A visa allows a foreign citizen to travel to the U.S. port-of-entry and request permission to enter the United States. Applicants should be aware that a visa does not guarantee entry into the United States. The DHS, U.S. Customs and Border Protection (CBP) officials have authority to permit or deny admission to the United States.
What is an immigrant visa and how to apply?
An immigrant visa is issued to a foreign national who intends to live and work permanently in the United States. In most cases, a relative or employer sponsors the individual by filing an application with U.S. Citizenship and Immigration Services (USCIS).
What is the purpose of a visa?
A visa allows a foreign citizen to travel to the U.S. port-of-entry and request permission to enter the United States. Applicants should be aware that a visa does not guarantee entry into the United States. The DHS, U.S. Customs and Border Protection (CBP) officials have authority to permit or deny admission to the United States.
How does the US legal immigration system work?
This fact sheet provides basic information about how the U.S. legal immigration system is designed and functions. The body of law governing current immigration policy is called The Immigration and Nationality Act (INA). The INA allows the United States to grant up to 675,000 permanent immigrant visas each year across various visa categories.
What happens when you get an immigrant visa?
If you are issued an immigrant visa, the consular officer will give you your passport containing the immigrant visa and a sealed packet containing the documents which you provided. It is important that you do not open the sealed packet.
How long is an immigrant visa valid for?
An immigrant visa is usually valid for up to six months from the date of issuance unless your medical examination expires sooner, which may make your visa valid for less than six months.
How do immigrants get a visa?
Essential Steps to Get an Immigrant VisaIn most cases, someone must sponsor you or file an immigrant petition for you.Wait until the petition is approved and a visa is available in your category. Then apply for an immigrant visa. ... Get a medical examination.Go to an interview.Wait for a decision on your application.
Are immigrant visas permanent?
The immigrant visa gives noncitizens the right to live and work in the United States without time limitations. Persons holding an immigrant visa are known as permanent residents.
How long does it take immigrants to get a visa?
Generally speaking, a fair timeframe is approximately 6-10 months from the filing of the immigrant petition to approval at the U.S. Consulate. Timeframes can vary depending on backlogs of cases at both the USCIS and the U.S. Consulate abroad.
What are the 4 types of visa?
Probably one of the four main types: tourist, immigration, student, or work.
What are the 4 types of immigrants?
These Are the Four Types of Immigration Statuses in the US. When immigrating to the US, there are four different immigration status categories that immigrants may fall into: citizens, residents, non-immigrants, and undocumented immigrants.
Who can sponsor an immigrant?
All sponsors must be U.S. citizens or permanent residents, be at least 18 years old, and be living in the United States (including territories and possessions) when they file the affidavit of support. When and how do I file the affidavit of support? You do not need to file it with your I-130 petition.
What is a green card vs visa?
The key difference between the two is that US visas allow the bearer to enter the country and stay for a certain period of time for a specific purpose, while a Green Card is a permit for immigrants that grants permanent residency in the United States.
Who can sponsor me in USA?
Who You Can Help ImmigrateWho Can Sponsor WhoWho You AreImmigrants You Can PetitionU.S. citizenMarried children or adult childrenU.S. citizen age 21 or olderBrothers and sistersU.S. permanent residentUnmarried children4 more rows
Can an immigrant visa be denied?
Among the reasons the U.S. government might deny an immigrant visa or green card are its own error (or yours, in completing the paperwork), concern that you are a security risk, inadmissibility for health or criminal reasons, a finding that you are likely to become reliant on government assistance, and more.
How much does it cost to get an immigrant visa?
Immigrant Visa Application Processing Fees (non-refundable, per person)Immediate relative and family preference applications (processed on the basis of an approved I-130, I-600 or I-800 petition)$325.00Employment-based applications (processed on the basis of an approved I-140 or I-526 petition)$345.002 more rows
How much does it cost to get a visa?
The application fee for the most common nonimmigrant visa types is US$160. This includes tourist, business, student, and exchange visas. Most petition-based visas, such as work and religious visas, are US$190.
How do I obtain a visa?
