Unlike temporary visas, immigrant visas are given to foreign nationals who can stay on a more permanent basis. These visas qualify an individual for permanent residency in the United States. In order to achieve permanent residency, a foreign national must qualify for one of the following visas:
The foreign national must possess a special skill or knowledge with or without a job offer or labor certification.
EB-11 (Immigrants of Extraordinary Ability)
EB-12 (Outstanding Professors and Researchers)
EB-13 (Multinational Executives and Managers)
Similar to EB-1, except a United States employer must be willing to sponsor the immigrant's labor certification. The immigrant does not require to have a job yet.
EB-21 (National Interest Waiver)
The foreign national must possess a college degrees from the United States or a foreign equivalent. A United States employer must be willing to sponsor the immigrant's labor certification.
A religious worker that belongs to a denomination that has had a nonprofit organization within the United States for at least two years.
The foreign national must contribute from $500,000 to $1 million in some sort of new business in the United States.
Foreign nationals who are qualified nurses or physical therapists can qualify for a green card very quickly, without a labor certification.
B-1 visas are for people visiting the United States on business. Some work types that qualify a person for a B-1 visa are speaking engagements, independent research or sports competitions. B-1 visas last five to ten years, depending on how long the visa holder's I-94 card is valid.
All temporary work visas include:
Labor Certification / PERM
The permanent labor certification process (PERM) is the most common employment-based way to obtain permanent residency in the United States. The labor certification process often lasts about 18 months. The Department of Labor (DOL) spends much of that time trying to locate any U.S. workers who meet the employer's minimum requirements regarding education, experience, and training for the position. If the DOL finds a qualifying U.S. citizen, the employer may not request permanent resident status for the alien worker.
The Department of Labor (DOL), however, will not compel the employer to hire such a worker if one is located, as the process is only intended to be a testing of the relevant labor market.
Employers may not discourage U.S. workers from applying for the job, tell them that the position is already filled by a foreign national or tell them that recruitment has been undertaken solely for PERM / labor certification purposes.
Usually, when making out a list of job requirements for a position, an employer will make out loose guidelines to allow for a large pool of potential applicants. But this is unwise if you want to hire a foreign national; the DOL will easily find U.S. job applicants who meet the minimum requirements and thus reject the foreign labor certification.
It is important for an employer to make out strict job requirements. However, if the requirements seem too strict, the DOL might notice.
There are a few occupations that are in urgent demand in the United Sates that qualified people can skip the perm / labor certification process. One example is registered nurses and physical therapists, who simply must have nursing licensing in another country, have a job offer, and fill out Schedule A to be able to work in the United States.
K-1 visas allow the immigrant to stay in the United States for 90 days to marry his or her fiancé and apply for permanent residency.
K-2 visas are available for children of people who get K-1 visas.
K-3 visas allow the spouse of a U.S. citizen to be admitted to the United States as a non immigrant once the Form I-130 Petition for Alien Relative is filed by the U.S. citizen spouse for the immigrant. The immigrant must await the approval of the petition and the subsequent permanent resident status. The immigrant has an approved Form I-129F.
K-4 visas are available for children (unmarried and under 21 years of age) of an alien eligible for a K-3 visa.
F-2 visas are for the spouses and children of students in academic or language training programs. The students themselves enter on F-1 visas.
J-2 visas are reserved for spouses and children of exchange visitors, who come into the United States on J-1 visas.
L-2 visas are given to the immediate family members of L-1 visa holders, who are people transferred to the United States branch of an international company.
An E-2 visa holder may bring his or her spouse and minor unmarried children to the U.S. as dependents in the E-2 category.
H-1B visa holders may bring immediate family members under the H-4 visa.
Citizenship applications: all types, religious waivers.
Canadian College of Educators
2345 Standfield Road, Suite 302
Mississauga, ON L4Y 3Y3 CANADA
Tel. 905.896.0000 / Fax 905.896.9252