Frequently Asked Questions

How can I enter the U.S. as an academic student?

F-1 Visa

The F-1 Visa (Academic Student) allows you to enter the United States as a full-time student at an accredited college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program. You must be enrolled in a program or course of study that culminates in a degree, diploma, or certificate and your school must be authorized by the U.S. government to accept international students.

STEPS:

The first step is to apply to a SEVP-approved school in the United States. After the SEVP-approved school accepts your enrollment, you will be registered for the Student and Exchange Visitor Information System (SEVIS) and must pay the SEVIS I-901 fee.

PROCEDURE TO APPLY:

The SEVP-approved school will issue you a Form I-20. After you receive the Form I-20 and register in SEVIS, you may apply at a U.S. Embassy or Consulate for a student (F) visa. You must present the Form I-20 to the consular officer when you attend your visa interview.

There are several steps to apply for a visa. The order of these steps and how you complete them may vary by U.S. Embassy or Consulate. Please consult the instructions on the embassy or consulate website.

DOCUMENTS REQUIRED ARE:

  • Passport valid for travel to the United States – Your passport must be valid for at least six months beyond your period of stay in the United States (unless exempt by country specific agreements). Each individual who needs a visa must submit a separate application, including any family members listed in your passport.
  • Nonimmigrant Visa Application, Form DS-160 confirmation page.
  • Application fee payment receipt, if you are required to pay before your interview.
  • Photo – You will upload your photo while completing the online Form DS-160
  • Certificate of Eligibility for Nonimmigrant (F-1) Student Status-For Academic and Language Students, Form I-20: Your school will send you a Form I-20 once they have entered your information in the SEVIS database. You and your school official must sign the Form I-20. All students must be registered in the Student and Exchange Visitor System (SEVIS). Your spouse and/or minor children, if they intend live in the United States with you, will each receive an individual Form I-20.

A consular officer will interview you to determine your qualifications for a student visa, and may request additional documents, such as evidence of:

  • Your academic preparation, such as: Transcripts, diplomas, degrees, or certificates from schools you attended; and Standardized test scores required by your U.S. school;
  • Your intent to depart the United States upon completion of the course of study; and
  • How you will pay all educational, living and travel costs.

PROCEDURES FOR YOUR DEPENDENTS:

Your spouse and unmarried, minor children who intend to reside with you during your study may apply for F-2 visas. If your spouse and/or children intend to live with you in the United States while you study, they must also enroll in SEVIS, obtain individual Form I-20s from the SEVP-approved school, and apply for a visa. Although SEVIS fee payment is not required, your school must issue them an individual Form I-20, which is required to apply for their visas. You must provide a copy of your F-1 visa and provide proof of relationship.

Make sure that your designated school official (DSO) knows that you would like to bring your dependents with you. When you inform the DSO that your dependents will be accompanying you to the United States, the DSO will then issue a Form I-20 for each of your dependents to enter with an F-2 visa.

Important things to note about F-2 dependents:

  • F-2 dependents are in legal immigration status as long as you maintain status, throughout your program of study and any authorized period of OPT after completion.
  • May depart and re-enter the United States with proper documentation.
  • May not work.
  • Are not eligible for Social Security numbers.
  • Children in F-2 status may attend school full time from elementary through 12th grade
  • F-2 dependents can engage in study at an SEVP-certified school in the United States as long as they are enrolled in less than a full course of study.
  • Should obtain an updated Form I-20 from the DSO if any information about you changes.
  • May file for a change of status (via Form I-539, “Application to Extend/Change Nonimmigrant Status”) to F-1 if the adult dependent wants to study full-time.

How can I enter the U.S. as a vocational student?

M-1 Visa

The M-1 visa (Vocational Student) category includes students in vocational or other nonacademic programs, other than language training.

STEPS:

The first step is to apply to a SEVP-approved school in the United States. After the SEVP-approved school accepts your enrollment, you will be registered for the Student and Exchange Visitor Information System (SEVIS) and must pay the SEVIS I-901 fee.

If your spouse and/or children intend to live with you in the United States while you study, they must also enroll in SEVIS, obtain individual Form I-20s from the SEVP-approved school, and apply for a visa (but they do not pay the SEVIS fee).

PROCEDURE TO APPLY:

The SEVP-approved school will issue you a Form I-20. After you receive the Form I-20 and register in SEVIS, you may apply at a U.S. Embassy or Consulate for a student (M) visa. You must present the Form I-20 to the consular officer when you attend your visa interview.

There are several steps to apply for a visa. The order of these steps and how you complete them may vary by U.S. Embassy or Consulate. Please consult the instructions on the embassy or consulate website.

DOCUMENTS REQUIRED ARE:

  • A Nonimmigrant Visa Electronic Application (DS-160) Form.
  • A passport valid for travel to the United States with a validity date at least six months beyond your intended period of stay in the United States
  • One (1) 2 x 2 inches photograph taken within the last six months.
  • Application fee payment receipt, if you are required to pay before your interview.
  • Certificate of Eligibility for Nonimmigrant (M-1) Student Status for Vocational Students, Form I-20: Your school will send you a Form I-20 once they have entered your information in the SEVIS database. You and your school official must sign the Form I-20. All students must be registered in the Student and Exchange Visitor System (SEVIS). Your spouse and/or minor children, if they intend live in the United States with you, will each receive an individual Form I-20.

A consular officer will interview you to determine your qualifications for a student visa, and may request additional documents, such as evidence of:

  • Your academic preparation, such as: Transcripts, diplomas, degrees, or certificates from schools you attended; and Standardized test scores required by your U.S. school.
  • Your intent to depart the United States upon completion of the course of study; and
  • How you will pay all educational, living and travel costs.

PROCEDURES FOR YOUR DEPENDENTS:

Your spouse and unmarried, minor children who intend to reside with you during your study may apply for M-2 visas. If your spouse and/or children intend to live with you in the United States while you study, they must also enroll in SEVIS, obtain individual Form I-20s from the SEVP-approved school, and apply for a visa. Although SEVIS fee payment is not required, your school must issue them an individual Form I-20, which is required to apply for their visas. You must provide a copy of your M-1 visa and provide proof of relationship.

Important things to note about M-2 dependents:

  • M-2 dependents are in legal immigration status as long as you maintain status.
  • May depart and re-enter the United States with proper documentation.
  • May not work.
  • Are not eligible for Social Security numbers.
  • Children in M-2 status may attend school full time from elementary through 12th grade.
  • M-2 dependents can engage in study at an SEVP-certified school in the United States as long as they are enrolled in less than a full course of study. Alternatively, they may enroll in a full course of study, but must then qualify to do so and change of status to an M-1/J-1 [may not change status to F-1].

How can I enter the U.S. to work in a specialty occupation?

H-1B Visa

The laws regarding the H-1B visa are in constant flux and applicants seriously considering this category as a means of working in the US on a temporary basis should stay informed and updated as much as possible. Since an applicant’s circumstances and the circumstances of his/her dependent family members may require special attention, the following information is not tailored to any one individual but provides general information about this category.

The H-1B visa allows foreign workers to enter the US and work in a variety of fields ranging from architecture and engineering to health and medicine. The H-1B visa offers a wide range of employment possibilities and is a logical first step toward permanent immigration.

In order to qualify for H-1B classification, the applicant must have at least a U.S. bachelor’s degree or its equivalent in the specific specialty for which you seek employment AND the position requires 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.

The spouse and unmarried children below the age of 21 are allowed to accompany or join the H-1B worker as H-4 dependents. However, they cannot work unless they qualify for a work visa. H-4 dependents can enroll and attend schools in the U.S. without obtaining a student visa.

STEPS

Since the H-1B visa requires a U.S. sponsor, the applicant must seek a U.S. employer who is willing to hire the applicant temporarily, pay the applicant the prevailing wage for the offered position and file the petition and supporting documents with the USCIS.

