visa, applicants will have to pay an additional amount of USD 500/- as Fraud Prevention and Detection fee. Issuance fees will have to be paid after you’re the approval of your US visa.

Next, keep the required documents ready for your interview.

Confirmation page of the visa application form (form DS-160)
Payment receipt of processing fees
Receipt number for your approved petition (form I-129 or form I-129S for L visa applicants)
Your passport
Your photo
Additional documents may be required, depending on the visa you apply for.

3. Attending the Interview
For the interview, be punctual and dress appropriately. Avoid hesitation at any point as generally they will want to know the following:

Reason to go to the US
People travelling with you to the US
Duration of stay in the US
Cities you will be staying in the US
Relatives in the US
After the fingerprinting, the consular officer will inform you about what you should do next.

4. Waiting for your Visa
Though some people get their visas within a few weeks, the wait time for others would not be more than 60 days. The issuance is free; but, for some nationals, the issuance of non-immigrant visas would cost anywhere between USD 300 to 3000.

In case some facts stated by you have been found to be questionable, you will be informed about it as it may delay the issuance of your visa. Once approved, you will receive your visa together with your passport through mail.

Always keep yourself updated on the latest Visa News.

Who Needs a Work Permit?

If you plan to invest into a profitable US based company who hires other employees as well, you could apply for the E type visa for investors (E-2). However, this visa is only available to a few eligible applicants.

Traders (E-2 visa)
You must meet the following requirements if you want to qualify for an E type visa:
– Have invested or in the process of investing a noteworthy amount of capital in a profitable US-based company.
– Be applying only to invest in a US enterprise that you own at least 50% of or have operational control in.
– Be a national of a country that the US maintains a treaty with.
The business you are investing in cannot be ‘marginal’ as you and your family have to live off of the funds. In case this is not possible to show at that moment, you would have to prove that your business will generate sufficient income in the next 5 years.

The maximum duration of stay, with this visa, is 2 years and the person should have the intention of leaving once his status expires or is terminated. The family of a person with an E visa can apply for E-2 visa which will grant them the same period of stay in the US.

Process and Cost of E type visa
Before applying for an E type visa, you will need to petition for your own self (form I-129) otherwise the rest of the process is the same as mentioned above. The visa application fee will be USD 205.

TEMPORARY AND PERMANENT RESIDENCE PERMITS

Whatever other visas you apply for, you need to mention the reason for your stay in the country.

Temporary Residence
Employment based visas can be used for briefly living in the country. Other visas for the following allow you to stay in the US temporarily:
– Visitors for business or pleasure
– Spouse of U.S. Citizen and minor child accompanying/following to join
– Dependents of treaty traders, treaty investors, and their employees
– Dependents of skilled professionals from Australia
– Dependents of temporary skilled or unskilled workers and trainees
– Dependents of intra-company transferees
– Parents and children of certain people who have been granted special, immigrant status
– Dependents of aliens with extraordinary ability and their assistants
– Dependents of athletes and entertainers
– Dependents of religious workers
– Dependents of Canadians and Mexicans under the North American free trade agreement (NAFTA)
– Attendants, servants, personal employees of diplomatic and foreign government officials and immediate family
– Attendants, servants, personal employees of NATO representatives, officials, employees, and immediate family members
– Certain second preference beneficiaries
For your family members or other dependents, you can apply for the same work visa as yourself, but without any petition and the main requirements are proof of relations and proof that you are capable of supporting them financially in the US.

Application for Temporary Residence Permit Extension
You will be able to apply for an extension if:
– You have not committed any act that makes you ineligible for immigration.
– You are legally admitted into the country as a non-immigrant.
– There is no other factor that requires you to leave the country before applying for an extension.
You should submit the form I-539 online or send it by mail in order to apply for an extension of your temporary visa. The fees may be different depending on the visa type but you can check the exact fees for non-immigrant visas here.

Permanent Resident
The 3 ways to become a permanent resident in the US are:
– Through an employment-based application
– Through a family-based application
– Through the green card lottery
Make sure that the information you provide is truthful and supported by necessary documents, failing which the process may take even more time than usual.

Congratulations! Your residence is permanent. And by now you would have your permanent residence card (PR) valid for 10 years. Do carry it with you wherever you go and renew it after a decade.

Benefits of getting a Permanent Residence (PR)
There are several reasons why people look at relocating to the US permanently:
– Freedom to jump jobs without additional approvals.
– Freedom to move within the country.
– Freedom to re-enter the US after traveling abroad.
– A chance to sponsor your family.