Steps to Apply for a US VisaCheck if you need a visa.Choose the type of US visa you will apply for.Fill in the Non-immigrant visa Application Form DS-160.Pay your application fee.Schedule visa interview.Compile the document file.Attend the visa interview.Wait for processing.
What is the easiest way to immigrate to USA?
Immediate relatives are spouses of US citizens, parents of US citizens, and unmarried minor children of US citizens. There is no limit on the number of visas available each year for immediate relatives. Being a US citizen's spouse is the fastest, easiest way to immigrate to the US.
What is immigrant visa fee?
The USCIS Immigrant Fee is $220.00.
What are the immigrant visa Types?
Immigrant Visa CategoriesImmediate Relative & Family SponsoredVisa CategoryFiancé(e) to marry U.S. Citizen & live in U.S.K-1 *Intercountry Adoption of Orphan Children by U.S. CitizensIR3, IH3, IR4, IH4Certain Family Members of U.S. CitizensIR2, CR2, IR5, F1, F3, F412 more rows
How to apply for an immigrant visa?
To be considered for an immigrant visa under some of the employment-based categories below, the applicant's prospective employer or agent must first obtain a labor certification approval from the Department of Labor. Once received (if required), the employer then files an Immigrant Petition for Alien Worker, Form I-140, with the U.S. Citizenship and Immigration Services (USCIS) for the appropriate employment-based preference category. (NOTE: Persons with extraordinary abilities in the Employment First preference category are able to file their own petitions.) When filing the Immigrant Petition for Alien Worker, Form I-140, see the detailed form instructions, as well as more detailed requirements information on the USCIS Permanent Workers webpage.
Why do immigration cases take so long?
Employment based immigrant visa cases take additional time because they are in numerically limited visa categories. The length of time varies from case to case and cannot be predicted for individual cases with any accuracy. Some cases are delayed because applicants do not follow instructions carefully. Some visa applications require further administrative processing, which takes additional time after the consular officer interviews the applicant.
What is the third preference for immigrants?
A Third Preference applicant must have an approved Immigrant Petition for Alien Worker, Form I-140, filed by the prospective employer. All such workers generally require labor certification approved by the Department of Labor. Skilled Workers, Professionals, and Unskilled Workers (Other Workers) receive 28.6 percent of the yearly worldwide limit of employment-based immigrant visas, plus any unused visas from the Employment First Preference and Second Preference categories.
How long do you have to wait to get an immigration visa?
Immigrant visas cannot be issued until an applicant's priority date is reached. In certain heavily oversubscribed categories, there may be a waiting period of several years before a priority date is reached. Check the Visa Bulletin for the latest priority dates.
Where does the NVC send the visa application?
NVC then sends the file, containing the applicant’s petition and the documents listed above, to the U.S. Embassy or Consulate where the applicant will be interviewed for a visa. The applicant, attorney, and third-party agent, if applicable, will receive appointment emails, or letters (if no email address is available), containing the date and time of the applicant's visa interview along with instructions, including guidance for obtaining a medical examination.
What form do I need to file for an alien worker?
The prospective employer must provide a job offer and file an Immigrant Petition for Alien Worker, Form I-140, with the USCIS.
Is the USCIS fee refundable?
Note: Fees must be paid for each intending immigrant, regardless of age, and are not refundable. Fees should not be paid to the NVC or paid at the U.S. Embassy or Consulate where you have your visa interview unless specifically requested.
What are the two categories of visas?
There are two categories of U.S. visas: immigrant and nonimmigrant. Immigrant visas are issued to foreign nationals who intend to live permanently in the United States.
Who can petition on behalf of an individual?
Citizenship and Immigration Services (USCIS). Certain applicants such as workers with extraordinary ability, investors, and certain special immigrants can petition on their own behalf.
Can you travel to a foreign country with a round trip ticket?
Be in possession of a round-trip ticket that will transport the individual out of the United States to any other foreign port or place as long as the trip does not terminate in contiguous territory or an ; except that the round trip ticket may transport the traveler to contiguous territory or an , if the traveler is a resident of the country of destination or if arriving at a land border, provide evidence of financial solvency and a domicile abroad to which the traveler intends to return;
What is a temporary visa?
