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There are two broad categories of visas, one Non Immigrant or Temporary
Residence Visas and the second is the Immigrant Visas- Permanent
Residence Visas. To qualify one would need to satisfy certain parameters
as laid by the immigration authorities, a few of the categories
are given below:
GETTING A GREEN CARD THROUGH RELATIVE
The applicant qualifies for a Green Card if he or she has a close
family member who is a Citizen of United States or Green Card holder
of the same. You can qualify for a Green Card through relatives
if you fall into one of the following categories:
immediate
relative of a US Citizen
preference
relative of a US Citizen or Green Card holder, or
accompanying
relative of someone in a preference category
GETTING A GREEN CARD THROUGH AN ADOPTION
To obtain a Green Card through adoption, it must take place before
the child is 16 years of age and that he or she has lived in the
parent's legal custody for two years before applying for the green
card unless the child is an orphan.
GETTING GREEN CARD THROUGH AN ADOPTION
OF ORPHANS
A child may obtain a green card as an orphan only if a US citizen
is adopting him or her. A child is an orphan if both natural parents
are either deceased or have permanently and legally abandoned the
child.
GETTING GREEN CARD THROUGH YOUR FIANCE
(E): K-1 VISAS
If you intend to marry a US citizen, your fiancé may bring you
to America for the wedding through K-1 visa. It is a non-immigrant
visa but it can be converted into a green card. The Beneficiary
and their minor dependents may come to USA in order to marry a US
citizen
GETTING A GREEN CARD THROUGH EMPLOYMENT
In order to qualify for a green card through employment:
you must
have a job offer from a US employer
you must
possess the education and experience relevant to the job offered,
and
If you
are already in US, you must be in valid legal status.
The following categories may seek to obtain an Employment based
Green Card based on the following order of preferences
first
preference as priority workers
second
preference as workers with advanced degrees or exceptional ability
third
preference as skilled or unskilled workers without advanced degrees
fourth
preference as religious workers and various miscellaneous categories
of workers and other individuals
fifth
category as individual investors willing to invest $1,000,000 in
a United States business or $500,000 in economically depressed areas
GETTING A GREEN CARD THROUGH INVESTMENT
US Green cards can be obtained by making an investment, anyone
who invests a minimum amount of 1 million US dollars by setting
up a new business or expanding one that already exists. The investor
must be active in the management of the Company. The required amount
of the investment may be reduced to $500,000 if the business is
located in rural area.
GETTING A GREEN CARD AS A SPECIAL IMMIGRANT
Special immigration green cards are available under different situations
to the people who are
The workers
for recognized religious organizations
Foreign
medical graduates who have been in the USA for a long time
Foreign
workers who were formally long-time employees of the US government
Retired
officers or employees of certain international organizations who
have lived in the US for a certain period of time
Foreign
workers who have been an employee of the US consulate in Hong-Kong
for a minimum of 3 years
Foreign
nationals who have been declared as dependent in juvenile courts
in USA
GETTING GREEN CARD THROUGH ASYLUM
To qualify as a refugee, you must have an experience of persecution
in the past or have well founded fear of persecution in the future
in your home country on the basis of race, religion, membership
in a social group, nationality or political opinion.
GETTING H-1B VISAS
To obtain H-1B Visa, there are four requirements that needs to
be met:
you must
be coming to USA to perform services in a specialty occupation with
a college degree or its equivalent in work experience, or to be
a distinguish fashion model
you must
have a job offer from a qualified US employer
you must
have a valid background to qualify for the job you have been offered
for
GETTING H-2B VISAS
You can qualify for an H-2B visa if you are come to USA to accept
a temporary or seasonal non-agricultural job from a US employer
and you have the valid background or skills or abilities required
by that employer.
H-2B visas are aimed at skilled and unskilled workers, compared
to H-1B visas, which are intended for college-educated workers.
To get an H-2B visa, it must be proved that there is no qualified
Americans available to take the job you have been offered.
GETTING H-3 VISAS
You can qualify for an H-3 visa if you are coming to USA for on-the
job training to be provided by an American Company. The purpose
of the training should be to improve your skills in your career
in home country. Similar training opportunities must be available
there. In that case there are no quota restrictions.
GETTING L-1 VISAS
You qualify for an L-1 visa if you have been employed outside the
USA as a manager, executive or person with specialized knowledge
for at least one year, and you are transferred to the USA to be
employed in a position that utilizes your special knowledge and
skills. The purpose and design of this Visa is to provide practical
guidance to the foreign business owner, executive, or manager in
establishing a United States branch or subsidiary of an existing
foreign business. The initial visa granted to a non-US business
owner who is a manager or an executive is known as the L-1A visa,
and is granted for a period of twelve months. It is a temporary
visa, and not to be misunderstood with permanent residency, which
confers a permanent immigration status with far greater implications.
