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United States

Visitor Visa

Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a non-immigrant visa for a temporary stay, or an immigrant visa for permanent residence. Visitor visas are non-immigrant visas for persons who want to enter the United States temporarily for business (visa category B-1), for tourism (visa category B-2), or for a combination of both purposes (B-1/B-2).

Here are some examples of activities permitted on B1 Visitor Visa and B2 Visitor Visa

B1 Visitor Visa

• Consult with business associates
• Attend a scientific, educational, professional, or business convention or conference
• Settle an estate
• Negotiate a contract

B2 Visitor Visa

• Tourism
• Vacation (holiday)
• Visit with friends or relatives
• Medical treatment
• Participation in social events hosted by fraternal, social, or service organizations
• Participation by amateurs in musical, sports, or similar events or contests, if not being paid for participating
• Enrolment in a short recreational course of study, not for credit toward a degree (for example, a two-day cooking class while on vacation).

In most cases, a B1/B2 visa is issued together, allowing the holder to travel for both business and pleasure.

USA Student Visa

If you would like to study as a full-time student in the United States, you will generally need a student visa. There are two non-immigrant visa categories for persons wishing to study in the United States. These visas are commonly known as the F and M visas.

You may enter in the F-1 or M-1 visa category provided you meet the following criteria:

• You must be enrolled in an “academic” educational program, a language-training program, or a vocational program
• Your school must be approved by the Student and Exchange Visitors Program, Immigration & Customs Enforcement
• You must be enrolled as a full-time student at the institution
• You must be proficient in English or be enrolled in courses leading to English proficiency
• You must have sufficient funds available for self-support during the entire proposed course of study
• You must maintain a residence abroad which you have no intention of giving up.
F-1 Student 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.

M-1 Student Visa

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

Employment

F-1 students may not work off-campus during the first academic year, but may accept on-campus employment subject to certain conditions and restrictions. After the first academic year, F-1 students may engage in three types of off-campus employment:

• Curricular Practical Training (CPT)
• Optional Practical Training (OPT) (pre-completion or post-completion)
• Science, Technology, Engineering, and Mathematics (STEM) Optional Practical Training Extension (OPT)

F-1 students may also be eligible to work off-campus on a case-by-case basis as a result of special situations such as severe economic hardship or special student relief. M-1 students may engage in practical training only after they have completed their studies.

For both F-1 and M-1 students any off-campus training employment must be related to their area of study and must be authorized prior to starting any work by the Designated School Official (the person authorized to maintain the Student and Exchange Visitor Information System (SEVIS)) and USCIS.

ESTA

The Electronic System for Travel Authorization (ESTA) is an automated system used to determine the eligibility of visitors to travel to the United States under the Visa Waiver Program (VWP) and whether such travel poses any law enforcement or security risk.

ESTA approval authorizes a traveller to board a carrier for travel to the United States under the VWP. Private carriers must be a signatory visa waiver program carrier. See list of Signatory Carriers. CBP recommends that you apply for ESTA at the time you book your travel, but no less than 72 hours prior to boarding.

ESTA is not a visa. It does not meet the legal requirements to serve in lieu of a U.S. visa when a visa is required. Travelers that possess a valid U.S. visa may travel to the United States on that visa for the purpose it was issued. Travelers traveling on valid visas are not required to apply for an ESTA. In the same way that a valid visa does not guarantee admission to the United States, an approved ESTA is not a guarantee of admission to the United States.

ESTA became mandatory January 12, 2009. VWP applicants are required to complete a blue Customs declaration upon arrival in the U.S. whether or not they have an ESTA authorization. VWP travellers are no longer required to complete the green I-94W card.

Approved ESTA applications are valid for a period of two years, or until the passport expires, whichever comes first, and multiple trips to the United States without the traveller having to re-apply for another ESTA. When traveling to the U.S. with the approved ESTA, you may only stay for up to 90 days at a time – and there should be a reasonable amount of time between visits so that the CBP Officer does not think you are trying to live here. There is no set requirement for how long you must wait between visits.

Travelers whose ESTA applications are approved, but whose passports will expire in less than two years, will receive an ESTA valid until the passport’s expiration date.

H1B Visa

This non-immigrant classification applies to people who wish to perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defence (DOD) cooperative research and development project, or services as a fashion model of distinguished merit or ability.

Classification 1

H-1B Specialty Occupations

The occupation requires:

• Theoretical and practical application of a body of highly specialized knowledge; and
• 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 position must also meet one of the following criteria to qualify as a specialty occupation:

• Bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the particular position
• The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, the job is so complex or unique that it can be performed only by an individual with a degree
• The employer normally requires a degree or its equivalent for the position
• The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.