The petition process begins with the sponsoring employer filing a Labor Condition Application (LCA) with the Department of Labor. Upon obtaining a certified LCA the employer files the petition with USCIS. The petition must be filed with documentation that shows the job is a professional or specialty occupation and that the H-1B applicant is qualified for the position.

The sponsoring employer must file Form I-129 (Petition for Non-immigrant worker) with the USCIS office having jurisdiction over the place of employment. The base filing fee for an H-1B petition is $460. Additional fees apply (i.e., ACWIA, Fraud Prevention and Detection).

If either the employer or the applicant wishes to expedite the H-1B petition so an initial determination is made within 15 days of the filing, it may request premium processing for an additional fee of $2,500. The request is made by completing Form I-907.

After approval, Immigration will send Form I-797 (Notice of Action) to the employer. The employer then notifies the applicant and sends all the required documents to the applicant who can then apply for his H-1B visa at the U.S. consulate in his home country.

DOCUMENTS

Both the applicant and the employer are required to submit documents for the H-1B visa.

The applicant is required to submit the following documents when applying for an H-1B visa abroad:

  • A Nonimmigrant Visa Electronic Application (DS-160) Form.
  • A passport valid for travel to the United States with a validity date at least six months beyond your intended period of stay in the United States
  • One (1) 2 x 2 inches photograph taken within the last six months.
  • Form I-797, Notice of Action from USCIS with the receipt number of your approved petition.
  • Additional documentation may be required depending on the U.S Embassy or Consulate.

If you are a first-time visa applicant, you may save time by taking the following documents to your interview:

  • Evidence that establishes your job qualifications, including any university diplomas (academic evaluations).
  • Original letters from current and previous employers detailing your position and projects you worked on and how long you worked with your employers.
  • If you will be assigned to a client site, letters from the client and any intermediate vendor(s) confirming your services are expected
  • If you are currently working and holding H-1B status, you should bring:
    • Pay slips from your current or most recent place of employment

Visa fees associated with obtaining the H-1B visa vary from country to country. Please visit the website for the U.S. Consulate/Embassy at which the H-1B visa is being applied for.

What is the process underlying the hiring of foreign agricultural workers?

H-2A Visa

H-2A visas are for foreign workers seeking to enter the U.S. to perform agricultural labor or agricultural services of a temporary or seasonal nature.

To qualify for H-2A nonimmigrant classification, the petitioner must:

  • Offer a job that is temporary or seasonal.
  • Demonstrate that there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.
  • Show that prospective employees are nationals of an H-2A eligible country.
  • Show that employing H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers and
  • Submit a valid temporary labor certification from the U.S. Department of Labor. (A limited exception to this requirement exists in certain “emergent circumstances.” See 8 CFR 214.2(h)(5)(x) for specific details.)
  • H-2A beneficiaries may stay in the United States for up to three years.

STEPS

  • Step 1: Petitioner submits temporary labor certification application to the U.S. Department of Labor (DOL). Before requesting H-2A classification from USCIS, the petitioner must apply for and receive a temporary labor certification for H-2A workers from DOL. For further information regarding the temporary labor certification requirements and process, see the Foreign Labor Certification, Department of Labor Web page.
  • Step 2: Petitioner submits Form I-129 to USCIS. After receiving a temporary labor certification for H-2A employment from DOL, the petitioner must file Form I-129 with USCIS. With limited exceptions, the petitioner must submit original temporary labor certification as initial evidence with Form I-129.
  • Step 3: Prospective workers outside the United States apply for visa and/or admission. After USCIS approves Form I-129, prospective H-2A workers who are outside the United States must:
    • Apply for an H-2A visa with the U.S. Department of State (DOS) at a U.S. Embassy or Consulate abroad and then seek admission to the United States with U.S. Customs and Border Protection (CBP) at a U.S. port of entry; or
    • Directly seek admission to the United States in H-2A classification with CBP at a U.S. port of entry, if a worker does not require a visa in cases where an H-2A visa is not required.

How do I fill a temporary need for foreign workers?

H-2B Visa

The H-2B visa is for individuals who will be performing temporary nonagricultural services or labor

To qualify for H-2B nonimmigrant classification, the petitioner must establish that:

  • There are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work,
  • The prospective employees are nationals of an H-2B eligible country.
  • Employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers, and
  • Its need for the prospective worker’s services or labor is temporary, regardless of whether the job can be described as temporary. The employer’s need is considered temporary if it is a:
    • One-time occurrence
    • Seasonal need
    • Peakload need
    • Intermittent need
  • H-2B petitioners must also provide a single valid temporary labor certification from DOL or, in the case where the workers will be employed on Guam, from the GUAM DOL.
  • H-2B workers may stay in the United States for up to three years.

STEPS

  • Step 1: Petitioner submits temporary labor certification application to DOL. Before requesting H-2B classification from USCIS, the petitioner must apply for and receive a temporary labor certification for H-2B workers with the U.S. Department of Labor (or Guam DOL if the employment will be in Guam).
  • Step 2: Petitioner submits Form I-129 to USCIS. After receiving a temporary labor certification for H-2B employment from either DOL or Guam DOL (if applicable), the petitioner must file Form I-129 with USCIS. With limited exceptions, the petitioner must submit the original temporary labor certification with Form I-129.
  • Step 3: Prospective workers outside the United States apply for visa and/or admission. After USCIS approved Form I-129, prospective H-2B workers who are outside the United States must:
    • Apply for an H-2B visa with the U.S. Department of State (DOS) at a U.S. Embassy or Consulate abroad and then seek admission to the United States with U.S. Customs and Border Protection (CBP) at a U.S. port of entry; or
    • Directly seek admission to the United States in H-2B classification with CBP at a U.S. port of entry in cases where an H-2B visa is not required.

How can I receive training in the U.S.?

H-3 Visa

The H-3 category is for temporary workers invited by an individual or organization for purposes of receiving instruction and training “in any field of endeavor … other than graduate medical education or training.” The training program must be one “that is not designed primarily to provide productive employment.”

The H-3 category allows aliens to come temporarily to the United States as either a Trainee or Special Education Exchange Visitor.

  • Trainee must be invited by an individual or organization for the purpose of receiving training, in any field including but not limited to: agriculture, commerce, communications, finance, government, transportation, and other professions. This classification is not intended for U.S. employment. It is designed to provide an alien with job-related training for work that will ultimately be performed outside the United States.
    • In order to obtain H-3 classification, a U.S. employer or organization must demonstrate that: The proposed training is not available in the alien’s native country; The alien will not be placed in a position which is in the normal operation of the business and in which U.S. citizens and resident workers are regularly employed; The alien will not engage in productive employment unless such employment is incidental and necessary to the training; and The training will benefit the beneficiary in pursuing a career outside the United States.
  • Special Education Exchange Visitor: There is a numerical limit (or “cap”) on the number of H-3 special education exchange visitors. No more than 50 may be approved in a fiscal year.
    • A petition requesting an H-3 “special education exchange visitor” must be filed by a facility which has professionally trained staff and a structured program for providing education to children with disabilities, and for providing training and hands-on experience to participants in the special education exchange visitor program

How can I transfer employees to a U.S. operation?

L-1 Visa

Businesses that function both in the United States and in their home country gain the benefits of the best of both areas. The L-1 visa is open to international organizations with offices in the U.S., and who transfer employees to the U.S office for temporary periods of time. This visa is sometimes referred to as the ‘intra-company transferee’ visa.

To obtain an L-1 visa, you must be able to prove that you have worked for the non-U.S. company for at least one full year within the last three years as an executive, manager or employee with specialized knowledge. The L-1 visa enables the transfer of managers, executives and specialized knowledge personnel to a U.S. office, subsidiary or affiliated company. This visa comes in the following categories:

  • L-1A visas – for executives and managers
  • L-1B visas – for personnel with specialized knowledge.