Temporary employment-based visa classifications permit employers to hire and petition for foreign nationals for specific jobs for limited periods. Most temporary workers must work for the employer that petitioned for them and have limited ability to change jobs. There are more than 20 types of visas for temporary nonimmigrant workers. These include L-1 visas for intracompany transfers; various P visas for athletes, entertainers, and skilled performers; R-1 visas for religious workers; various A visas for diplomatic employees; O-1 visas for workers of extraordinary ability; and various H visas for both highly skilled and lesser-skilled workers. The visa classifications vary in terms of their eligibility requirements, duration, whether they permit workers to bring dependents, and other factors. In most cases, these workers must leave the United States if their status expires or if their employment is terminated. It may be possible, depending on the type of job and the foreign national’s qualifications, for an employer to sponsor the worker for permanent employment. A foreign national does not have to be working for the employer in order to be sponsored. However, depending on the permanent immigration category sought and the foreign national’s current nonimmigrant category, he or she may be able to complete the steps to become an LPR while continuing to live and work in the United States.
What is diversity visa?
The Diversity Visa Program was created by the Immigration Act of 1990 as a dedicated channel for immigrants from countries with low rates of immigration to the United States. Each year, 55,000 visas are allocated randomly through a computer-generated lottery to nationals from countries that have sent fewer than 50,000 immigrants to the United States in the previous five years. Of the 55,000, up to 5,000 are made available for use under the Nicaraguan Adjustment and Central American Relief Act program, created in 1997 to provide relief to certain asylum seekers who applied for asylum before a specific date. This results in a reduction of the actual annual diversity visa limit to 50,000. The program was originally intended to favor immigration from Ireland (during the first three years of the program at least 40 percent of the visas were exclusively allocated to Irish immigrants). Diversity visas are now distributed on a regional basis and benefit Africans and Eastern Europeans in particular.
What are derivative immigrants?
The spouses and children who accompany or follow the principal immigrant (the one sponsored by the U.S. citizen or LPR under the family-preference category) are referred to as derivative immigrants. Derivative immigrants also count toward the numerical caps for the categories in Table 1. That means that many of the visa slots allotted for members of these categories are often actually used by the spouses and children of the members. For example, in FY 2019, 61,031 people were admitted in the category “brothers and sisters” of U.S. citizens, but only 22,179 of them were actual brothers or sisters of U.S. citizens. The rest were spouses (14,956) and children (23,896) of the siblings of U.S. citizens.
What are the requirements for a family visa?
A limited number of visas are available every year under the family preference system, but prospective immigrants must meet standard eligibility criteria, and petitioners must meet certain age and financial requirements. The preference system includes: 1 adult children (married and unmarried) and brothers and sisters of U.S. citizens (petitioner must be at least 21-years-old to petition for a sibling), and 2 spouses and unmarried children (minor and adult) of LPRs.
What is a legal permanent resident?
Lawful permanent residents are foreign nationals who are permitted to work and live lawfully and permanently in the United States. LPRs are eligible to apply for nearly all jobs (i.e., jobs not legitimately restricted to U.S. citizens) and can remain in the country permanently, even if they are unemployed.
How does the President set the number of refugees to be admitted to the United States?
In addition, each year the president is required to consult with Congress and set an annual number of refugees to be admitted to the United States through the U.S. Refugee Resettlement Process. Once a person obtains an immigrant visa and comes to the United States, they become a lawful permanent resident (LPR).
Why are refugees admitted to the US?
Refugees are admitted to the United States based upon an inability to return to their home countries because of a “well-founded fear of persecution” due to their race, membership in a particular social group, political opinion, religion, or national origin. Refugees apply for admission from outside of the United States, generally from a “transition country” that is outside their home country. The admission of refugees turns on numerous factors, such as the degree of risk they face, membership in a group that is of special concern to the United States (designated yearly by the president and Congress), and whether or not they have family members in the United States.
What is the purpose of a visa interview?
During your visa interview, a consular officer will determine whether you are qualified to receive a visa, and if so, which visa category is appropriate based on your purpose of travel. You will need to establish that you meet the requirements under U.S. law to receive the category of visa for which you are applying.
