Non-Immigrant Work Visas:
H1B Visa: Specialty Occupation
L1 Visa: Intracompany Transfer for Executives
E2 Visa for Investors
H2B Visa: Temporary/Seasonal Workers
H3 Visa for Job Training
B1 Business Travel Visa
J1 Exchange Visitor Visa
R1 Religious Worker Visa
Alternative Statuses for Canadian Workers
H1 Alternative Status for Mexican Workers

Immigrant Work Visas:
The five main preference categories are:
I. Employment First Preference (EB-1):
Quota: 28.6% of the annual total
Who is eligible: "priority workers" in three main subgroups:
Persons of "extraordinary ability" in the arts, sciences, business, education or athletics. *No specific job offer required. Can file own petition with the USCIS. Applicants must show extensive documentation of sustained national or international acclaim and recognition in their field of expertise. Examples of such documentation include:
widely recognized awards
membership in elite associations
evidence of published research papers
published articles about the applicant in the media

Outstanding professors and researchers with at least three years experience in teaching or research, who are recognized internationally.
*No labor certification required.
Certain executives and managers of multinational companies who have been employed for at least one of the preceding three years.
*No labor certification required.
II. Employment Second Preference (EB-2):
Quota: 28.6% of the annual total
Who is eligible:
Workers with graduate-level or professional degrees
Workers of "exceptional ability" in the arts, sciences or business.
*A labor certification may not be required if your presence will have a national and substantial benefit to the US in the future deriving from your talent or skills.
III. Employment Third Preference (EB-3):
Quota: 28.6% of the annual limit (less than 1/2 for unskilled workers
Waiting Period: seven years for unskilled workers; four years for professional and skilled workers from China and three years for the Philippines
Who is eligible:
Professionals with a baccalaureate degree
Skilled or unskilled workers with at least two years' training or experience
Workers capable of filling positions requiring less than two years' training or experience
IV. Employment Fourth Preference (EB-4):
Quota: 7.1% of the annual limit
Waiting Period: 8 months
Who is eligible: Religious workers and other categories of workers and individuals
V. Employment Fifth Preference (EB-5)
or Investor Immigrant Visa:
Around 10,000 green cards (which grant permanent resident status) are made available each year to anyone investing at least $1,000,000 in a new or existing US business ($500,000 if the business is in an economically-depressed or rural area).
Half of these green cards are set aside for those who apply under a pilot program involving a USCIS Regional Center.
Quota: 7.1% of the annual limit
Waiting Period: none
Who is eligible:
Individual investors willing to invest $1,000,000 in US business or $500,000 in businesses located in economically-depressed ("targeted employment areas") or rural areas as designated by the US Office of Management and Budget.
The business must employ (or create full-time employment for) at least ten full-time workers exclusive of the investor and his or her dependents.
In the case of an existing business, the investor must increase the business's net worth or number of employees by 140% or retain all existing jobs in a troubled business that has lost 20 percent of its net worth over the past 12 to 24 months.
Accompanying relatives: Spouses and children of investor visa applicants can apply simultaneously for the same status.