Your spouse and unmarried children under the age of 21 are allowed to join you in the U.S., under L-2 status. The L-2 spouse is allowed to work provided that s/he first obtains employment authorization from the USCIS. L-2 spouse as well as L-2 children can attend school or college. Servants may be eligible for a B-1 visa with work authorization.

STEPS

The employer must file a petition with the USCIS Regional Service Center with jurisdiction over the location of the position. These documents should be photocopies of the originals. The L-1 petition can be premium processed which means that if an additional fee of $2,5000 is paid on top of the filing fee of $460 and the fraud prevention and detection fee of $500, the petition will be adjudicated within 15 days of being filed with the USCIS.

The USCIS may request additional documents prior to either approving or denying the case. If it is a premium processing case, the request for additional documents or information must come within the 15 days. You will then have 12 weeks to respond.

Once approved, the USCIS will forward the petition to the U.S. Consulate nearest your place of residence for review. If you are not in the U.S. when your petition is approved, you must get your visa stamped at the U.S. Consulate before being allowed to enter the U.S. Your employer will receive Form I-797, notice of approval. After receipt of the I-797, you must then file-in Form DS-160 at the Consulate. If approved, your visa will be valid for 3 years.

Blanket Petition: A blanket petition eases the process of getting the L-1 visa. If a company has been defined as a blanket petition entity by USCIS, the company can directly authorize L-1 visas to eligible employees.

DOCUMENTS

To apply for an L-1 Visa, you must supply the following documents:

  • A Nonimmigrant Visa Electronic Application (DS-160) Form.
  • A passport valid for travel to the United States with a validity date at least six months beyond your intended period of stay in the United States
  • One (1) 2 x 2 inches photograph taken within the last six months.
  • Form I-797, Notice of Action from USCIS with the receipt number of your approved petition.
  • Your petition should show that both the U.S. and foreign-based company meet USCIS requirements for L-1 status. The U.S. entity should be a branch office, subsidiary or affiliate of the foreign enterprise, and both companies should be actively engaged in business.
  • Additional documentation may be required depending on the U.S Embassy or Consulate.

The following documents may also be required:

  • Evidence establishing the existence of the qualifying relationship between the U.S. and foreign employer based on ownership and control, such as: an annual report, articles of incorporation, financial statements, or copies of stock certificates; and evidence that the Petitioner is or will be doing business as an employer in the U.S. and in at least one other country for the duration of the beneficiary’s stay in the U.S. as an intracompany transferee.
  • Evidence of the beneficiary’s employment for the required one year abroad in, as applicable, a managerial, executive, or specialized knowledge capacity. Such evidence may include, but is not limited to, a letter from the beneficiary’s foreign qualifying employer detailing his or her dates of employment, job duties, and qualifications, along with supporting documentary evidence; and
  • A description of the proposed job duties and qualifications, and evidence showing that the proposed employment is in an executive, managerial, or specialized knowledge capacity.

You, the employee, should provide the following documents:

  • A resume or curriculum vitae.
  • Copies of passports for family members joining you.
  • Proof of education: degrees, transcripts, etc.
  • Reference letters from former employers.
  • Professional licenses, if applicable.

If you are coming to the U.S. to start a new office, you should also provide the following documents:

  • Sufficient physical premises to house the new office has been secured. Proof of a building or location for the new office. A lease will work for this.
  • Proof of your relationship with the foreign entity.
  • Proof of financial resoluteness. You must show that you can pay your U.S. employees and handle any other business costs.

How can a religious worker enter the U.S.?

R-1 Visa

R-1 Visas are available to a nonimmigrant who is coming to the United States temporarily to work at least part time (an average of at least 20 hours per week) as a minister or in a religious vocation or occupation and be employed by a:

  • Non-profit religious organization in the United States;
  • Religious organization that is authorized by a group tax exemption holder to use its group tax exemption; or
  • Non-profit organization which is affiliated with a religious denomination in the United State

Ministers are defined as individuals who are duly authorized by the religious denomination to which they belong and are fully trained according to the denomination’s standards to conduct religious worship and other duties usually performed by the clergy.

Religious vocation is defined as a formal lifetime commitment, through vows, investitures, ceremonies, or similar indications, to a religious way of life. The religious denomination must have a class of individuals whose lives are dedicated to religious practices and functions, as distinguished from the secular members of the religion. Examples of vocations include nuns, monks and religious brothers and sisters.

The spouse and/or unmarried children under 21 years of age may be granted derivative status to enter the U.S. They are not authorized to work while in the U.S. but may attend school.

Nonimmigrant religious workers must maintain the intent to depart the United States when their nonimmigrant stay expires

STEPS

The petitioning organization files an I-129 petition along with supporting documentation with the USCIS. Under the regulations, USCIS may conduct a pre-approval inspection. In that case, successfully completing the inspection will be a condition for USCIS approving your petition. The religious organization must provide the physical address where you will work so USCIS may conduct a pre-approval site inspection, even if that address is not the same as the mailing address.

Once the petition has been approved, the Beneficiary of the approved petition applies for the R-1 Visa at the US Embassy or Consulate with jurisdiction over the place of his/her permanent residence.

DOCUMENTS

To get a list of documents that must be submitted at the time of interview, please visit the website for the U.S. Consulate where the visa application is being submitted.

Where can I get more information about the North American Free Trade Agreement (NAFTA)?

TN Visa

Under the North American Free Trade Agreement (NAFTA), certain citizens of Canada and Mexico are eligible to enter the US under the nonimmigrant TN status. The TN Visa enables Canadian and Mexican citizens to temporarily work in U.S. in a NAFTA-approved professional occupation.

Among the types of professionals who are eligible to seek admission as TN nonimmigrants are accountants, engineers, lawyers, pharmacists, scientists, and teachers. You may be eligible for TN nonimmigrant status, if:

  • You are a citizen of Canada or Mexico;
  • Your profession qualifies under the regulations;
  • The position in the United States requires a NAFTA professional;
  • You have a prearranged full-time or part-time job with a U.S. employer (but not self-employment – see documentation required below); and
  • You have the qualifications to practice in the profession in question.

Spouses and/or unmarried children under the age of 21 are eligible to enter the U.S. under the derivative TD visas. However, spouses and children are not permitted to work while in the United States, but they are permitted to study. Family members are not required to be Canadian or Mexican citizens, and are eligible to remain in the U.S. for the duration of the TN Visa holder’s stay. They may either accompany the TN Visa holder to the U.S. or come at a later time.

STEPS

Canadian applicants may apply for the TN Visa either at a port of entry or at a preclearance station and must provide the following information:

  • Proof of Canadian citizenship.
  • An offer of employment letter from the sponsoring employer detailing the duties to be performed.
  • Copies of all relevant college degrees and employment records. This data should prove the applicant is sufficiently qualified for the proposed position.
  • A processing fee of $160

Mexican citizens must apply for the TN visa at a U.S. Consulate and must provide the following information:

  • A Nonimmigrant Visa Electronic Application (DS-160) Form.
  • A passport valid for travel to the United States with a validity date at least six months beyond your intended period of stay in the United States
  • An offer of employment letter from the sponsoring employer detailing the duties to be performed.
  • Copies of all relevant college degrees and employment records. This data should prove the applicant is sufficiently qualified for the proposed position.
  • A processing fee of $160

How can an individual with extraordinary abilities enter the U.S.?

O-1 Visa

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, to enter the U.S. for temporary periods of time.

  • Extraordinary ability in the fields of science, education, business or athletics means a level of expertise indicating that you are one of the small percentage who have arisen to the very top of the field.
  • Extraordinary ability in the field of arts means distinction. Distinction means a high level of achievement in the field of the arts. This is evidenced by a degree of skill and recognition substantially above that ordinarily encountered, to the extent that you are prominent, renowned, leading, or well-known in the field of arts.
  • To qualify for an O-1 visa in the motion picture or television industry, you must demonstrate extraordinary achievement. This is evidenced by a degree of skill and recognition significantly above that ordinarily encountered, to the extent that you are recognized as outstanding, notable or leading in the motion picture and/or television field.