What happens if you try to get a visa?
Attempting to obtain a visa by the willful misrepresentation of a material fact, or fraud, may result in the permanent refusal of a visa or denial of entry into the United States.
What form do I need to bring for an L visa?
L Visa Applicants – If you are included in an L blanket petition, you must bring Form I-129S, Nonimmigrant Petition Based on Blanket L Petition, to your interview.
What form do I need to file for a temporary worker visa?
Some temporary worker visa categories require your prospective employer to obtain a labor certification or other approval from the Department of Labor on your behalf before filing the Petition for a Nonimmigrant Worker, Form I-129, with USCIS. Your prospective employer should review the Instructions for Form I-129 on the USCIS website to determine whether labor certification is required for you.
How long does a passport need to be valid for a visa interview?
Gather and prepare the following required documents before your visa interview: 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 ).
What is a visa for a foreigner?
A visa allows a foreign citizen to travel to a U.S. port-of-entry (generally an airport) and request permission to enter the United States. A visa does not guarantee entry into the United States. The Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP) officials at the port-of-entry have authority to permit or deny admission to the United States. If you are allowed to enter the United States, the CBP official will provide an admission stamp or paper Form I-94, Arrival/Departure Record. Learn more about admissions and entry requirements, restrictions about bringing food, agricultural products, and other restricted/prohibited goods, and more by reviewing the CBP website.
What happens if you don't leave the US on time?
Failure to depart the United States on time will result in you being out of status. Under U.S. law, visas of travelers who are out of status are automatically voided ( Section 222 (g) of the Immigration and Nationality Act ). If you had a multiple-entry visa and it was voided due to you being out of status, it will not be valid for future entries into the United States.
What should I do if USCIS denies my Work Permit application?
There are three main reasons that USCIS might reject your Work Permit application:
How do I switch or renew my Work Permit?
Citizen. You could also come on a Work Visa and end up getting a job with a company other than the one that initially sponsored you. Whatever the case, if you have a status that allows you to work and you want to switch to another status for any reason, you will need to submit a new Form I-765.
Who is eligible for a Work Permit?
Many immigrants can apply for a Work Permit from U.S. Citizenship and Immigration Services (USCIS). USCIS provides detailed information about who is eligible to work in the U.S. on its website. Eligible immigrants include:
What is an Employment Authorization Document (EAD)?
Immigrants living in the United States, and foreign nationals who want to come to the United States, cannot work unless they receive permission from the United States government. That permission comes in the form of an Employment Authorization Documents (EAD). EAD's are more commonly known as "Work Permits." Work Permits are photo identification cards issued by the U.S. Citizenship and Immigration Services (USCIS), and they look a lot like a driver's license.
What is an EB-1 green card?
EB-1 Green Card: For persons of extraordinary ability in the sciences, arts, education, business or athletics.
Do employers look for foreign born candidates?
U.S. employers are actively looking at foreign-born candidates to fill their open positions. However, immigration and work requirements can be confusing to employers. Don't assume HR managers understand all the complexities of work visas — do your homework on your particular situation and be prepared to talk about it.
Is immigration a topic?
Immigration is a topic we've heard a lot about this election cycle. Despite the debate (and sometimes backlash) that surrounds foreign-born workers, U.S. employers are planning to reach beyond borders to help fill their open jobs, according to a new CareerBuilder survey. One-third of employers plan to hire immigrant workers in 2017, with 16 percent planning to do so in the second quarter.
Spouses and Children Seeking Dependent Nonimmigrant Classification
Spouses and children who qualify for dependent 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.
Federal U.S. Tax Information
Aliens employed in the U.S. may have a U.S. tax obligation. See the Taxation of Nonresident Aliens page on the Internal Revenue Service (IRS) website for more information.
When will USCIS start determining pending visas?
Through a June 14 policy alert, USCIS announced it is establishing a bona fide determination process that will apply to all pending U visa petitions, as well as to all that are submitted on or after June 14 , 2021.
How long does an illegal alien work?