The initial twelve-month L-1 period is reserved for those instances
in which the subsidiary or affiliate office in the United States
is newly created or functioning for less than twelve months. It
should be noted that this visa could certainly be processed in a
number of different ways, using different forms of corporate relationships
(for example by purchasing an existing business, or entering into
a strategic partnership with an existing business or establish a
new business). But, by and large, the most commonly used formula
involves the creation of a new entity in the United States, which
will serve as the base of operations for the foreign executive or
manager to initiate operations in that new market.
GETTING E-1 VISAS The E-1
classification is authorized for a national of a country with which
the United States has a commercial treaty, who is coming to the
U.S. solely to engage in trade of a substantial nature principally
between the United States and the alien's country of nationality.
The trade involved must be international exchange (successfully
negotiated contracts binding on all parties) of items of trade between
the U.S. and a treaty country. Title to the trade item must pass
from one treaty party to the other.
GETTING E-2 VISAS
The E-2 classification is authorized for a national of a country
with which the United States has a commercial treaty, who is coming
to the United States solely to direct and develop the operations
of an enterprise in which he or she has invested, or is actively
involved in the process of investing, a substantial amount of capital.
The alien must demonstrate that he controls the enterprise by showing
ownership of at least 50% of the entreprise, by possessing operational
control through a managerial position or other corporate device
or by other means.
GETTING STUDENT VISA : F-1 AND M-1 VISAS
If you are coming to USA to study full time in a program leading
to a degree, diploma or certificate, you must be entering a US government
approved school to qualify for a visa. You have enough money to
study full time without working. You must be able to speak, read
and write English well enough to understand the course work. You
must prove that you intent to return to your home country when your
program of studies is over. Both F-1 and M-1 visas are issued for
the estimated length of time it will take to complete your proposed
program of studies. M-1 students will receive a maximum period of
one year. F-1 students will last longer than vocational or non-academic
programs for M-1 students.
GETTING EXCHANGE VISITORS: J-1 VISAS
You can meet the requirements for a J-1 exchange visitor visa if
you come to USA as a student, scholar, trainee, teacher, professor,
research assistant, medical graduate or international visitor who
is participating in a program of studies, training, research or
cultural enrichment specifically designed for such individual by
the United States Department of State through its bureau of Educational
and Cultural Affairs (ECA). You must already be accepted into the
programs before you can apply for the visa. You must have enough
money to cover your expenses while you are in the USA as an exchange
visitor. You must have sufficient knowledge of English in your subject
and you must intend to return home when your status expires.
GETTING O-1 VISAS
The persons of proven extraordinary abilities in science, arts,
education, business or athletes, outstanding professors and researchers
and multinational executives or managers are eligible for O-1 visas
and do not require labour certification. Evidence of internationally
recognized prizes or awards. Membership in an association in the
field for which requires outstanding achievement of their member,
as judged by recognized national or international experts. Published
material about the person in professional or major trade publications
or other major media. Participation as a judge of the work of others.
Evidence of original scientific, scholastic, artistic, athletic
or business-related contribution of major significance. Authorship
of scholarly articles in the field. Artistic exhibition or showcases.
Performance in a leading or cultural role for organization that
have a distinguish reputation. High salary in relation to others
in the field.
GETTING P-1 VISAS
Entertainment companies that have been nationally recognized as
outstanding for a long time are eligible for P-1 visas. P-1 visas
can be issued based on the expertise of a group. P-1 visas are not
available to individual entertainers but only to member of group
with international reputation. Evidence of that reputation must
be shown with the following:
Proof
of one year performing
regularly
employed by the same group
group's
international awards or prizes
group's
leading role in production
groups
published material showing the outstanding achievements
proof
of large box office receipts or ratings (commercial or critically
acclaimed successes)
proof
that your group commands a high salary.
GETTING R-1 VISAS
The R-1 classification applies to a religious worker. this is an
alien coming to the U.S. temporarily to work:
as a minister
of religion,
as a professional
in a religious vocation or occupation, or
for a
bona fide nonprofit religious organization at the request of the
organisation, in a religious occupation which relates to a traditional
religious function.
The applicant (religious worker) must have been a member of a religious
denomination having a nonprofit religious organisation in the United
States for atleast two years immediately prior to the application
date. To be eligible, the U.S. petitioning organization must be
a nonprofit religious organization granted (or eligible for) tax
exempt status, and must demonstrate that it can and will provide
for all of the R-1 beneficiary's financial and physical needs.
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