For you to qualify to perform services in a specialty occupation you must meet one of the following criteria:

• Hold a U.S. bachelor’s or higher degree required by the specialty occupation from an accredited college or university
• Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree required by the specialty occupation from an accredited college or university
• Hold an unrestricted state license, registration, or certification that authorizes you to fully practice the specialty occupation and be immediately engaged in that specialty in the state of intended employment

Have education, specialized training, and/or progressively responsible experience that is equivalent to the completion of a U.S. bachelor’s or higher degree in the specialty occupation, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.

Classification 2

H-1B2

DOD Researcher and Development Project Worker

To be eligible for this classification you must have a bachelor’s or higher degree or its equivalent in the occupational field in which you will be performing services. This requirement can be met based on one of the following criteria:

• Hold a U.S. bachelor’s or higher degree required by the duties from an accredited college or university
• Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree from an accredited college or university
• Hold an unrestricted state license, registration, or certification that authorizes you to fully practice the duties of the job and be immediately engaged in that specialty in the state of intended employment
• Have education, specialized training, or progressively responsible experience in the specialty that is equivalent to the completion a U.S. bachelor’s or higher degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.

H-1B3

Fashion Model

The position/services must require a fashion model of prominence.

To be eligible for this visa category you must be a fashion model of distinguished merit and ability.

E3 Visa

E-3 Specialty Occupation Workers from Australia

The E-3 classification applies only to nationals of Australia. You must be coming to the United States solely to perform services in a specialty occupation. The specialty occupation requires theoretical and practical application of a body of highly specialized knowledge and the 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.

Eligibility Criteria

To qualify for an E-3 visa, you must demonstrate, among other things, that you:

• Are a national of Australia
• Have a legitimate offer of employment in the United States
• Possess the necessary academic or other qualifying credentials
• Will fill a position that qualifies as a specialty occupation

Family of E-3 Non-immigrant Workers

An E-3 non-immigrant worker’s spouse and unmarried children under 21 years of age are entitled to dependent E-3 classification. Children of E-3 workers may not be employed in the United States.

Spouses of E-3 workers in valid E-3 or E-3S status are considered employment authorized incident to status.

IR1/CR1 Visa (Marriage Green Card)

The IR1/CR1 (Marriage Green Card) is a Family-Based Green Card that allows the spouse of a U.S. citizen or U.S. green card holder to live and work in the United States under permanent resident status. After three years of living in the U.S. under this marriage-based visa, the spouse will become eligible for U.S. citizenship.

What can you do with this type of spouse visa?

Under the spouse visa, foreign-born spouses enjoy a permanent resident status in the United States. With this status they are eligible for the following privileges:

• Travel in and out of the U.S. (provided they travel on a valid spouse visa)
• The ability to obtain a driver’s license
• The ability to open a bank account
• The ability to legally work in the U.S.
• The ability to study at higher learning institutions or other educational programs

What is the difference between the IR1 and CR1 visa?

Marriage green cards fall into 2 categories: IR1 and CR1. The type of visa issued to a spouse will depend on the length of time the couple has been married. If a couple has been married for more than 2 years, they will be given an IR1 visa.

If a couple has recently wed and/or their marriage is less than 2 years old, the spouse is only eligible for a conditional residence visa, also known as a CR1 visa. This visa is granted on the condition that the couple stays married for at least 2 years. After 2 years of marriage have passed, the spouse will be eligible to apply for an IR1 visa.

What are the requirements for an IR1 visa?

In order to be eligible for a marriage-based green card, the couple must have a legally recognized marriage. A valid marriage certificate should be provided in the IR1/CR1 visa application. Furthermore, they must have a spouse who is a U.S. citizen or green card holder who also has a valid address within the United States.

How do I apply for the IR1/CR1 visa?

In order to apply for an IR1/CR1 visa, the American spouse must first petition for sponsorship of their foreign-born spouse. To do this, the U.S. spouse must first fill out and submit Form I-130 (Petition for Alien Relatives) and send it to the United States Citizenship and Immigration Services (USCIS). The petition is usually processed within a few months.

After a decision is made, the USCIS will inform the U.S. spouse (aka, the petitioner) of their decision. If the petition is rejected, the petitioner will be informed of the reasons for the refusal. Depending on the reasons for the refusal, you can resubmit the petition after making the necessary changes.

If the petition is approved, the next stage of the application process can begin. Instructions for how to begin the application process along with the ID invoice number and case number will be sent to the foreign-born spouse (aka, the applicant) in a packet sent to them by the National Visa Center (NVC).

What happens during the application stage?