Permanent Residency through Employment
Employees who apply for permanent residence in the US are classified into five different categories, yet the employer will need to confirm two things which are that no other US worker, with appropriate qualifications and salary expectations, was willing to fill the position and that hiring the applicant would not affect the wages of the rest of the employees.

Employment-Based Permanent Residency types:

First Preference EB-1
Eligible applicants:
– Multinational managers or executives
– Outstanding professors and researchers
I- ndividuals with extraordinary ability (outstanding entertainers, sportsmen, or businessmen)

EB-1 eligibility requirements:
– Evidence of recognized achievements in the field (extraordinary ability).
– International recognition of outstanding achievements and three years of experience teaching or researching the appropriate academic field (professors and researchers).
– 3 years of employment before entering the US, with at least one year at the company the applicant is seeking to continue working for when in the US (managers and executives).

Documentation required:
For extraordinary ability, you can petition for yourself by filing the form I-140.
For permanent residence in the US as a professor, researcher, executive, or manager, your employer will have to petition for you by filing the form I-140.
Second Preference EB-2

EB-2 eligibility requirements (any 1):
– Your job must require an advanced degree and you should have it
– You must show exceptional ability in your field
– Be eligible for a National Interest Waiver. People, who show exceptional abilities in their field or whose employment would benefit the US, can apply for this waiver. In these cases, the Labor Certificate would be waived as their work considered advantageous to the country.

Eligibility for the waiver if you meet at least 3 of the following requirements:
– Own a license or a certificate that allows you to practice your occupation.
– Have a certificate of exceptional abilities from an educational institution.
– Have 10 years of experience in your occupation.
– Have received salaries or other payments for your exceptional abilities.
– Have been a member of a professional association.
– Have received recognition for your achievements from your peers, business organizations, or the government.
– Other comparable evidence of eligibility.

Documentation required:
– Your employer will need to petition for you by filing the form I-140.
– Unless you qualify for a National Interest Waiver, you will need to obtain a Foreign Labor Certification (ETA 9089).

Third Preference EB-3
Eligible applicants:
– Professionals (teachers, accountants, engineers, etc.)
– Skilled workers (drivers, cooks, mechanics, etc.)
– Unskilled workers (factory workers, waiters, janitors, etc.)

EB-3 eligibility requirements are:
– A degree that allows you to do a job that other qualified US workers are unobtainable for (professionals).
– 2 years of work experience or training that allows you to do a job that other qualified US workers are unobtainable for (skilled workers).
– The ability to perform unskilled work of permanent and unseasonal nature that requires less than 2 years of training for which other qualified US workers are unobtainable for (unskilled workers).
– A full-time job offer.

Documentation required:
– Foreign Labor Certification (ETA 9089).
– Your employer needs to petition for you by filing the form I-140.

Fourth Preference EB-4
Eligible applicants:
– Certain physicians
– Armed Forces members
– G-4 or NATO employees and their family members
I- nternational employees of the US government aboard
– Broadcasters
– Special immigrant juveniles
– Ministers of religion
– Panama Canal Zone employees
The documentation required would be your employer’s petition by filing the form I-360.

Fifth Preference EB-5
Eligible applicants are entrepreneurs who satisfy both the below criteria:
– Invest USD 1 million into a general US enterprise or USD 500,000 into an enterprise in a rural or a highly unemployed area; and
– Create full-time positions for at least 10 employees.
The documentation required would be the petition you sign for yourself by filing the form I-526.

Permanent Residency through Family ties

In order to apply for a green card, you can seek the support of a close and willing family member who is a US citizen or a lawful permanent resident. In this case, this relative has to be ready to declare that they will sponsor your stay in the US yet there are other requirements in order for your family-based application to be approved.

Below are two family-based visas that depend on your relationship with the petitioner.
(IR) Immediate Relative visa (no immigration cap):
– Parents of a US citizen that is 21 years old or older (IR-5)
– Spouse of a US citizen (IR-1)
– Unmarried children (under 21 years old) of a US citizen (IR-2)
– Child from abroad adopted by a US citizen (IR-3)
– Child to be adopted in the US by a US citizen (IR-4)

(F) Family Preference visa (with immigration cap):
– First preference (F-1): Unmarried children of US citizen and their minor children, if any (23,400);
– Second preference (F-2): Spouses, minor children, and unmarried sons and daughters of a lawful permanent resident (114,200)
– Third preference (F-3): Married sons and daughters of the US citizen and their spouses and minor children, if any (23,400);
– Fourth preference (F-4): Siblings of a US citizen and their spouses and minor children (65,000).
In case of immigration visas, once the annual limit is reached, the applicants will have to wait for the availability of new slots which will then be processed in chronological order.