Your spouse and unmarried children under the age of 21 may join you in the US under O-3 status. While they may not work while in the U.S., family members are allowed to attend school.

STEPS

The O-1 Visa must be petitioned by a U.S. employer, U.S. agent or foreign employer through a U.S. agent. Your petitioner should file the Form I-129 with the USCIS having jurisdiction over the state in which you intend to work. The form should be filed at least six months before you plan to begin working.

Consultation: The Petitioner must provide a written advisory opinion from a peer group (including labor organizations) or a person with expertise in the beneficiary’s area of ability. If the O-1 petition is for an individual with extraordinary achievement in motion picture or television, the consultation must come from an appropriate labor union and a management organization with expertise in the beneficiary’s area of ability.

Exceptions to the Consultation Requirement: If your employer or agent can demonstrate that an appropriate peer group, including a labor organization, does not exist, then we will base our decision on the evidence they submit in support of the Form I-129.

Contract between petitioner and beneficiary: The Petitioner must submit a copy of any written contract between you and the petitioner or a summary of the terms of the oral agreement under which you will be employed.

Evidence demonstrating O-1 Eligibility: The petitioner must provide evidence demonstrating your extraordinary ability in the sciences, arts, business, education, or athletics, or extraordinary achievement in the motion picture industry. The record must include at least three different types of documentation corresponding to those listed in the regulations, or comparable evidence in certain circumstances, and the evidence must, as a whole, demonstrate that you meet the relevant standards for classification.

DOCUMENTS FOR O-1 VISA

Applicants must provide the following documents:

  • A Nonimmigrant Visa Electronic Application (DS-160) Form.
  • A passport valid for travel to the United States with a validity date at least six months beyond your intended period of stay in the United States
  • One (1) 2 x 2 inches photograph taken within the last six months.
  • Form I-797, Notice of Action from USCIS with the receipt number of your approved petition.
  • Additional documentation may be required depending on the U.S Embassy or Consulate.

Your petitioner must also include the following documents:

  • Your resume/CV and educational history. Proof of your eligibility. Evidence that proves you have received recognition or awards in your field.
  • Printed documents by previous employers or experts in your field that show your level of achievement in your field.
  • Employer financial information.
  • A letter from your employer detailing the work you intend to perform while in the U.S.

How can support personnel of people with extraordinary abilities enter the U.S.?

O-2 Visa

O-2 visas are offered to individuals accompanying an athlete or member of the entertainment industry to assist in a specific event or performance. To qualify you must be an integral part of the performance or essential to the production and have critical skills and experience with the O-1 that cannot be readily performed by a U.S. worker.

Your spouse and unmarried children under the age of 21 are permitted to accompany you to the United States, under an O-3 status. The petitioner should file a petition on their behalf. Your dependents must prove immediate relation to you. Though they are not allowed to work while in the U.S., dependents may attend school or college.

STEPS

The O-2 Visa must be petitioned by a U.S. employer, U.S. agent or foreign employer through a U.S. agent. Your petitioner should file a Form I-129 with the USCIS having jurisdiction over the state in which you intend to work. The form should be filed at least six months before you plan to begin working. More than one O-2 application may be included on the same petition, if all parties are helping the same O-1 applicant for the same events or performances, during the same period of time and at the same location.

DOCUMENTS

Applicants must provide the following documents at the U.S. Consulate when applying for the O-2 Visa:

  • A Nonimmigrant Visa Electronic Application (DS-160) Form.
  • A passport valid for travel to the United States with a validity date at least six months beyond your intended period of stay in the United States
  • One (1) 2 x 2 inches photograph taken within the last six months.
  • Form I-797, Notice of Action from USCIS with the receipt number of your approved petition.
  • Establishment of the demonstration of nonimmigrant intent. You must prove that you will return to your home country.
  • An official agreement between you and the petitioner detailing the terms and conditions of the services.
  • An agreement between you and the O-1 visa holder that proves your professional relationship.
  • Proof of a previous professional relationship with the O-1 visa holder.
  • Proof that you are capable of assisting the O-1 visa holder.

How can entertainers, artists or athletes enter the U.S.?

P-1 Visa

Artists and athletes are an essential portion of healthy cultural exchange. The global community benefits greatly from the work of each country’s greatest thinkers and performers. P-1 visas are issued to Members of an Internationally Recognized Entertainment Group and Internationally Recognized Athletes who wish to work in the U.S.

Outstanding athletes may apply for this visa in order to compete in the U.S., either as individuals or as members of an internationally recognized athletic team.

Entertainment groups with an outstanding international reputation can be granted P-1 classification as a unit; however individual entertainers within these groups cannot apply for separate visas.

Your spouse and unmarried children under the age of 21 are permitted to accompany you to the United States, under a P-4 status. P-4 visa holders are not allowed to work but may attend schools or colleges. Servants of a P-1 visa holder may receive a B-1 visa with work authorization.

STEPS

Your employer must forward all necessary documents and evidence along with Form I-129 to the USCIS branch with jurisdiction over the area where you plan to perform. A U.S. agent may also file a petition for workers who are self-employed, use agents to book short-term engagements with many different employers or in situations where foreign employer(s) authorize the use of an agent to act on their behalf. This agent may be the employer of the performer, a representative of the employer or a person authorized to act on behalf of the employer.

DOCUMENTS

For the P-1 Visa, you must provide the following documents:

  • A Nonimmigrant Visa Electronic Application (DS-160) Form.
  • A passport valid for travel to the United States with a validity date at least six months beyond your intended period of stay in the United States
  • One (1) 2 x 2 inches photograph taken within the last six months.
  • Form I-797, Notice of Action from USCIS with the receipt number of your approved petition.
  • Proof that you are recognized in your field. This may include awards, citations and certificates.
  • Athletes and entertainment groups may be asked to provide further documentation.

How can artists or entertainers involved in an exchange program enter the U.S.?

P-2 Visa

Artists and athletes are an essential portion of healthy cultural exchange. The global community benefits greatly from the work of each country’s greatest thinkers and performers. P-2 Visas are issued to troupes or bands entering the U.S. through a government recognized reciprocal exchange program. There should be two organizations involved in this exchange program: one in the US and one abroad. In addition, you must possess skills comparable to those of the United States artists and entertainers taking part in the program outside the United States.

At the present time, five P-2 reciprocal agreements have been negotiated between the following organizations:

  • The American Federation of Musicians (U.S.) and the American Federation of Musicians (Canada);
  • Actor’s Equity Association (U.S.) and the Canadian Actors’ Equity Association;
  • Actor’s Equity Association (U.S.) and the British Actors’ Equity Association;
  • The International Council of Air Shows and the Canadian Air Show Association.
  • The Alliance of Canadian Cinema Television and Radio Artists (ACTRA) and the Screen Actor Guild – American Federation of Television and Radio Artists (SAG-AFTRA).

Your spouse and unmarried children under the age of 21 are permitted to accompany you to the United States, under a P-4 status. P-4 visa holders are not allowed to work without being granted permission.

STEPS

Either the U.S. labor group that negotiated the exchange agreement, the sponsoring organization or the U.S. employer must file the petition. The petition should be filed to the U.S Consular office or U.S. Embassy, or to the branch of the USCIS with jurisdiction over the location where the troupe/band plans to perform. The application forms and relevant documents may be mailed or submitted in person.

A U.S. agent may also file a petition for workers who are self-employed, use agents to book short-term engagements with many different employers or in situations where foreign employer(s) authorize the use of an agent to act on their behalf. This agent may be the employer of the performer, a representative of the employer or a person authorized to act on behalf of the employer.

