The United States welcomes thousands of foreign students and exchange visitors every year.
If you wish to pursue full-time academic or vocational studies in the United States you may be eligible for one of two nonimmigrant student categories the “F” category is for academic students and “M” is for vocational students.
If you wish to participate in an exchange program you may be eligible for the “J” category for exchange visitors. The J visa is for educational and cultural exchange programs designated by the Department of State, Bureau of Consular Affairs.
For more information on eligibility requirements and the application process, see the links to the left under “Students and Exchange Visitors.”
Academic and Vocational (F and M visas)
F-1: Academic students
F-2: Spouses and children of F-1
F-3: Canadian or Mexican national academic commuter students
M-1: Vocational students
M-2: Spouses and children of M1
M-3: Canadian or Mexican national vocational commuter students
Exchange Visitors (J visas)
J-1: Exchange visitors
J-2: Spouses and children of J-1
Temporary Visitors for Business
To visit the United State for Business you will need to obtain a Temporary Visitors for Business Visa, unless you qualify for admission without a visa under the Visa Waiver Program.
The table below describes the different classifications of temporary business visitors. For more information on eligibility and the application process, see the links under “Temporary Visitors for Business” to the left.
Temporary Visitors for Business
B-1
Temporary business visitor to conduct activities of a commercial or professional nature. For example, consult with business associates, negotiate a contract, or attend a business conference
WB
Temporary visitor for Business admitted under Visa Waiver Program
GB
Temporary visitor for Business (limited to Guam)
The table below describes the different classifications of temporary business visitors. For more information on eligibility and the application process, see the links under “Temporary Visitors for Business” to the left.
Temporary Visitors for Business
B-1
Temporary business visitor to conduct activities of a commercial or professional nature. For example, consult with business associates, negotiate a contract, or attend a business conference
WB
Temporary visitor for Business admitted under Visa Waiver Program
GB
Temporary visitor for Business (limited to Guam)
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Temporary (Nonimmigrant) Workers
In order for you to come to the United States lawfully as a nonimmigrant to work temporarily in the United States your prospective employer must generally file a nonimmigrant petition on your behalf with USCIS1. The main nonimmigrant temporary worker classifications are listed in the table below. For more information about the filing requirements for particular nonimmigrant classifications, see the specific classification links under "Temporary Workers" to the left.
Spouses and Children Seeking Dependent Nonimmigrant Classification
Spouses and children who qualify for dependant nonimmigrant classification of a temporary worker and who are outside of the United States should apply directly at a U.S. consulate for a visa.
Spouses and children requesting a change of status or extension of stay in a dependent nonimmigrant classification must file Form I-539, Application to Extend/Change Nonimmigrant Status. Please see the Form I-539 instructions for further information on filing procedures for this application.
Temporary (Nonimmigrant) Worker Classification
E-1
Description: Treaty traders and qualified employees.
E-2
Description: Treaty investors and qualified employees.
E-3
Description: Certain "specialty occupation" professionals from Australia.
H-1B
Description: Workers in a speciality occupation and the following sub-classifications:
H-1B1 - Free Trade Agreement workers in a specialty occupation from Chile and Singapore.
H-1B2 - Specialty occupations related to Department of Defense Cooperative Research and Development projects or Co-production projects.
H-1B3 - Fashion models of distinguished merit and ability.
H-1C2
Description: Registered nurses working in a health professional shortage area as determined by the U.S. Department of Labor.
H-2A
Description: Temporary or seasonal agricultural workers.
H-2B
Description: Temporary non-agricultural workers.
H-3
Description:Trainees other than medical or academic. This classification also applies to practical training in the education of handicapped children.
I
Description: Representatives of foreign press, radio, film or other foreign information media.
L-1A
Description: Intracompany transferees in managerial or executive positions.
L-1B
Description: Intracompany transferees in positions utilizing specialized knowledge.
O-1
Description: Persons with extraordinary ability in sciences, arts, education, business, or athletics and motion picture or TV production.
O-2
Description: Persons accompanying solely to assist an O-1 nonimmigrant.
P-1A
Description: Internationally recognized athletes.
P-1B
Description: Internationally recognized entertainers or members of internationally recognized entertainment groups.
P-2
Description: Individual performer or part of a group entering to perform under a reciprocal exchange program.
P-3
Description: Artists or entertainers, either an individual or group, to perform, teach, or coach under a program that is culturally unique.
Q-1
Description: Persons participating in an international cultural exchange program for the purpose of providing practical training, employment, and to share the history, culture, and traditions of the alien's home country.