After the NVC has approved the petition, the foreign-born spouse must proceed with the application. To do this, the applicant must complete the following steps:

• Completes Form DS-260 (Immigrant Visa Electronic Application)
• Schedule and undergo a required medical examination where they receive any necessary vaccinations
• Compile the necessary documents into a portfolio of evidence
• Attend a visa interview at their local U.S. Embassy or consulate
• Receive another NVC packet (which must remain unopened) and travel to the United States Since there are no yearly caps for these types of visas, the application process can begin as soon as the petition is approved. They do not have to wait for a spot to become available.

The DS-260 (Immigrant Visa Application Form) will ask a series of questions related to the applicant’s background and the reasons why they are seeking to relocate to the United States. Once completing this form, a confirmation page and number will be given to you. It is important to print out this confirmation page as it needs to be included in the portfolio of evidence which you must submit to the NVC. When you send off the application packet to the NVC, be sure to include your ID invoice number and a case number that you will have received in the first packet sent to you by the NVC.

Necessary Medical Examination and Vaccinations

In order to be approved for a U.S. visa, all applicants must first complete a medical evaluation proving that they are healthy enough to enter and live in the United States without posing a risk to the general public. In addition to this medical examination, the applicant must also receive the required vaccinations.

Instructions for what specific vaccinations are needed along with the required medical examination form will be sent to the applicant in the first NVC packet. All medical forms must be signed by a licensed doctor. These will be included in the portfolio of evidence that will be submitted later.

What are the required documents for the IR1/CR1 visa?

There are a number of supporting documents that you will need to submit in your spouse visa application. These may include the following:

• A valid passport that is valid for at least more than six months after your planned entry into the United States
• Marriage certificates. The original marriage certificate should be provided but if not wedding albums and proof of honeymoon destinations might be sufficient
• A signed Form I-864 (Affidavit of Support) from the U.S. petitioner
• A printout of the DS-260 application confirmation page
• Signed Medical examination and vaccination documents
• Two photographs per individual (these must conform to U.S. visa standards)
• Court and criminal records and/or police certificate
• Military records if you ever served in the military
After you have collected all of your documents together, send off your portfolio of evidence to the NVC along with your application. The NVC will then assess your application and portfolio to determine whether or not you have provided enough evidence to be approved for an IR1/CR1 visa.

What happens during the Spouse Visa interview?

If the NVC is satisfied with your application and its portfolio of evidence, you will then be invited to attend a spouse visa interview. This interview will take place at the local USCIS office if you are in the U.S. or your local U.S. embassy or consulate if you are abroad.

This interview is the last stage of the application process and some would argue, the most important. In this interview, you will be asked a series of questions regarding your background, application, and relationship. If you are in the U.S. for this interview, your spouse will also attend this interview. If you are abroad, only the applicant (foreign-born spouse) will need to attend.

If the interviewer is satisfied with the interview and believes that you are in a bona fide marriage, they will then approve you for a marriage-based green card. Your passport will be given a stamp that will act as a temporary green card while you wait for their permanent resident card to be sent to you in the U.S.

If you are abroad, your stamp will have a time window with an expiration date. You must enter the U.S. during this window of time and before the stamp expires.

In addition, you will be given a sealed packet containing documents important to your green card. You must submit this packet unsealed at the immigration counter when you arrive at the port-of-entry into the U.S. If this packet is opened up before submitting it to an immigration and border control official, you may be denied entry into the United States.

What are the fees for the IR1/CR1 visa application?

The cost for an IR1/CR1 visa will vary depending on the country from which the application was made. Overall, the application will consist of the following main fees:

• Form I-130 (Petition for Alien Relatives): $535
• Form DS-260 for visa application: $325
• Form I-864 (Affidavit of Support): $120
• Medical examination and vaccinations fees: costs will vary
• USCIS Immigrant fee: $220
• Fees for the translation of documents: costs will vary
It should be noted that the time it takes for you to receive your permanent residence card will depend on whether or not you paid the immigrant visa fee and when you entered the country.

If you paid the immigrant fee before entering the U.S. then you will receive your card within 90 days of entry. If you paid the immigrant fee after entering the U.S. then you will receive your card within 90 days of payment receipt. If you have not paid the immigrant fee then the card will not be processed or sent.

Again, the card processing will begin as soon as payment for the immigrant visa fee has been received. When fully finished, the card will be sent to you at the U.S. mailing address specified by you on the DS-260 form which you initially filled out to complete your IR1/CR1 visa.

How long does it take to get an IR1/CR1 visa?

The waiting time for a Marriage green card is much shorter in comparison to other family-based visas such as the preference relative F2A and F2B visas which have to wait for a spot to open up. There are no yearly limits for spouse visas which means that the application can begin as soon as the petition starts. Usually, IR1/CR1 visas are completed within 8-10 months but again, this will depend on how quickly they are processed by the NVC and if there is a backlog of visa applications to compete with.