The illegal alien will then receive deferred action and a work permit for four years, renewable, and will not be vetted again by USCIS until there is a potential U visa cap number available.
How many U visa petitions were filed between 2009 and 2018?
As Jessica Vaughan has detailed, “There are legitimate concerns that the program is vulnerable to fraud, improperly promoted by advocates, and exploited as an avenue to obtain legal status.”. Using USCIS data, she points out that U visa petitions quintupled between 2009 (11,000) and 2018 (59,000).
How many petitions have been approved by USCIS since 2009?
USCIS has approved more than 170,000 petitions since 2009 with only 56 percent of them for principals, i.e., the actual alien victim. Given limited adjudicator resources and the surge of petitions filed over recent years, there are hundreds of thousands of petitions that are pending, meaning that USCIS has not yet adjudicated the claim. ...
When will Biden announce a new visa policy?
By Robert Law on June 15, 2021. The Biden administration has announced a new policy for U visa applicants that could potentially allow every illegal alien in the country to obtain a work permit.
When was the U visa created?
The U visa was created in 2000 as part of the Victims of Trafficking and Violence Protection Act to encourage alien victims of domestic violence, sexual assault, gangs, and human trafficking to assist law enforcement in prosecuting offenders.
Can an illegal alien work for years?
Utilizing a loophole in the law, the new policy will create a lower screening threshold that will give all illegal aliens with a pending U visa petition the ability to work lawfully for years before USCIS substantively reviews the petition for statutory eligibility. Under section 214 (p) (6), the DHS secretary “may grant work authorization to any alien who has a pending, bona fide application” for U nonimmigrant status. Despite this provision of law, USCIS did not have a “bona fide” determination process, until now.
Definition
Statistics
- In order to balance the overall number of immigrants arriving based on family relationships, Congress established a complicated system for calculating the available number of family preference visas for any given year. The number is determined by starting with 480,000 and then subtracting the number of immediate relative visas issued during the previous year and the num…
Classification
- Temporary employment-based visa classifications permit employers to hire and petition for foreign nationals for specific jobs for limited periods. Most temporary workers must work for the employer that petitioned for them and have limited ability to change jobs. There are more than 20 types of visas for temporary nonimmigrant workers. These include...
Demography
- In FY 2014, immigrants admitted through the employment preferences made up 15 percent of all new LPRs in the United States.
Categories
- There are several categories of legal admission available to people who are fleeing persecution or are unable to return to their homeland due to life-threatening or extraordinary conditions.
Impact
- For FY 2016, the President set the worldwide refugee ceiling at 85,000, shown in Table 3 with the regional allocations.
Availability
- Asylum is available to persons already in the United States who are seeking protection based on the same five protected grounds upon which refugees rely. They may apply at a port of entry at the time they seek admission or within one year of arriving in the United States. There is no limit on the number of individuals who may be granted asylum in a given year nor are there specific c…
Membership
- Refugees and asylees are eligible to become LPRs one year after admission to the United States as a refugee or one year after receiving asylum.
Purpose
- The Diversity Visa lottery was created by the Immigration Act of 1990 as a dedicated channel for immigrants from countries with low rates of immigration to the United States. Each year 55,000 visas are allocated randomly to nationals from countries that have sent less than 50,000 immigrants to the United States in the previous 5 years. Of the 55,000, up to 5,000 are made avai…
Benefits
- Although originally intended to favor immigration from Ireland (during the first three years of the program at least 40 percent of the visas were exclusively allocated to Irish immigrants), the Diversity Visa program has become one of the only avenues for individuals from certain regions in the world to secure a green card.
Qualification
- To be eligible for a diversity visa, an immigrant must have a high-school education (or its equivalent) or have, within the past five years, a minimum of two years working in a profession requiring at least two years of training or experience. Spouses and minor unmarried children of the principal applicant may also enter as dependents. A computer-generated random lottery dra…
Effects
- Deferred Enforced Departure (DED) provides protection from deportation for individuals whose home countries are unstable, therefore making return dangerous. Unlike TPS, which is authorized by statute, DED is at the discretion of the executive branch. DED does not necessarily lead to LPR status or confer any other immigration status.