R-1
Description: Religious workers.
TN
Description: North American Free Trade Agreement (NAFTA) temporary professionals from Mexico and Canada.
1 Only a few nonimmigrant classifications allow you to obtain permission work in this country without an employer having first filed a petition on your behalf. Such classifications include the nonimmigrant E-1, E-2, E-3 and TN classifications, as well as, in certain instances, the F-1 and M-1 student and J-1 exchange visitor classifications.
2 The H-1C nonimmigrant classification is scheduled to expire on December 20, 2009.
3 L-2 dependent spouses may apply for employment authorization.
4 Though the Immigration and Nationality Act (INA) does not provide a specific nonimmigrant classification for dependents of Q-1 nonimmigrants, this does not preclude the spouse or child of a Q-1 from entering the U.S. in another nonimmigrant classification.
Spouses and Children Seeking Dependent Nonimmigrant Classification
Spouses and children who qualify for dependant nonimmigrant classification of a temporary worker and who are outside of the United States should apply directly at a U.S. consulate for a visa.
Spouses and children requesting a change of status or extension of stay in a dependent nonimmigrant classification must file Form I-539, Application to Extend/Change Nonimmigrant Status. Please see the Form I-539 instructions for further information on filing procedures for this application.
Temporary (Nonimmigrant) Worker Classification
E-1
Description: Treaty traders and qualified employees.
E-2
Description: Treaty investors and qualified employees.
E-3
Description: Certain "specialty occupation" professionals from Australia.
H-1B
Description: Workers in a speciality occupation and the following sub-classifications:
H-1B1 - Free Trade Agreement workers in a specialty occupation from Chile and Singapore.
H-1B2 - Specialty occupations related to Department of Defense Cooperative Research and Development projects or Co-production projects.
H-1B3 - Fashion models of distinguished merit and ability.
H-1C2
Description: Registered nurses working in a health professional shortage area as determined by the U.S. Department of Labor.
H-2A
Description: Temporary or seasonal agricultural workers.
H-2B
Description: Temporary non-agricultural workers.
H-3
Description:Trainees other than medical or academic. This classification also applies to practical training in the education of handicapped children.
I
Description: Representatives of foreign press, radio, film or other foreign information media.
L-1A
Description: Intracompany transferees in managerial or executive positions.
L-1B
Description: Intracompany transferees in positions utilizing specialized knowledge.
O-1
Description: Persons with extraordinary ability in sciences, arts, education, business, or athletics and motion picture or TV production.
O-2
Description: Persons accompanying solely to assist an O-1 nonimmigrant.
P-1A
Description: Internationally recognized athletes.
P-1B
Description: Internationally recognized entertainers or members of internationally recognized entertainment groups.
P-2
Description: Individual performer or part of a group entering to perform under a reciprocal exchange program.
P-3
Description: Artists or entertainers, either an individual or group, to perform, teach, or coach under a program that is culturally unique.
Q-1
Description: Persons participating in an international cultural exchange program for the purpose of providing practical training, employment, and to share the history, culture, and traditions of the alien's home country.
R-1
Description: Religious workers.
TN
Description: North American Free Trade Agreement (NAFTA) temporary professionals from Mexico and Canada.
1 Only a few nonimmigrant classifications allow you to obtain permission work in this country without an employer having first filed a petition on your behalf. Such classifications include the nonimmigrant E-1, E-2, E-3 and TN classifications, as well as, in certain instances, the F-1 and M-1 student and J-1 exchange visitor classifications.
2 The H-1C nonimmigrant classification is scheduled to expire on December 20, 2009.
3 L-2 dependent spouses may apply for employment authorization.
4 Though the Immigration and Nationality Act (INA) does not provide a specific nonimmigrant classification for dependents of Q-1 nonimmigrants, this does not preclude the spouse or child of a Q-1 from entering the U.S. in another nonimmigrant classification.
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Permanent Workers
Approximately 140,000 immigrant visas are available each fiscal year for aliens (and their spouses and children) who seek to immigrate based on their job skills. If you have the right combination of skills, education, and/or work experience and are otherwise eligible, you may be able to live permanently in the United States. The five employment-based immigrant visa preferences (categories) are listed below.
Labor Certification
Some immigrant visa preferences require you to already have a job offer from a U.S. employer. This employer will be considered your sponsor. For some visa categories, before the U.S. employer can submit an immigration petition to USCIS, the employer must obtain an approved labor certification from the U.S. Department of Labor (DOL). The DOL labor certification verifies the following:
· There are insufficient available, qualified, and willing U.S. workers to fill the position being offered at the prevailing wage
· Hiring a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers
For more information see the “Labor Certification” link to the right.