Diversity Visa Program

The Diversity Visa (DV) Program was established by the 1990 Immigration Act, the program, also known as the green card lottery, was created to encourage a more diverse population in the US. Every year a number of immigrants from countries with historically low rates of immigration to the US have the chance to be considered for a Permanent Residence Card in a lottery program.

Each fiscal year the program will select applicants from countries in 6 regions including Africa, Asia, Europe, North America, Oceana, and South America, Central America, and the Caribbean. No single country can receive more than 7% of the available Diversity Visas in one year.

The number of Diversity Visas available is capped every year, usually, there are around 50,000 available. Diversity Visa applicants who are selected in the lottery are not guaranteed a visa and will still need to make a visa application after being selected.

Diversity immigrants who are selected in the DV lottery and who have a successful application will be awarded an immigrant visa that will allow them to live, work and study in the UK permanently. Their immediate family members will also be given immigrant visas.

Who is eligible for the Diversity Immigrant Visa Program?

To be eligible for the Diversity Visa program you must be from a country with historically low immigration rates to the US. If you were born in a country in which over 50,000 citizens have immigrated to the US in the last 5 years then you will not be eligible for the Diversity Immigrant Visa Program.

The countries exempt from the Diversity Visa program include Bangladesh, Brazil, Canada, China (including Hong Kong SAR), Colombia, Dominican Republic, El Salvador, Guatemala, Haiti, Honduras, India, Jamaica, Mexico, Nigeria, Pakistan, Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam.

If you are from any of the above countries there are two circumstances in which you could still be eligible for the Diversity Visa Program, this includes if your spouse’s country is a qualifying country and they are named on your application or if at least one of your parent’s countries is a qualifying country and neither of your parents were born in your birth country and they were not legally resident in your country at the time of your birth.

If you are from a country with low immigration rates then you will still need to meet several strict requirements in order to be eligible for the Diversity Visa Program. Every Diversity Visa applicant must have a high school education or equivalent, this means you must have completed a 12-year course of formal elementary and secondary education. If you do not have the correct standard of education then you could still be eligible if you have two years of qualifying work experience from the previous 5 years in an occupation that requires at least 2 years of training to perform.

How to apply for the Diversity Visa lottery

You must register to be entered into the Diversity Visa lottery and registration is only open for a certain period of time every year. Information about when the online registration period will be is published every year by the Department of State. To apply you must complete and submit your entry form online here. Paper entries are not available and you cannot apply after the registration period is over. You can also only submit your entry once, if you do this more than once then the online system will disqualify your application.

When applying you will be expected to give the following information:

• Your name, gender, and date of birth
• The city and country that you were born in
• The country of eligibility for the Diversity Visa Program (this will usually be the same as your place of birth)
• Your passport details including your passport number, country of issuance, and expiration date
• Recent photographs of you, your spouse, and children
• Your address
• The country that you currently live in
• Your email address
• Information about your education
• Your marital status
• The number of children you have

Once you have completed the online application you will see a confirmation screen displaying your name and a unique confirmation number, you should print this confirmation screen so that you can use your confirmation number to check on the status of your application.

What happens if you are selected?

Diversity Visa applicants are selected in an annual lottery every year that is carried out automatically by the online system. You can find out whether you have been selected in the Diversity Visa Program through the Entrant Status Check available at dvprogram.state.gov. If you have been selected you will also be able to view more information about the visa application process.

Being selected in the Diversity Immigrant Visa lottery does not mean that you have automatically been given an immigrant visa, it only means that you now have the opportunity to apply for a visa. It is recommended that you submit your visa application as soon as possible. As part of the visa application process, you will need to:

• Complete and submit the DS-260, Online Immigrant Visa and Alien Registration Application form
• Gather a portfolio of supporting documents to prove that you meet the visa eligibility requirements.
• Undergo a medical examination.
• Pay the visa application fee.
• Book and attend a visa interview.

Following your visa interview, consular officers will decide whether you meet the eligibility criteria for the Diversity Visa.

How can MigrationX help?

Our experts have expert knowledge of US immigration law. They will help you submit your visa application, helping you increase your chance of success. They will guide you through each step of the application process and will answer all the questions you might have. Services that our dedicated expert offer include:

• Reviewing your eligibility for Visa
• Offering help with filling and submitting the required forms
• Preparing a portfolio of documents that prove that all the information you included in the application is true
• Scheduling interview & Preparation for interview
• Explaining what your rights are once you receive the visa

Contact MigrationX Today for A Seamless Experience!

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