Permanent Residence: Petition for a Family Member
In order for a lawful permanent resident or a US citizen to petition for you (form I-130), they will need to provide the following:
– Proof they are legal in the US (a permanent resident card, a US passport, copies of birth or naturalization certificate, etc.).
– Evidence of your relationship (copy of marriage or birth certificate).
– In case of spouse, you will need to provide evidence that your marriage has been made in good faith (proof of joint finances or property ownership, a joint lease, birth certificates of your children, etc.).

The Affidavit of Support

To stay in the US permanently, your petitioner will need to prove that they are financially able to support you by filing the form I-864 or the affidavit of support. Financially able means the household income should be at least 25% higher than the US poverty level at the time. The poverty level brink that you need to consider, that changes every year, will depend on the size of your household.

In case you are not able to meet the required level of income, you can add the value of your personal assets like money in savings accounts, property, bonds, and stocks. However, the criteria for the assets differ from the income criteria. To calculate the amount the value of your assets need to cover:

5 times (125% of the US Poverty Level – Your Household Income) should be equal to the Cash Value of Your Assets.

The affidavit of support would require the petitioner to submit a copy of their latest income tax return. Other required documents you can keep ready are your proof of employment, a copy of a US passport or a permanent residence card, and documents proving ownership and the value of your assets. Once the affidavit is approved, the petitioner has to support you financially until you receive your green card.

Diversity Immigrant Visa Program (the Green Card Lottery)

The US government runs this program to diversify the migrants in the country. So, if you are not eligible for an employment or family-based visa, you can try the Diversity Immigrant Visa Program, popularly known as the green card lottery. Many people enter this lottery every year in the hopes of being granted a permanent resident card, sometimes without prior residence in the US.

To qualify for the lottery:

You must be a native of one of the qualifying countries.
You must meet the education or work experience requirements.
If the number exceeds 50,000, the said country’s nationals cannot participate in the lottery. As the list, of qualifying countries, is updated every year.

Some educational requirements before applying for green card lottery are: you must hold a high school diploma or an equivalent; OR 2 years of work experience in the past five years. On the other hand, only certain occupations qualify for the lottery. The job has to need two years of training at the least and the US Department of Labor needs to mention your job under a specific job zone.

Though the entry dates change every year, generally the applications opens around October or November and you can confirm if your entry was approved only in May. The selection is random and computer-generated.

Permanent residence: Applying for the Green Card Lottery

Entering the green card lottery is free of charge. You can submit your entry to the Diversity Immigrant Visa Program online. You can also include your spouse, and your unmarried children less than 21 years of age, in the same application. Once you are done, you will get a confirmation number to be used while you check your application status.

After your entry application is approved, the process begins. You will be assigned a DV case number that you will need to enter when filling form DS-260 to officially apply for the diversity visa. Once done, print the confirmation page to present it at the visa interview.

Before attending the visa interview, you should have completed:
– Paying the Diversity Visa fee.
– Mailing in the copies of official documents that support your application (birth certificates, criminal records, evidence of military service, police certificates indicating residence);
– Getting a medical examination done by an authorized doctor and receiving all the necessary vaccinations;
You will be notified about the date and time for your interview at your local embassy or consulate. All the members, part of your application, will have to be present during this appointment.

Make sure you have the following while going for your interview:
– Form DS-260 confirmation page
– Interview appointment confirmation
– The originals of documents you sent in prior to the interview
– Two passport-style photographs
– Your valid passport (and passports of applicants under you)
– Medical exam results (in a sealed envelope)
– English translations (if applicable)
– Other documents (evidence of education and work experience, marriage certificate, etc.)
If approved, your visa will be returned to you in your passport. You will also receive a sealed immigrant packet to be presented at border control when entering the US. Make sure to pay the US Immigrant Fee prior to your travel date which will have to be within six months of receiving your green card.