DOCUMENTS

For the P-2 Visa, you must provide the following documents:

  • A Nonimmigrant Visa Electronic Application (DS-160) Form.
  • A passport valid for travel to the United States with a validity date at least six months beyond your intended period of stay in the United States
  • One (1) 2 x 2 inches photograph taken within the last six months.
  • Additional documentation may be required depending on the U.S Embassy or Consulate.

The petitioner must also provide documents that prove that the troupe/band are eligible for the visa. These documents include:

  • Proof that all people involved in the program are artists or entertainers with talent.
  • An official letter from the sponsor(s) noting the details of the exchange program.
  • Proof that a labor organization mediated over the program.
  • An official affidavit that confirms the existence of the exchange program between the US and a foreign country.

How can art educators enter the U.S.?

P-3 Visa

For a P-3 visa, you must be coming to the United States either individually or as a group for the purpose of developing, interpreting, representing, coaching, or teaching a unique or traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation. In addition, you must be coming to the United States to participate in a cultural event or events which will further the understanding or development of your art form. The program may be of a commercial or noncommercial nature.

The spouse and unmarried children under the age of 21 are permitted to accompany the P-3 to the United States, under a P-4 status. P-4 visa holders are not allowed to work but may attend schools or colleges.

STEPS

The sponsor must forward all necessary documents along with Form I-129 to the USCIS branch with jurisdiction over the area where you plan to perform. A U.S. agent may file a petition for workers who are self-employed, use agents to book short-term engagements with many different employers or in situations where foreign employer(s) authorize the use of an agent to act on their behalf. This agent may be the employer of the performer, a representative of the employer or a person authorized to act on behalf of the employer.

DOCUMENTS

For the P-3 Visa, you must provide the following documents:

  • A Nonimmigrant Visa Electronic Application (DS-160) Form.
  • A passport valid for travel to the United States with a validity date at least six months beyond your intended period of stay in the United States
  • One (1) 2 x 2 inches photograph taken within the last six months.
  • Additional documentation may be required depending on the U.S Embassy or Consulate.

The following are also required:

  • Written consultation from an appropriate labor organization.
  • A copy of the contract between the petitioner and the beneficiary or the summary of the terms of an oral agreement between the petitioner and the beneficiary.
  • An explanation of the event and itinerary.
  • Affidavits, testimonials or letters from recognized experts attesting to the authenticity of your or your group’s skills in performing, presenting, coaching, or teaching the unique and traditional art forms and giving the credentials of the expert including the basis of his or her knowledge of your or your group’s skills; OR documentation that your or your group’s performance is culturally unique as evidenced by reviews in newspapers, journals or other published materials.
  • Documentation that all of the performances or presentations will be culturally unique events.

What is the best way to enter the U.S. to engage in a business venture?

B-1 Visa

Everybody knows the U.S. is the best place to engage in business and the best way to temporarily visit the U.S. to deal with your business venture is under B-1 status. You may be eligible for a B-1 visa if you will be participating in business activities of a commercial or professional nature in the United States, including, but not limited to:

  • Consulting with business associates
  • Traveling for a scientific, educational, professional or business convention, or a conference on specific dates
  • Settling an estate
  • Negotiating a contract
  • Participating in short-term training
  • Transiting through the United States: certain persons may transit the United States with a B-1 visa
  • Deadheading: certain air crewmen may enter the United States as deadhead crew with a B-1 visa

STEPS

You may apply for a B-1 visa at the U.S. Embassy or Consulate in your region or nation. We recommend you do not apply at a U.S. Consular Office outside of your permanent residence, since that process is more difficult. You can apply at the Consular Office of the Embassy or Consulate General nearest to your residence.

DOCUMENTS

To apply for a B-1 Visa, you must provide the following documents:

  • A Nonimmigrant Visa Electronic Application (DS-160) Form.
  • A passport valid for travel to the United States with a validity date at least six months beyond your intended period of stay in the United States
  • One (1) 2 x 2 inches photograph taken within the last six months.
  • Additional documentation may be required depending on the U.S Embassy or Consulate.

You may also be asked to provide the following documents:

  • Evidence backing up the purpose of your trip. You may show a letter sent by the company explaining the purpose and length of the trip.
  • Specific and realistic plans describing why you wish to visit the U.S.
  • Information about the company, like a company brochure or catalog.
  • Demonstration of non-immigrant intent. A good example of this is round-trip air tickets.
  • A letter which states that either the firm intends to pay for all cost, or that you have other funds for this trip.
  • Evidence of your position in the company and remuneration.

What is the ideal tourist visa?

B-2 Visa

The B-2 visa is the ideal entry pass for tourists interested in seeing the many splendorous sites of the U.S. The B-2 Visa is issued for pleasure trips for a brief period of time, and may also be granted to spouses, children and parents of B-1 Visa holders.
If the purpose of the planned travel is recreational in nature, including tourism, visiting friends or relatives, rest, or is related to medical treatment, activities of a fraternal, social, or service nature, or participation by amateurs who will receive no remuneration in musical, sports and similar events or contests, then a visitor visa would be the appropriate type of visa for the travel.

STEPS

You may apply for a B-2 visa at the U.S. Embassy or Consulate in your region or nation. We recommend you do not apply at a U.S. Consular Office outside of your permanent residence, since that process is more difficult. You can apply at the Consular Office of the Embassy or Consulate General nearest your residence.

DOCUMENTS

To apply for a B-2 Visa, you must supply the following documents:

  • A Nonimmigrant Visa Electronic Application (DS-160) Form.
  • A passport valid for travel to the United States with a validity date at least six months beyond your intended period of stay in the United States
  • One (1) 2 x 2 inches photograph taken within the last six months.
  • Additional documentation may be required depending on the U.S Embassy or Consulate.

You may also be asked to provide the following documents:

  • Evidence showing the purpose of your trip. You may also show letters from relatives or friends that you intend to visit.
  • If you are traveling to the U.S. for medical purposes, you should have a statement from a doctor or medical institution about your treatment.
  • A copy of a tour itinerary.
  • Proof of your intention to leave the U.S. after a temporary visit. Round-trip air tickets will show intent to return to your home country.
  • Proof those arrangements have been made to cover the cost of your trip. An affidavit of support may be required.
  • If you do not have enough funds to support yourself while in the U.S., you must provide evidence that an interested person will provide support.

What is the visa classification for ‘treaty traders’?

E-1 Visa

U.S. immigration policy supports investors and foreign commerce in a variety of ways. The E-1 visa is one method for ensuring healthy commerce with the world. The E-1 Visa is issued to individuals known as “Treaty traders”. A treaty trader is defined as a national of a country with which the U.S. 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.

Your spouse and children may join you under the same status. Your employees, or the employees of your treaty company, may also receive E-1 visas.

STEPS

You may apply for an E-1 visa at a U.S. Consulate in your country. We recommend you do not apply at a U.S. Consular Office outside of your permanent residence, since that process is more difficult.

DOCUMENTS

To apply for an E-1 Visa, you must supply the following documents:

  • A Nonimmigrant Visa Electronic Application (DS-160) Form.
  • A passport valid for travel to the United States with a validity date at least six months beyond your intended period of stay in the United States
  • One (1) 2 x 2 inches photograph taken within the last six months.
  • Form DS-156 for all E-1 Treaty trader visa applicant and E-2 treaty investor visa applicants, if you are an Executive/ Manager/ Essential Employee;
  • To qualify for E-1 visa:
    • The trading firm for which you plan to come to the United States must have the nationality of the treaty country, meaning persons with the treaty country’s nationality must own at least 50 percent of the enterprise.
    • The international trade must be substantial, meaning that there is a sizable and continuing volume of trade.
    • More than 50 percent of the international trade involved must be between the United States and the treaty country.
    • Trade means the international exchange of goods, services, and technology. Title of the trade items must pass from one party to the other.
    • You must be an essential employee, employed in a supervisory or executive capacity, or possess highly specialized skills essential to the efficient operation of the firm. Ordinary skilled or unskilled workers do not qualify

What is the visa classification for ‘treaty investors’?

