EB1
Green card through special skills
The EB1 visa is an immigration application that directly leads to obtaining a Green Card. Normally, this visa is intended for athletes and artists with national and / or international recognition, for researchers and speakers with recognition in their respective areas, or for executives of multinational companies that have been practicing in the USA for at least 1 year.
The EB2 visa is intended for above-average professionals or professionals with exceptional skills. In the USA, an above-average professional is: an individual with a bachelor’s degree with at least 10 years of combined experience in their respective fields, or a professional with a bachelor’s and master’s degree (even if professional experience is less than 10 years).
Furthermore, if an individual’s profession is required in the United States (Engineering, Information Technology, Physical Therapy, Dentistry, Nursing and Aviation), the process is further facilitated due to the country’s national interest in this type of profession. In this case, the petition can be requested through the subcategory NIW (National Interest Waiver), referring to the “Matter of Dhanasar” case law, 26 I&N ten. 884 (AAO 2016).
EB2
Green card for professionals well qualified or of national interest
EB3
Green card through American employer
The EB3 Visa is normally intended for professionals with at least 2 years of experience in the respective areas and, in all cases, requires the immigration process to be carried out through a labor certification process. This process can only be done by an American employer who wants to hire you for your unique professional skills. The work process requires the employer to prove that he cannot obtain similar labor in the USA and must therefore use foreign labor.
The L1 visa is a visa that basically does not lead to a Green Card. However, it provides the Eligibility Card after one year of approval. To apply for this visa, a person must be transferring from a foreign headquarters to an American subsidiary. The candidate must occupy an executive or managerial position in that company and, therefore, enroll in the subcategory L1-A. Professionals in the specialized workforce are also entitled to apply for this visa.
In both situations, the applicant must be employed at the company at least 1 year before the visa application. The maximum period of stay allowed for a professional in this type of visa is 7 years, but, as stated above, the L1 visa allows the visa holder to request a Green Card through EB1-C in the case of managers and executives, or for Green Card through EB3 in the case of specialized labor.
L1
Visa to live and work in the USA by transfer between companies
E2
Visa to live and work in the USA through investment
This visa does not lead to the attainment of a Green Card, however, there is no limit on its renewal. The E2 visa is usually granted for an average of 2 years at a time and allows beneficiaries to renew it promptly when the expiration date approaches. To apply for this visa, a person must be a citizen of one of the countries listed in the Navigation and Trade Treaty.
Having citizenship of one of the qualified countries allows the applicant to make a financial contribution to his or her own business in the USA. As for the minimum investment value, the legal text does not make any express requirements, but that it is a substantial amount being applied in a niche market. The verification is done through market research and business plan.
The EB5 visa leads directly to obtaining a Green Card and your only prerequisite is proof of a minimum investment of 900 thousand dollars in areas with an investment deficit. In addition, the investment can also be $ 1.8 million, with no restrictions on the investment sector. In this case, the applicant can invest in his own business, as long as that business generates at least 10 new jobs in the United States.
EB5
Green card through investment
F1
Temporary visa for students
The F1 visa is a temporary visa for students who wants to come to the United States, from another country, to learn English or study at any academic institution. This visa only applies to students who have been accepted or are enrolled in a school in the USA.
The M1 student visa is intended for students who are going to study at a professional or non-academic institution such as: Vocational Colleges and Community Colleges. This visa is not suitable for those wishing to attend a University in the United States.
M1
Visa reserved for international students attending vocational schools and technical schools
K1
Visa for the foreign-citizen fiancé(e) of a United States citizen
The K1 visa is a visa for a US citizen’s fiance, with the purpose of traveling to the United States, getting married, and living in the country.
Although non-immigrant visa applicants need to demonstrate strong ties to the country of origin and the intention to return after a temporary visit to the United States, the United States immigration law assumes that K1 visa applicants have an intention to immigrate.