Permanent Worker Visa Preference Categories
First Preference EB-1
General Description: This preference is reserved for persons of extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors or researchers; and multinational executives and managers.
Labor Certification Required? No
Second Preference EB-2
General Description: This preference is reserved for persons who are members of the professions holding advanced degrees or for persons with exceptional ability in the arts, sciences, or business.
Labor Certification Required? Yes, unless applicant can obtain a national interest waiver (See the “Labor Certification” link to the right for more waiver information.)
Third Preference EB-3
General Description: This preference is reserved for professionals, skilled workers, and other workers. (See Third Preference EB-3 link on left for further definition of these job classifications.)
Labor Certification Required? Yes
Fourth Preference EB-4
General Description: This preference is reserved for “special immigrants,” which includes certain religious workers, employees of U.S. foreign service posts, retired employees of international organizations, alien minors who are wards of courts in the United States, and other classes of aliens.
Labor Certification Required? No
Fifth Preference EB-5
General Description: This preference is reserved for business investors who invest $1 million or $500,000 (if the investment is made in a targeted employment area) in a new commercial enterprise that employs at least 10 full-time U.S. workers.
Labor Certification Required? No
Labor Certification
Some immigrant visa preferences require you to already have a job offer from a U.S. employer. This employer will be considered your sponsor. For some visa categories, before the U.S. employer can submit an immigration petition to USCIS, the employer must obtain an approved labor certification from the U.S. Department of Labor (DOL). The DOL labor certification verifies the following:
· There are insufficient available, qualified, and willing U.S. workers to fill the position being offered at the prevailing wage
· Hiring a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers
For more information see the “Labor Certification” link to the right.
Permanent Worker Visa Preference Categories
First Preference EB-1
General Description: This preference is reserved for persons of extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors or researchers; and multinational executives and managers.
Labor Certification Required? No
Second Preference EB-2
General Description: This preference is reserved for persons who are members of the professions holding advanced degrees or for persons with exceptional ability in the arts, sciences, or business.
Labor Certification Required? Yes, unless applicant can obtain a national interest waiver (See the “Labor Certification” link to the right for more waiver information.)
Third Preference EB-3
General Description: This preference is reserved for professionals, skilled workers, and other workers. (See Third Preference EB-3 link on left for further definition of these job classifications.)
Labor Certification Required? Yes
Fourth Preference EB-4
General Description: This preference is reserved for “special immigrants,” which includes certain religious workers, employees of U.S. foreign service posts, retired employees of international organizations, alien minors who are wards of courts in the United States, and other classes of aliens.
Labor Certification Required? No
Fifth Preference EB-5
General Description: This preference is reserved for business investors who invest $1 million or $500,000 (if the investment is made in a targeted employment area) in a new commercial enterprise that employs at least 10 full-time U.S. workers.
Labor Certification Required? No
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Information for Employers and Employees
Employers must verify that an individual whom they plan to employ or continue to employ in the United States is authorized to accept employment in the United States. For more information about the employment authorization verification process, see the “About Form I-9 and E-Verify” link to the right.
As an employer, you may require the services of a foreign national to work at your company or business. If the individual is already a permanent resident (green card holder), you may hire that individual, but you must comply with the employment verification requirements.
If the alien is not already a permanent resident, you will need to file a petition so that the individual may obtain the appropriate immigrant or nonimmigrant classification. You may chose to file an immigrant petition (permanent) or a nonimmigrant petition (temporary) on behalf of that employee. The links to the left provide information on how to petition and the different eligibility categories.
Employees
No alien may accept employment in the United States unless they have been authorized to do so. Some aliens, such as those who have been admitted as permanent residents, granted asylum or refugee status, or admitted in work-related nonimmigrant classifications, may have employment authorization as a direct result of their immigration status. Other aliens may need to apply individually for employment authorization.
There are many ways in which a person may be able to work in the United States. You may seek an immigration classification that permits you to live and work in the United States permanently or temporarily. In most instances, your employer or potential employer must petition for you. In the links to your left, you will find more information about coming to the United States to work temporarily or permanently and the many different eligibility categories for working in the United States.
Additional Information
General employer information: 1-800-357-2099
As an employer, you may require the services of a foreign national to work at your company or business. If the individual is already a permanent resident (green card holder), you may hire that individual, but you must comply with the employment verification requirements.
If the alien is not already a permanent resident, you will need to file a petition so that the individual may obtain the appropriate immigrant or nonimmigrant classification. You may chose to file an immigrant petition (permanent) or a nonimmigrant petition (temporary) on behalf of that employee. The links to the left provide information on how to petition and the different eligibility categories.
Employees
No alien may accept employment in the United States unless they have been authorized to do so. Some aliens, such as those who have been admitted as permanent residents, granted asylum or refugee status, or admitted in work-related nonimmigrant classifications, may have employment authorization as a direct result of their immigration status. Other aliens may need to apply individually for employment authorization.
There are many ways in which a person may be able to work in the United States. You may seek an immigration classification that permits you to live and work in the United States permanently or temporarily. In most instances, your employer or potential employer must petition for you. In the links to your left, you will find more information about coming to the United States to work temporarily or permanently and the many different eligibility categories for working in the United States.
Additional Information
General employer information: 1-800-357-2099
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Working in the US
The United States welcomes thousands of foreign workers in multiple occupations or employment categories every year. These include artists, researchers, cultural exchange participants, information technology specialists, religious workers, investors, scientists, athletes, nurses, agricultural workers and others. All foreign workers must obtain permission to work legally in the United States. Each employment category for admission has different requirements, conditions and authorized periods of stay. It is important that you adhere to the terms of your application or petition for admission and visa. Any violation can result in removal or denial of re-entry into the United States.
Temporary (Nonimmigrant) Worker
A temporary worker is an individual seeking to enter the United States temporarily for a specific purpose. Nonimmigrants enter the United States for a temporary period of time, and once in the United States, are restricted to the activity or reason for which their nonimmigrant visa was issued.
Permanent (Immigrant) Worker
A permanent worker is an individual who is authorized to live and work permanently in the United States.
Students and Exchange Visitors
Students and exchange visitors may, under certain circumstances, be allowed to work in the United States. They must obtain permission from an authorized official at their school. The authorized official is known as a Designed School Official (DSO) for students and the Responsible Officer (RO) for exchange visitors.
Information for Employers & Employees
Employers must verify that an individual whom they plan to employ or continue to employ in the United States is authorized to accept employment in the United States. Individuals, such as those who have been admitted as permanent residents, granted asylum or refugee status, or admitted in work-related nonimmigrant classifications, may have employment authorization as a direct result of their immigration status. Other aliens may need to apply individually for employment authorization. Temporary Visitors For Business
To visit the United States for business purposes you will need to obtain a visa as a temporary visitor for business (B-1 visa), unless you qualify for admission without a visa under the Visa Waiver Program. For more information on the topics above, select the category related to your situation to the left.
Temporary (Nonimmigrant) Worker
A temporary worker is an individual seeking to enter the United States temporarily for a specific purpose. Nonimmigrants enter the United States for a temporary period of time, and once in the United States, are restricted to the activity or reason for which their nonimmigrant visa was issued.
Permanent (Immigrant) Worker
A permanent worker is an individual who is authorized to live and work permanently in the United States.
Students and Exchange Visitors
Students and exchange visitors may, under certain circumstances, be allowed to work in the United States. They must obtain permission from an authorized official at their school. The authorized official is known as a Designed School Official (DSO) for students and the Responsible Officer (RO) for exchange visitors.
Information for Employers & Employees
Employers must verify that an individual whom they plan to employ or continue to employ in the United States is authorized to accept employment in the United States. Individuals, such as those who have been admitted as permanent residents, granted asylum or refugee status, or admitted in work-related nonimmigrant classifications, may have employment authorization as a direct result of their immigration status. Other aliens may need to apply individually for employment authorization. Temporary Visitors For Business
To visit the United States for business purposes you will need to obtain a visa as a temporary visitor for business (B-1 visa), unless you qualify for admission without a visa under the Visa Waiver Program. For more information on the topics above, select the category related to your situation to the left.
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After a Green Card is Granted
A green card is issued to all permanent residents as proof that they are authorized to live and work in the United States. If you are a permanent resident age 18 or older, you are required to have a valid green card in your possession at all times. Current green cards are valid for 10 years, or 2 years in the case of a conditional resident, and must be renewed before the card expires.
A green card can be used to prove employment eligibility in the United States when completing the Form I-9, Employment Eligibility Verification. It can also be used to apply for a Social Security Card and a state issued driver’s license. A green card is valid for readmission to the United States after a trip abroad if you do not leave for longer than 1 year. If your trip will last longer than 1 year, a reentry permit is needed.
You have certain rights and responsibilities as a permanent resident. This section will give you a general idea of what these are and provide you with some other useful information related to your immigration status.
You may also wish to read Welcome to the United States: A Guide for New Immigrants, a guide (in English and 10 other languages) containing practical information to help immigrants settle into everyday life in the United States, as well as basic civics information that introduces new immigrants to the U.S. system of government (see the links to the right).
See the links to the left under “After a Green Card is Granted” to find information on the following:
· Replace a Green Card
· Renew a Green Card
· Maintaining Permanent Residence
· Conditional Permanent Residence
· Rights and Responsibilities of a Permanent Resident
· International Travel as a Permanent Resident
· Voting as a Permanent Resident (The Right to Vote)
· Granted a Green Card by an Immigration Judge
A green card can be used to prove employment eligibility in the United States when completing the Form I-9, Employment Eligibility Verification. It can also be used to apply for a Social Security Card and a state issued driver’s license. A green card is valid for readmission to the United States after a trip abroad if you do not leave for longer than 1 year. If your trip will last longer than 1 year, a reentry permit is needed.
You have certain rights and responsibilities as a permanent resident. This section will give you a general idea of what these are and provide you with some other useful information related to your immigration status.
You may also wish to read Welcome to the United States: A Guide for New Immigrants, a guide (in English and 10 other languages) containing practical information to help immigrants settle into everyday life in the United States, as well as basic civics information that introduces new immigrants to the U.S. system of government (see the links to the right).
See the links to the left under “After a Green Card is Granted” to find information on the following:
· Replace a Green Card
· Renew a Green Card
· Maintaining Permanent Residence
· Conditional Permanent Residence
· Rights and Responsibilities of a Permanent Resident
· International Travel as a Permanent Resident
· Voting as a Permanent Resident (The Right to Vote)
· Granted a Green Card by an Immigration Judge
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Other Ways to Get a Green Card
Although most immigrants come to live permanently in the United States through a family member’s sponsorship, employment, or a job offer, there are many other ways to get a green card (permanent residence).
These special adjustment programs are limited to individuals meeting particular qualifications and/or applying during certain time frames.
For information about the categories below, see links to the left under “Other Ways to Get a Green Card.”
· Amerasian Child of a U.S. Citizen
· American Indian Born in Canada
· Armed Forces Member
· Cuban Native or Citizen
· Diversity Immigrant Visa Program
· Haitian Refugee
· Indochinese Parole Adjustment Act
· Informant (S Nonimmigrant)
· Lautenberg Parolee
· Legal Immigration Family Equity (LIFE) Act
· Person Born to Foreign Diplomat in United States
· Registry
· Section 13 (Diplomat)
· Special Immigrant Juvenile
· Victim of Criminal Activity (U Nonimmigrant)
· Victim of Trafficking (T Nonimmigrant)
· For information about the special categories below, see under the “Family,” Working in the U.S.” and “Humanitarian” links to the right.
· Nicaraguan and Central American Relief Act (NACARA)
Green Cards Through Special Categories of Jobs
Includes:
· Afghan/Iraqi Translator
· Broadcaster
· International Organization Employee
· Iraqi Who Assisted the U.S. Government
· NATO-6 Nonimmigrant
· Panama Canal Employee
· Physician National Interest Waiver
· Religious Worker
Green Cards Through Special Categories of Family
Includes:
· Battered Spouse or Child (VAWA)
· K Nonimmigrant (includes fiancé(e))
· V Nonimmigrant
· Widow(er)
These special adjustment programs are limited to individuals meeting particular qualifications and/or applying during certain time frames.
For information about the categories below, see links to the left under “Other Ways to Get a Green Card.”
· Amerasian Child of a U.S. Citizen
· American Indian Born in Canada
· Armed Forces Member
· Cuban Native or Citizen
· Diversity Immigrant Visa Program
· Haitian Refugee
· Indochinese Parole Adjustment Act
· Informant (S Nonimmigrant)
· Lautenberg Parolee
· Legal Immigration Family Equity (LIFE) Act
· Person Born to Foreign Diplomat in United States
· Registry
· Section 13 (Diplomat)
· Special Immigrant Juvenile
· Victim of Criminal Activity (U Nonimmigrant)
· Victim of Trafficking (T Nonimmigrant)
· For information about the special categories below, see under the “Family,” Working in the U.S.” and “Humanitarian” links to the right.