E-2 Visa

U.S. immigration policy supports investors and foreign commerce in a variety of ways. The E-2 visa is one way the U.S. ensures healthy commerce with the world. The E-2 visa is issued to individuals known as “treaty investors”. A treaty investor is defined as a national of a country with which the U.S. maintains a treaty of commerce and navigation, or with which U.S. maintains a qualifying international agreement, or which has been deemed a qualifying country by legislation) to be admitted to the U.S. when investing a substantial amount of capital in a U.S. business.

Your spouse and/or children under the age of 21 may accompany you under E-2 status. Your employees may also be eligible for the E-2 Visa.

STEPS

You may apply for an E-2 visa at a U.S. Consulate in your country. We recommend you do not apply at a U.S. Consular Office outside of your permanent residence, since that process is more difficult.

DOCUMENTS

To apply for an E-2 Visa, you must supply the following documents:

  • A Nonimmigrant Visa Electronic Application (DS-160) Form.
  • A passport valid for travel to the United States with a validity date at least six months beyond your intended period of stay in the United States
  • One (1) 2 x 2 inches photograph taken within the last six months.
  • To qualify for E-2 visa:
    • The investor, either a person, partnership or corporate entity, must have the citizenship of a treaty country.
    • If a business, at least 50 percent of the business must be owned by persons with the treaty country’s nationality.
    • The investment must be substantial, with investment funds or assets committed and irrevocable. It must be sufficient to ensure the successful operation of the enterprise.
    • The investment must be a real operating enterprise, an active commercial or entrepreneurial undertaking. A paper organization, speculative or idle investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment.
    • It must generate significantly more income than just to provide a living to you and family, or it must have a significant economic impact in the United States.
    • You must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with the assets of the investment enterprise are not allowed.
    • You must be coming to the United States to develop and direct the enterprise. If you are not the principal investor, you must be considered an essential employee, employed in a supervisory, executive, or highly specialized skill capacity. Ordinary skilled and unskilled workers do not qualify.

I am an exchange visitor. What visa should I apply for?

J-1 Visa

The J-1 visa is designed to provide educational and cultural exchange programs, and to promote the sharing of individuals, knowledge and skills in education, arts and sciences. This visa enables people to participate in exchange visitor programs in the United States. Participants in this visa include students, trainees involved in on-the-job training, teachers engaged in research and teaching and international visitors interested in traveling, researching, consulting and demonstrating specific knowledge. Your spouse and/or unmarried children under the age of 21 may apply for entry under J-2 status.

STEPS

You should apply for a J-1 Visa at the U.S. Embassy or Consulate with jurisdiction over your place of permanent residence. While you may apply at any U.S. consular office abroad, it is advisable to apply within your jurisdiction. Participants in the J exchange program should present a Form DS-2019, Certificate of Eligibility for Exchange Visitor Status, (formerly known as an IAP-66), prepared by a designated sponsoring organization.

DOCUMENTS

The following documents are required for the J-1 Visa:

  • A Nonimmigrant Visa Electronic Application (DS-160) Form.
  • A passport valid for travel to the United States with a validity date at least six months beyond your intended period of stay in the United States
  • One (1) 2 x 2 inches photograph taken within the last six months.
  • Form DS-2019, Certificate of Eligibility for Exchange Visitor Status, (formerly known as an IAP-66).
  • Additional documentation may be required depending on the U.S Embassy or Consulate.

You must also demonstrate that you have binding ties in your home country which you have no intention of abandoning, and that you are coming to the United States for a temporary period of time.

I am an exchange visitor interested in receiving training in the U.S. What visa should I apply for?

Q-1 Visa

The Q-1 international cultural exchange program provides practical training, employment and the sharing of the history, culture, and traditions of the participant’s home country in the United States. This visa enables individuals to participate in exchange visitor programs in the United States.

STEPS

You should apply for a Q-1 Visa at the U.S Embassy or Consulate with jurisdiction over your place of permanent residence. While you may apply at any U.S. consular office abroad, it is advised you apply within your jurisdiction. Participants in the Q exchange program must have the designated sponsoring organization file Form I-129, Petition for Nonimmigrant Worker, with the USCIS. The USCIS will then inform the sponsor on Form I-797 when the petition is approved.

DOCUMENTS

The following documents are required for the Q-1 Visa application at the consulate:

  • A Nonimmigrant Visa Electronic Application (DS-160) Form.
  • A passport valid for travel to the United States with a validity date at least six months beyond your intended period of stay in the United States
  • One (1) 2 x 2 inches photograph taken within the last six months.
  • Form I-797, Notice of Action from USCIS with the receipt number of your approved petition.
  • Additional documentation may be required depending on the U.S Embassy or Consulate.

You must also demonstrate the that you have binding ties to your home country which you have no intention of abandoning, and that you are coming to the United States for a temporary period of time.

Can I enter the U.S. for a brief period of time without obtaining a visa?

Visa Waiver Program

The Visa Waiver Program (VWP) offers an easy, effective method to travel to the US for business or pleasure. The program enables citizens of participating countries to travel to the US for pleasure or business for 90 days or less without officially obtaining a U.S. visa.

STEPS

In order to travel without a visa on the VWP, you must have authorization through the Electronic System for Travel Authorization (ESTA) prior to boarding a U.S. bound air or sea carrier. ESTA is a web-based system operated by U.S. Customs and Border Protection (CBP) to determine eligibility to travel under the VWP to the United States for tourism or business.

There are presently 39 participating countries in the VWP: Andorra, Australia, Austria, Belgium, Brunei, Chile, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Netherlands, New Zealand, Norway, Poland, Portugal, San Marino, Singapore, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, Taiwan, United Kingdom**

** To be eligible to travel under the VWP, British citizens must have the unrestricted right of permanent abode in England, Scotland, Wales, Northern Ireland, the Channel Islands, and the Isle of Man.

While most interested parties do not need to apply for a visa, certain exceptions do apply. Some travelers still need to apply for a visa, including people who plan to work or study in the U.S., stay more than 90 days, or people who might otherwise be ineligible for a visa. Travelers who have previously been denied visas, who have criminal records or who may be ineligible to enter the U.S. on the VWP, should contact the nearest U.S. Embassy or Consulate before attempting to use the VWP to enter the U.S.

DOCUMENTS

If you are entering the U.S. on the VWP, you must:

  • Must Be a Citizen or National of a VWP Designated Country
  • Each Traveler Must Have a Valid ESTA
  • Have the Correct Type of Passport: You must have a passport that is valid for at least 6 months after your planned departure from the United States; and you must have an e-passport to use the VWP. An e-passport is an enhanced secure passport with an embedded electronic chip. The chip can be scanned to match the identity of the traveler to the passport.

I am traveling through the U.S. Can I visit family/friends while waiting for my departing flight?

C Visa

Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. Transit (C) visas are nonimmigrant visas for persons traveling in immediate and continuous transit through the United States en route to another country, with few exceptions. Immediate and continuous transit is defined as a reasonably expeditious departure of the traveler in the normal course of travel as the elements permit and assumes a prearranged itinerary without any unreasonable layover privileges. If the traveler seeks layover privileges for purposes other than for transit through the United States, such as to visit friends or engage in sightseeing, the traveler will have to qualify for the type of visa required for that purpose.

STEPS

The order of the steps to apply for the C-1 visa and how you complete them may vary at the U.S. Embassy or Consulate where you apply. Please consult the instructions available on the embassy or consulate website where you will apply.

DOCUMENTS:

To apply for a C Visa, you must supply the following documents:

  • A Nonimmigrant Visa Electronic Application (DS-160) Form.
  • A passport valid for travel to the United States with a validity date at least six months beyond your intended period of stay in the United States
  • One (1) 2 x 2 inches photograph taken within the last six months.
  • Additional documentation may be required depending on the U.S Embassy or Consulate.

What visa can I use to travel to the UN?

C-2 Visa

Individuals involved in the United Nations may use the C-2 Visa to travel to the U.N.

STEPS

The order of the steps to apply for the C-2 visa and how you complete them may vary at the U.S. Embassy or Consulate where you apply. Please consult the instructions available on the embassy or consulate website where you will apply.

DOCUMENTS

To apply for a C Visa, you must supply the following documents:

  • A Nonimmigrant Visa Electronic Application (DS-160) Form.
  • A passport valid for travel to the United States with a validity date at least six months beyond your intended period of stay in the United States
  • One (1) 2 x 2 inches photograph taken within the last six months.
  • Additional documentation may be required depending on the U.S Embassy or Consulate.

You must also prove the following:

  • You are entering the U.S. as a U.N. transit
  • You have enough funds to reach your proposed destination.
  • You have a ticket or other means to reach your proposed destination.
  • You have permission to enter the country of your final destination, if necessary.

I am a foreign government official. How can I visit family/friends while waiting for my departing flight?

C-3 Visa

Government officials traveling through the U.S. to a foreign destination may apply for the C-3 Visa. This visa will enable you to leave the airport and enjoy your surroundings. Your family members and personal employees may also apply for the C-3 Visa.

STEPS

The order of the steps to apply for the C-3 visa and how you complete them may vary at the U.S. Embassy or Consulate where you apply. Please consult the instructions available on the embassy or consulate website where you will apply.

DOCUMENTS

To apply for a C-3 Visa, you must supply the following documents:

  • A Nonimmigrant Visa Electronic Application (DS-160) Form.
  • A passport valid for travel to the United States with a validity date at least six months beyond your intended period of stay in the United States
  • One (1) 2 x 2 inches photograph taken within the last six months.
  • Additional documentation may be required depending on the U.S Embassy or Consulate.

You must also prove the following:

  • You are entering the U.S. only to pass through in transit.
  • You have enough funds to reach your proposed destination.
  • You have a ticket or other means to reach your proposed destination.
  • You have permission to enter the country of your final destination, if necessary.

What is the visa process for crewmen?

D Visa

Crewmember is defined as a person who: Is serving in good faith and in a capacity that is required for the normal operation and service on board a vessel or aircraft; Intends to land temporarily; Intends to land solely in pursuit of his or her calling as a crewmember; and Intends to depart from the U.S. with the vessel or aircraft on which he or she arrive or on some other vessel or aircraft.

There were 2 types of D visas: Individual visas and crew list visas (all members of crew listed on manifest). D-1 visas for crew on all types of vessels except U.S. based fishing vessels.
You may apply for a crewmember visa without being employed at the time of your visa application. However, the crewmember visa may only be used for entry to a U.S. port if you are employed on the sea vessel or aircraft on which you arrive. There is no guarantee that you will be issued a visa. Do not make final travel plans or buy tickets until you have a visa.
Crewmember (D) visa holders must depart the United States on a vessel within 29 days. The United States is defined as including the continental United States, Alaska, Hawaii, Puerto Rico, Guam, and the U.S. Virgin Islands. You are not considered to have departed the United States until the vessel you are on travels to international waters destined to a foreign port.
The operating base is where the vessel takes on supplies regularly, where the cargo of the vessel is sold, or where the owner or master of the vessel engages in business transactions.

STEPS

The order of the steps to apply for the D visa and how you complete them may vary at the U.S. Embassy or Consulate where you apply. Please consult the instructions available on the embassy or consulate website where you will apply.

DOCUMENTS

To apply for a D Visa, you must supply the following documents:

  • A Nonimmigrant Visa Electronic Application (DS-160) Form.
  • A passport valid for travel to the United States with a validity date at least six months beyond your intended period of stay in the United States
  • One (1) 2 x 2 inches photograph taken within the last six months.
  • Additional documentation may be required depending on the U.S Embassy or Consulate.

What is the visa process for crewmen en route to Guam?

D-2 Visa

Crewmen serving in good faith for normal operations aboard vessels may apply for the D Visa. This classification includes musicians, stewards, technicians and chefs. This visa is specifically issued to a crewperson who serves aboard a fishing vessel with a home port or base of operation in the U.S. You should plan to land in and depart from Guam as a part of your crew duties.

STEPS

Application for the visa must be filed at the U.S. consulate abroad. While applying for landing privileges, you should submit your application in person, offer all necessary documents, be photographed and fingerprinted, establish that you are admissible under all relevant immigration laws and prove that you are entitled to landing privileges in the U.S.

DOCUMENTS

During inspection, you will need to show copies of employer work records to the immigration officer. If there is a strike or lockout, you will need to prove the following:

  • You have worked for your employer for at least one year longer than the beginning of the strike/lockout.
  • During this one-year period, you have worked as a crewman for your employer at least once in three different months.
  • You expect to continue working for your employer at this level.

How can foreign media representatives enter the U.S.?

I Visa

The I Visa is a vital tool in a global system, where news and cultures are shared and dispatched across national lines. The I Visa is available to media employees including reporters, freelance journalists and film crew members; mainstream filmmakers are not eligible for this status. I visas are available to persons only to work for a foreign media outlet, or a U.S. based subsidiary of a foreign media company.

Your spouse and unmarried children under the age of 21 may be eligible for a derivative I status. Your employer must offer a letter detailing your position.

I visas, however, are not available to fiancées. If your spouse or children wish to visit you in the U.S., they may choose to apply for a B-2 visa. They may also be eligible to travel under the Visa Waiver Program.

STEPS

Just submit your visa application to the American Consulate or Embassy in your home country.

DOCUMENTS

The Embassy or consulate will ask to see the following documents:

  • A Nonimmigrant Visa Electronic Application (DS-160) Form.
  • A passport valid for travel to the United States with a validity date at least six months beyond your intended period of stay in the United States
  • One (1) 2 x 2 inches photograph taken within the last six months.
  • A letter from your employer detailing your position and expected stay in the U.S.
  • Additional documentation may be required depending on the U.S Embassy or Consulate.

Is there a temporary visa classification for fiancées?

K-1 Visa

If you are a U.S. citizen who wants to bring your foreign fiancé(e) to the United States in order to get married, you will need to file a Form I-129F, Petition for Alien Fiancé. This is the first step to obtaining a K-1 nonimmigrant visa for your fiancé(e). The K-1 nonimmigrant visa is also known as a fiancé(e) visa.

In order to 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.

K-3 and K-4 Visas

If you are a U.S. citizen and you filed a Form I-130, Petition for Alien Relative for your foreign spouse who is abroad, you can also file a Form I-129F, Petition for Alien Fiancé. This is the first step for your spouse and his or her children to obtain a visa to come to the United States while you wait for USCIS to make a decision on the Form I-130. Historically, you and your family members might have been separated for some time while waiting for a decision on your Form I-130. Congress sought to resolve this problem by creating K-3 and K-4 nonimmigrant visas to shorten the time your family would need to spend apart. However, because USCIS now takes less time to adjudicate the Form I-130, the current need for K-3 and K-4 visas is rare.

There are two advantages to having a K-3/K-4 non-immigrant visa:

  • You are allowed to work in the U.S. while waiting for your Permanent Resident status. However, in order to do this, you must have a work permit. To apply for a work permit, submit Form I-765. Note: You will not need to apply for a work permit after you have become a Lawful Permanent Resident of the U.S. because you will receive a permanent resident card which allows you to permanently live and work in the U.S.
  • K-3 and K-4 visa holders may travel temporarily outside of the U.S. even if you are still waiting for your Permanent Resident status.

Where can I find out more information about the LIFE Act and Amendments?

The Legal Immigration Family Equity (LIFE) Act and LIFE Act Amendments of 2000 enable certain individuals who are present in the United States who would not normally qualify to apply for adjustment of status in the United States to obtain lawful permanent residence (get a Green Card) regardless of:

  • The manner they entered the United States;
  • Working in the United States without authorization; or
  • Failing to continuously maintain lawful status since entry.

To qualify for this provision, you must be the beneficiary of a labor certification application (Form ETA 750) or immigrant visa petition (Forms I-130, Petition for Alien Relative, or I-140, Immigrant Petition for Alien Worker) filed on or before April 30, 2001. You must complete Supplement A to Form I-485, Application to Register Permanent Residence or Adjust Status, to apply under Section 245(i) provisions and submit it with your Form I-485. In most cases, you must also pay an additional $1,000 fee.

Where can I find out more information about employment-based immigration?

Permanent immigration in the U.S comes with a variety of rights and privileges. One of the most widely used methods to obtain permanent immigration is through employment. There are five classifications for employment-based immigration. Please click on the category that best suits your situation.

EB-1 Priority workers

  • Individuals with extraordinary ability in the sciences, arts, education, business or athletics.
  • Outstanding professors or researchers
  • Multinational Managers and Executives transferred to the US

EB-2 Professionals with advanced degrees or persons with exceptional ability

  • Individuals with exceptional ability in the sciences, arts or business
  • Professionals with advanced degrees or its equivalent
  • National Interest Waiver: Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States. Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability and whose employment in the United States would greatly benefit the nation. Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them) and may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker.

EB-3 Skilled or professional workers

  • “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, education, or experience, not of a temporary or seasonal nature.

EB-4 Special Immigrants

  • Religious workers
  • Special Immigrant Juveniles
  • Certain broadcasters
  • Certain retired officers or employees of a G-4 international organization or NATO-6 civilian employees and their family members
  • Certain employees of the U.S. government who are abroad and their family members
  • Members of the U.S. armed forces
  • Panama Canal company or Canal Zone government employees
  • Certain physicians licensed and practicing medicine in a U.S. state as of Jan. 9, 1978
  • Afghan or Iraqi translators or interpreters; and
  • Iraqis and Afghans who were employed by or on behalf of the U.S. government.

EB-5 Immigrant Investors

  • Available to those making the necessary investment in a commercial enterprise in the United States; and
  • Planning to create or preserve 10 permanent full-time jobs for qualified U.S. workers.

I am a U.S. citizen or lawful permanent resident. Can I sponsor my family for immigration to the U.S.?

Family-Based Immigration

Permanent immigration in the U.S comes with a variety of rights and privileges. One method to obtaining lawful permanent residency is through a relative who is either a citizen of the U.S or a lawful permanent resident.

Steps

There are two categories for family-based immigration:

  • Immediate Relatives of U.S Citizens (IR): A spouse, unmarried child under the age or 21 of a U.S citizen. This category also includes parents of adult U.S citizens (if you are 21 years of age or older).
  • Returning Residents (SB): Immigrants who previously lived in the US under lawful permanent resident status. These individuals should be returning to live in the U.S after being abroad for more than one year.

There are four preference categories for limited family-based immigration:

  • 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).

Your relative should first submit an immigrant visa petition, I-130 Petition for Alien Relative. This form should be accompanied by proof of your relationship to your relative.

Upon approval of this petition, the Department of State will determine if an immigrant visa number is available for you. When a number becomes available, you may apply for assignment of that number.

Documents

In order to sponsor a relative for lawful permanent residency, you must prove the following:

  • You are a U.S. citizen or a lawful permanent resident of the US.
  • You can support your relative at 125% above the mandated poverty line.
  • You must also show proof of your relationship with your relative.

Immigrant Visas Through Adoption

International adoption is a big issue to Americans of varying backgrounds. However, the process can be cumbersome, long, tedious and costly. Good and early planning before getting into it is what anyone planning adoption needs to undertake. We can advise you on the various requirements for international adoption beginning from whether you are eligible to adopt a child overseas, steps for planning for home study in the state you reside, steps for locating the child overseas or if you have an identifiable child and how do you know whether the child is considered an orphan or not under the U.S. immigration law, and on how to file necessary documents that will allow you to bring the child into the U.S. One simple advice — do your homework to avoid legal, emotional and financial stresses!

What is the process for sponsoring a spouse?

Alien-Spouse

U.S. Immigration law allows two methods for U.S. citizens to bring future spouses to the U.S.: K-1 or K-3 visa.

The K-1 Fiancé visa and the Alien-Spouse Immigrant Visa. The K-1 visa generally takes less time to process than the Alien-Spouse Visa. The K-3 Visa, however, is a proven path toward lawful permanent residency for your spouse.

If the marriage takes place abroad, an I-130 petition should be filed after the marriage. This petition should be filed either with USCIS in the U.S., or at a U.S. Embassy or Consulate abroad.

Please contact USCIS or the appropriate foreign service post for details about what specific documents you will need to file an immigrant petition for a new spouse. For more information, read our section on Family-Based Immigration.

Where can I get more information about the Diversity Lottery?

Diversity Visa “Green Card” Lottery

Each year since 1994, the Diversity Lottery Program allocates 55,000 new immigrant visas each year for individuals from underrepresented nations. A nation is considered underrepresented if less than 50,000 people from that nation immigrated to the US in the past five years.

To be eligible for the Diversity Lottery Program, you should have either a high school education, its equivalent or two years’ work experience within the last five years in a job which demands two years training.

You or your spouse must be a native of a nation eligible for the Diversity Lottery Program. You may be eligible if your parent was born in a country eligible to participate in the lottery.

The Diversity Lottery Program randomly picks the 55,000 visa candidates. Individuals are chosen to receive the visa by chance, not by merit. For the annual Diversity Lottery, check the State Department site.

Steps

Each year, the Department of State publishes specific instructions on how to apply for the Diversity Visa. These instructions are typically made available in August, and the registration period usually begins in early October.

Documents

Applicants must submit entries for the DV-2022 program electronically. Do not wait until the last week of the registration period to enter, as heavy demand may result in website delays. No late entries or paper entries will be accepted. The law allows only one entry per person during each entry period. The Department of State uses sophisticated technology to detect multiple entries. Submission of more than one entry will render you ineligible for a DV.

I am an asylee/refugee. How can I change status to permanent residency?

Asylum or Refugee Immigration

The U.S. immigration allows people who have well-founded fear of persecution to seek asylum or refugee status that will allow them to obtain permanent residency (green card). However, to qualify the applicant need to belong to one or more of the 5 categories of people who have well-founded fear of persecution because of his or her:

  • Race
  • Religion
  • Nationality
  • Membership in a particular social group
  • Political Opinion

Also, the law requires that an applicant must apply within 1 year of arriving in the U.S. unless you can show changed circumstances that materially affect your eligibility for asylum or extraordinary circumstances relating to the delay in filing; or you filed within a reasonable amount of time given those circumstances.

Steps

If you are an asylee and you have been physically present in the United States for at least one year after being granted asylum, you may apply to become an LPR by filing Form I-485, Application to Register Permanent Residence or Adjust Status.

Documents

The following documents and forms are required to apply for adjustment of status:

  • Form I-485, Application to Register Permanent Residence or Adjust Status with the required fee or with Form I-912, Request for Fee Waiver
  • Proof of your grant of asylum (such as a copy of the letter, decision of an immigration judge, or Form I-94, Arrival/Departure Record that shows the date you were granted asylum)
  • Evidence of one-year physical presence in the U.S.
  • Two passport-style photographs
  • Copy of your government-issued identity document with photograph
  • Copy of your birth certificate (if available)
  • Copy of your passport page with nonimmigrant visa (if available)
  • Copy of your passport page with admission or parole stamp (issued by a U.S. immigration officer) (if available)
  • Form I-693, Report of Medical Examination and Vaccination Record (you may submit this form together with Form I-485 or later, for example, when USCIS requests it or in person at your interview, if any)
  • Certified police and court records of criminal charges, arrests, or convictions (if applicable); and
  • Form I-602, Application by Refugee for Waiver of Grounds of Excludability (if applicable).