Family Based Visas:
Immediate Relatives
Quota: None
Who is Eligible:
Spouses of US citizens
Widows/Widowers of US Citizens; must have been married to the deceased for at least two years and be widowed within two years of the application
Unmarried people under the age of 21 with at least one US citizen parent
Parents of US Citizens, if the citizen child is over the age of 21
Adopted children of US Citizens where the formal adopting relationship occurred before the child's 16th birthday
Stepchildren or stepparents of US Citizens where the family relationship began before the stepchild's 18th birthday
Important News: Immediate relatives waiting on the status of their green card applications may now apply for a temporary "K" visa which will allow them to live and work in the U.S. while waiting for their application to be processed. This visa must be issued outside the U.S.
Family preference categories:
Family First Preference:
Quota: 23,400 plus any unused 4th preference visas
Waiting Period: 2 years for all countries except the Philippines (11 years) and Mexico (4-5 years)
Who is Eligible: unmarried people with at least one US citizen parent
Family Second Preference:
Quota: 114,200 plus any unused 1st preference visas (and no less than 77% to 2A)
Waiting Period: 4 years for 2A, 6 years for 2B
Who is Eligible:
2A: Spouses of green-card holders and unmarried children under 21 of green-card holders
2B: Unmarried sons and daughters (over 21 years) of green-card holder
Family Third Preference:
Quota: 23,400 plus any unused 2nd preference visas
Waiting Period: At least three years for all countries except the Philippines (11 years) and Mexico (4-5 years)
Who is Eligible:
Married children of US Citizens
Family Fourth Preference:
Quota: 65,000 plus any unused 3rd preference visas
Waiting Period: Ten years for all countries except the Philippines (19 years)
Who is Eligible:
Siblings of US Citizens where the US Citizen is at least 21 years old
Fiancé(e) of a US Citizen:
Category: K-1 Visa (temporary)
Quotas: none
Limitations: this nonextendible, temporary visa lasts only 90 days. It is used primarily to bring a fiancé(e) into the country. Although it can be easily converted into a green card after marriage, this visa may take as long as eight months to obtain. It may be faster to apply for a green card after the marriage in the immediate relative category.
Student Visa (F1 and M1 Visas):
The US government provides an unlimited number of student visas to full-time academic or language students (F1 visas) and full-time vocational or nonacademic students (M1 visas) pursuing course work leading to a degree or certificate.
Length of Student Visa: for the length of the program. M1 visas have a maximum limit of one year.
Quotas: none
Visa Extensions: as necessary for completion of studies
Accompanying relatives of student visa holders are eligible for visas. They may stay in the U.S. but not work there.
In order to qualify for a student visa you must:
(1) be enrolling full-time in a US accredited school leading to an educational or vocational degree
(2) demonstrate a working knowledge of English sufficient to engage in English-only classes
(3) show evidence of sufficient monetary resources to study full-time without working
(4) intend to return home upon completion of your studies
!ALERT: New restrictions on visitors applying for student visas prohibit non-immigrants admitted in B visitor status from changing to student status unless they state an intention to study at the time of admission.
Definitions:
Accompanying Relative:
The spouse or child under the age of 21 of the holder of an immigrant or nonimmigrant visa, who is accompanying them to the US
Tourist/Visitor Visas:
The US government provides an unlimited number of non-immigrant business (B-1) and tourist (B-2) visas for temporary travel to the U.S. Application consists of a one-step process, and visas are often approved and issued in one day. Please see new proposed changes to USCIS rules regarding visitor visas below.
B Visa Applicants must:
(1) show proof of a home abroad
(2) intend to return home after their visit is over
(3) be physically present at a U.S. consulate or USCIS (formerly INS) office to apply
B Visa Extensions: B Visa extensions are granted only in cases that have resulted from "unexpected or compelling humanitarian reasons" such as medical treatment or a delay in the conclusion of a business matter. Extensions are granted in increments of a maximum of six months.
B-1 Visas (business travel visas)
Maximum Length of Stay: six months
Limited to:
(1) making investments
(2) buying goods
(3) attending seminars
(4) performing temporary work for a non-U.S. employer
Extension: up to six months at a time
B-2 Visas (tourist visas)
Maximum Length of Stay: The USCIS will determine a period of time that is "fair and reasonable for the completion of the purpose of the visit" If this period cannot be determined, the USCIS will grant a 30-day period of admission.
Limited to:
(1) tourists only; may not engage in business-related activities
(2) available for vacation-home owners staying up to six months at a time
Extension: up to six months at a time
!ALERT! New rules on B visitor visas April 8, 2002
Citing a need to further enhance US security, the USCIS (formerly INS) has proposed new tighter regulations on the issuing of B visitor visas for tourists and businesspeople. The new proposed rules will:
eliminate the minimum 6-month admission period for B-2 non-immigrant tourist visitors. The new admission period will be based on the amount of time needed to accomplish the purposed of the trip, usually 30 days.
reduce the maximum initial admission period from one year to six months for all B non-immigrant visitors
limit the conditions for which an extension of stay can be granted and reduce the length of that extension
prohibit non-immigrants admitted in B visitor status from changing to student status unless they state an intention to study at the time of admission.
an alien with a final order of removal must surrender to authorities within 30 days of issuance of that order. The new rule will deny discretionary relief to such persons.

DV-1 Visas (the "Green Card Lottery"):
55,000 visas are annually allotted in a random drawing to individuals from nations underrepresented in the total immigrant pool.

Other Statuses:
Refugee and Asylum Applications
Persons with a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion may be eligible to apply for asylum or refugee status in the U.S.
Temporary Protected Status
Granted to individuals from selected countries which the U.S. currently recognizes as unsafe. Allows individuals to remain in the U.S. for the duration of their status. Subject to a periodic USCIS review. Does not lead to a visa.
TN Status
Allows certain Mexican and Canadian workers to avoid the visa application process by proceeding directly to a U.S. port of entry and presenting the necessary documents.

The immigration process can be a difficult and frustrating process to navigate. Robert Rogers is an immigration attorney who focuses on assisting the client in understanding and working within the immigration environment in their efforts to resolve their immigration situation.

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Robert Rogers, Managing Attorney
Robert Rogers Law Firm, PA
2525 Ponce de Leon Blvd. #1250
Coral Gables, FL 33134
Phone: 1-786-220-0779
Fax: 1-305-397-1189