· Nicaraguan and Central American Relief Act (NACARA)
Green Cards Through Special Categories of Jobs
Includes:
· Afghan/Iraqi Translator
· Broadcaster
· International Organization Employee
· Iraqi Who Assisted the U.S. Government
· NATO-6 Nonimmigrant
· Panama Canal Employee
· Physician National Interest Waiver
· Religious Worker
Green Cards Through Special Categories of Family
Includes:
· Battered Spouse or Child (VAWA)
· K Nonimmigrant (includes fiancé(e))
· V Nonimmigrant
· Widow(er)
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Green Card Through Refugee or Asylee Status
If you were admitted to the United States as a refugee or as a qualifying family member of an asylee, you are eligible to apply for permanent residence (a green card) 1 year after your entry into the United States.
If you were granted asylum in the United States, you are eligible to apply for permanent residence 1 year after the grant of your asylum status.
As a refugee, you are required by law to apply for permanent resident status 1 year after being admitted to the United States in refugee status. As an asylee, you are not required to apply for permanent resident status after being granted asylum for 1 year, although it may be in your best interest to do so.
For more information on how refugees, asylees, and their family members can apply for green cards see the following links to the left:
· Green Card for a Refugee
Explains the refugees eligibility criteria and application process for a green card.
· Green Card for an Asylee
Explains the aslyees and their family members eligibility criteria and application process for a green card.
For more information about applying for refugee and asylum status, see the “Humanitarian” link to the right.
If you were granted asylum in the United States, you are eligible to apply for permanent residence 1 year after the grant of your asylum status.
As a refugee, you are required by law to apply for permanent resident status 1 year after being admitted to the United States in refugee status. As an asylee, you are not required to apply for permanent resident status after being granted asylum for 1 year, although it may be in your best interest to do so.
For more information on how refugees, asylees, and their family members can apply for green cards see the following links to the left:
· Green Card for a Refugee
Explains the refugees eligibility criteria and application process for a green card.
· Green Card for an Asylee
Explains the aslyees and their family members eligibility criteria and application process for a green card.
For more information about applying for refugee and asylum status, see the “Humanitarian” link to the right.
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Green Card Through a Job
Many people become permanent residents through a job or offer of employment. Some categories require a certification from the U.S. Department of Labor to show that there are not enough U.S. workers who are able, willing, qualified, and available in the geographic area where the immigrant is to be employed and that no American workers are displaced by foreign workers. In other cases, highly skilled workers, those with extraordinary ability in certain professions, and investors/entrepreneurs are given priority to immigrate through several immigrant categories. In all cases, the process involves several steps.
The main ways to immigrate based on a job offer or employment are listed below. For more information on the categories below, see the links to the left under “Green Card Through a Job.”
Green Card Through a Job Offer
You may be eligible to become a permanent resident based on an offer of permanent employment in the United States. Most categories require an employer to get a labor certification and then file a Form I-140, Immigrant Petition for Alien Worker, for you.
Green Card Through Investment
Green cards may be available to investors/entrepreneurs who are making an investment in an enterprise that creates new U.S. jobs.
Green Card Through Self Petition
Some immigrant categories allow you to file for yourself (“self-petition”). This option is available for either “Aliens of Extraordinary Ability” or certain individuals granted a National Interest Waiver.
Green Card Through Special Categories of Jobs
There are a number of specialized jobs that may allow you to get a green card based on a past or current job. All of these require a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, and are described in Section 101(a)(27) of the Immigration and Nationality Act (INA) (see the “INA” link to the right):
· Afghan/Iraqi Translator
· Broadcaster
· International Organization Employee
· Iraqi Who Assisted the U.S. Government
· NATO-6 Nonimmigrant
· Panama Canal Employee
· Physician National Interest Waiver
· Religious Worker
In some cases, you may be able to file the immigrant petition (either a Form I-140 or I-360, depending on your category) at the same time that you file Form I-485, known as “concurrent filing.” For more information, see the “Concurrent Filing” link to left under “Green Card Processes & Procedures.”
If you are not eligible to adjust your status inside the United States to a permanent resident, the immigrant petition will be sent to the U.S. consulate abroad to complete the visa process. In order to apply for a green card, there must be a visa immediately available to you. See the “Visa Availability & Priority Dates” link to left under “Green Card Processes & Procedures”.
For information on coming to the United States for temporary or permanent employment, see the “Working in the U.S.” link to the right.
The main ways to immigrate based on a job offer or employment are listed below. For more information on the categories below, see the links to the left under “Green Card Through a Job.”
Green Card Through a Job Offer
You may be eligible to become a permanent resident based on an offer of permanent employment in the United States. Most categories require an employer to get a labor certification and then file a Form I-140, Immigrant Petition for Alien Worker, for you.
Green Card Through Investment
Green cards may be available to investors/entrepreneurs who are making an investment in an enterprise that creates new U.S. jobs.
Green Card Through Self Petition
Some immigrant categories allow you to file for yourself (“self-petition”). This option is available for either “Aliens of Extraordinary Ability” or certain individuals granted a National Interest Waiver.
Green Card Through Special Categories of Jobs
There are a number of specialized jobs that may allow you to get a green card based on a past or current job. All of these require a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, and are described in Section 101(a)(27) of the Immigration and Nationality Act (INA) (see the “INA” link to the right):
· Afghan/Iraqi Translator
· Broadcaster
· International Organization Employee
· Iraqi Who Assisted the U.S. Government
· NATO-6 Nonimmigrant
· Panama Canal Employee
· Physician National Interest Waiver
· Religious Worker
In some cases, you may be able to file the immigrant petition (either a Form I-140 or I-360, depending on your category) at the same time that you file Form I-485, known as “concurrent filing.” For more information, see the “Concurrent Filing” link to left under “Green Card Processes & Procedures.”
If you are not eligible to adjust your status inside the United States to a permanent resident, the immigrant petition will be sent to the U.S. consulate abroad to complete the visa process. In order to apply for a green card, there must be a visa immediately available to you. See the “Visa Availability & Priority Dates” link to left under “Green Card Processes & Procedures”.
For information on coming to the United States for temporary or permanent employment, see the “Working in the U.S.” link to the right.
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Green Card Through Family
Tuesday, March 16, 2010
Many people become permanent residents (get a green card) through family members. The United States promotes family unity and allows U.S. citizens and permanent residents to petition for certain relatives to come and live permanently in the United States. You may be eligible to get a green card through a family member who is a U.S. citizen or permanent resident, or through the special categories described below. For more information on the categories below, see the links to the left.
There are two distinct paths through which you can get your green card. Many family members who are already in the United States may qualify for adjustment of status to permanent residence in the United States, which means they are able to complete their immigrant processing without having to return to their home country. Those relatives outside the United States or those who are not eligible to adjust status in the United States may be eligible for consular processing through a U.S. embassy or consulate abroad that has jurisdiction over their foreign place of residence. For more information on these processes, see the links to the left under “Green Card Processes & Procedures.”
If Your Family Member is a U.S. Citizen
You may be able to get a green card as an immediate relative or as a family member in a preference category if your U.S. citizen relative files a Form I-130, Petition for Alien Relative, for you. For more information on immigrant petitions, see the “Family” link to the right.
· Immediate Relative of a U.S. Citizen
You are an immediate relative of a U.S. citizen if you are:
· The child (unmarried and under 21 years old) of a U.S. citizen
· The spouse (husband or wife) of a U.S. citizen
· The parent of a U.S. citizen (if the U.S. citizen is 21 years or older)
· Family Member of a U.S. Citizen in a Preference Category
You are a family member of a U.S. citizen in a preference category if you are:
· An unmarried son or daughter (21 years or older) of a U.S. citizen
· A married son or daughter (any age) of a U.S. citizen
· A sibling (brother or sister) of a U.S. citizen
If Your Family Member is a Permanent Resident
You may be able to get a green card as a family member in a preference category if your family member filed a Form I-130 on your behalf. For more information on immigrant petitions, see the “Family” link to the right.
· Family member of a permanent resident in a preference category
You are a family member of a permanent resident in a preference category if you are:
· The spouse of a permanent resident
· The child (unmarried and under 21 years old) of permanent resident
· The unmarried son or daughter (21 years or older) of a permanent resident
Green Card Through Special Categories of Family
You may also be eligible to get a green card if you:
· Are a battered child or spouse of a U.S. citizen
· Entered the United States with a K visa as the fiancé(e) or spouse of a U.S. citizen or an accompanying child
· Obtained V nonimmigrant status
· Are a widow(er) of a U.S. citizen
· Are born to a foreign diplomat in the United States
For more information on “Adjustment of Status” and “Consular Processing” see links to left under “Green Card Processes & Procedures.”
There are two distinct paths through which you can get your green card. Many family members who are already in the United States may qualify for adjustment of status to permanent residence in the United States, which means they are able to complete their immigrant processing without having to return to their home country. Those relatives outside the United States or those who are not eligible to adjust status in the United States may be eligible for consular processing through a U.S. embassy or consulate abroad that has jurisdiction over their foreign place of residence. For more information on these processes, see the links to the left under “Green Card Processes & Procedures.”
If Your Family Member is a U.S. Citizen
You may be able to get a green card as an immediate relative or as a family member in a preference category if your U.S. citizen relative files a Form I-130, Petition for Alien Relative, for you. For more information on immigrant petitions, see the “Family” link to the right.
· Immediate Relative of a U.S. Citizen
You are an immediate relative of a U.S. citizen if you are:
· The child (unmarried and under 21 years old) of a U.S. citizen
· The spouse (husband or wife) of a U.S. citizen
· The parent of a U.S. citizen (if the U.S. citizen is 21 years or older)
· Family Member of a U.S. Citizen in a Preference Category
You are a family member of a U.S. citizen in a preference category if you are:
· An unmarried son or daughter (21 years or older) of a U.S. citizen
· A married son or daughter (any age) of a U.S. citizen
· A sibling (brother or sister) of a U.S. citizen
If Your Family Member is a Permanent Resident
You may be able to get a green card as a family member in a preference category if your family member filed a Form I-130 on your behalf. For more information on immigrant petitions, see the “Family” link to the right.
· Family member of a permanent resident in a preference category
You are a family member of a permanent resident in a preference category if you are:
· The spouse of a permanent resident
· The child (unmarried and under 21 years old) of permanent resident
· The unmarried son or daughter (21 years or older) of a permanent resident
Green Card Through Special Categories of Family
You may also be eligible to get a green card if you:
· Are a battered child or spouse of a U.S. citizen
· Entered the United States with a K visa as the fiancé(e) or spouse of a U.S. citizen or an accompanying child
· Obtained V nonimmigrant status
· Are a widow(er) of a U.S. citizen
· Are born to a foreign diplomat in the United States
For more information on “Adjustment of Status” and “Consular Processing” see links to left under “Green Card Processes & Procedures.”
Labels:
America
Green Card (Permanent Residence)
A permanent resident is someone who has been granted authorization to live and work in the United States on a permanent basis. As proof of that status, a person is granted a permanent resident card, commonly called a "green card." You can become a permanent resident several different ways. Most individuals are sponsored by a family member or employer in the United States. Other individuals may become permanent residents through refugee or asylee status or other humanitarian programs. In some cases, you may be eligible to file for yourself.
The steps to become a permanent resident are different for each category and will depend on if you are currently living inside or outside the United States. The main categories are listed below. More information is available in the links to the left.
· Green Card Through Family
How to apply for permanent residence when a family member petitions for you
· Green Card Through a Job
How to apply for permanent residence based on a job offer or employment
· Green Card Through Refugee or Asylum Status
How to apply for permanent residence when you have been granted refugee or asylum status
· Other Ways to Get a Green Card
Learn about the many other ways that you may qualify for permanent residence
If you are unsure which immigration path best fits your particular situation, see the "Green Card Processes & Procedures" link to the left which includes:
· Green Card Eligibility
Learn who can apply for permanent residence
· Adjustment of Status
Learn about the multi-step process for individuals inside the United States that want to get a green card
· Consular Processing
Learn about the multi-step process for individuals outside the United States that want to get a green card
If you are already a permanent resident, see the "After the Green Card Is Granted" link to the left for more information about renewing or replacing your green card, travel outside the United States, your rights and responsibilities as a permanent resident, conditional residency, and more.
The steps to become a permanent resident are different for each category and will depend on if you are currently living inside or outside the United States. The main categories are listed below. More information is available in the links to the left.
· Green Card Through Family
How to apply for permanent residence when a family member petitions for you
· Green Card Through a Job
How to apply for permanent residence based on a job offer or employment
· Green Card Through Refugee or Asylum Status
How to apply for permanent residence when you have been granted refugee or asylum status
· Other Ways to Get a Green Card
Learn about the many other ways that you may qualify for permanent residence
If you are unsure which immigration path best fits your particular situation, see the "Green Card Processes & Procedures" link to the left which includes:
· Green Card Eligibility
Learn who can apply for permanent residence
· Adjustment of Status
Learn about the multi-step process for individuals inside the United States that want to get a green card
· Consular Processing
Learn about the multi-step process for individuals outside the United States that want to get a green card
If you are already a permanent resident, see the "After the Green Card Is Granted" link to the left for more information about renewing or replacing your green card, travel outside the United States, your rights and responsibilities as a permanent resident, conditional residency, and more.
Labels:
America
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