Permanent Residence: Application Process for Adjustment of Status

In order to change your status from temporary to permanent, from within the country, follow the steps below:

1. Getting Your Petition
For an employment-based visa, your employer needs to file a petition for your permanent residence (form I-140). For a family based visa, your relative has to file a petition (form I-130). For other employment based visas, different forms form I-360 for fourth and form I-526 for fifth preference will be applicable.

2. Paying the Fees
You will have to pay the fees for document filing and recording of your biometrics before submitting the documentation for change of status. The complete process could cost you around USD 2,000, excluding an attorney or other additional fees.

3. Filing the Application
To merely transfer your status from temporary to permanent residence, you need to be physically present in the US. All applicants will be informed whether visa slots are available or not. You can check the same here. If you do not require the labor certification, you can go ahead and submit your application once your petition is filed. Other applications for employment-based visas can be done once the applicant’s labor certification is received by the US Department of Labor. The documents required when filing the application form I-485 are:

Confirmation of a job offer (if applicable).
– Proof of your petition.
– Proof that you have maintained the status as a lawful immigrant throughout your stay in the US.
– Document issued by an immigration officer that states you have been either ‘inspected and admitted’ or ‘inspected and paroled’.
– Two passport-style photos.
– Copy of your passport.
– Copy of your birth certificate.
The affidavit of support (if applicable).
If you petition for yourself, you need to present a signed statement that you intend to work in the field of your occupation.
Police and court records of all your criminal charges, if any.
The family members (in the same application) of the applicant would need to present the following in addition to the items listed above:

Proof of relation to the main applicant (birth certificate, marriage certificate, church records, etc.).
If applicable, evidence of previous marriages.
If you are filing the documents separately from the main applicant, you will need to present documentation proving the main applicant’s immigrant category and the copy of their filled form I-485.

4. Submitting Your Biometrics
Once you receive a notice in the mail requiring you to record your biometrics, you will be given a date, time and place of your appointment. Remember to take your notice and your photo ID for the same. You would have to submit your fingerprints, photos and/or signatures in order to verify your identity and background information. At the appointment, you will have to confirm the authenticity of the information you provided in your application.

5. Attending the Interview
After your biometrics appointment, another notice will be mailed to you, regarding the date, place, and time for the interview. This interview is generally conducted to confirm that the information you provided is authentic. Also, in case of any changes, you will be asked for necessary explanations. The officer may also ask you to clarify information that was not addressed or completed earlier. For a family-based permanent residence, your petitioner will also be required to attend the interview.

In special circumstances, the interview may be waived.

6. Receiving Your Residence
The complete application process could take anywhere around 6 months to a year. There is no specific time for how long the approval would take but Immigration Services strive to finish it within four months during which you can check the status of your application online or by calling the contact center. In case you need to leave the country while your application is pending for approval, do inform the Immigration Services by applying for a travel document by submitting form I-131.

You will first be notified about the approval of your application and receive your permanent visa card (green card) in the mail. If your application is denied, you cannot appeal the decision but can file a request for reconsideration (form I-290B). After issuance, your permanent residence card is valid for ten years. Remember to carry it wherever you go.

Permanent Residence: Application for Consular Processing

In case you are not in the country while applying for a permanent residence, you will have to go through consular processing. Generally, the process is similar to the adjustment of status, but the forms and fees differ.

Before the consular processing application can be filed, you will need to get yourself an agent and complete the form DS-261 so that they can represent you, in your absence, during the visa process. This representation can be done by a trusted family member, a friend, or an attorney. Once done, you will need to submit form DS-260. This application requires personal details such as your address, marital status, criminal record, education and work experience, plus other information.

After paying the fees, you will be notified about which mode (mail, e-mail or an online application center) to use to submit the following documents (translated into English):

Passports
Birth certificates
Marriage certificates
Criminal records
Military records
Police certificates indicating your residence
Proof of financial support (if applicable)
As mentioned above, you will have to go for a medical examination prior to attending the interview which will be scheduled at a local embassy or consulate. Take originals of all the documentation with you with copies. Your biometrics will also be recorded there. You may be required to order courier services to deliver your passport back to you once the processing is over.

After your application is approved, you will get your passport back with the visa. You will also get a sealed immigrant packet that you will have to submit to the border control officer once you arrive in the US which within 6 months of issuance of your permanent residence.

Permanent Residence: Fees
Always remember never to pay any fees unless instructed by authorized personnel.

If you are applying from outside the US, contact your local embassy or consulate for more information. If you reside in the US, the following payments can be made online, by mail, or in person: