A) IMMIGRATION FILES:
Nonimmigrant Visas
Foreign Government Officials
A-1
Ambassador, public, minister, career, diplomatic or consular officer, and members of immediate family
A-2
Other foreign government official or employee, and members of immediate family.
A-3
Attendant, servant, or personal employee of A-1 and A-2, and members of immediate family.
Visitors
B-1
Temporary visitor for business
B-2
Temporary visitor for pleasure
Visa Waiver Program
Aliens in Transit
C-1
Alien in transit directly through U.S.
C-1D
Combined transit and crewman visa
C-2
Alien in transit to UN headquarters district under Section 11.(3), (4), or (5) of the Headquarters Agreement
C-3
Foreign government official, members of immediate family, attendant, servant, or personal employee, in transit
C-4
Transit without Visa, see TWOV
Crewmen
D-1
Crewmember departing on same vessel of arrival
D-2
Crewmember departing by means other than vessel of arrival
Treaty Traders and Treaty Inestors
E-1
Treaty Trader, spouse and children
E-2
Treaty Investor, spouse and children
Academic Students
F-1
Academic Student
F-2
Spouse or child of F-1
For Foreign Medical Graduates (see individual categories H-1B, J-1, O-1, TN, E-2)
Foreign Government Officials to International Organizations
G-1
Principal resident representative of recognized foreign member government to international organization, and members of immediate family.
G-2
Other representative of recognized foreign member government to international organization, and members of immediate family.
G-3
Representative of non-recognized or nonmember government to international organization, and members of immediate family
G-4
International organization officer or employee, and members of immediate family
G-5
Attendant, servant, or personal employee of G-1, G-2, G-3, G-4, or members of immediate family
Temporary Workers
H-1B
Specialty Occupations, DOD workers, fashion models
H-1C
Nurses going to work for up to three years in health professional shortage areas
H-2A
Temporary Agricultural Worker
H-2B
Temporary worker: skilled and unskilled
H-3
Trainee
H-4
Spouse or child of H-1, H-2, H-3
Foreign Media Representatives
I
Visas for foreign media representatives
Exchange Visitors
J-1
Visas for exchange visitors
J-2
Spouse or child of J-1
Fiance(e) of US Citizen
K-1
Fiance(e)
K-2
Minor child of K-1
K-3
Spouse of a U.S. Citizen (LIFE Act)
K-4
Child of K-3 (LIFE Act)
Intracompany Transferee
L-1A
Executive, managerial
L-1B
Specialized knowledge
L-2
Spouse or child of L-1
Vocational and Language Students
M-1
Vocational student or other nonacademic student
M-2
Spouse or child of M-1
N-8
Parent of alien classified SK-3 "Special Immigrant"
N-9
Child of N-8, SK-1, SK-2, or SK-4 "Special Immmigrant"
NAFTA North American Free Trade Agreement (NAFTA)
North Atlantic Treaty Organization
NATO-1
Principal Permanent Representative of Member State to NATO and resident members of official staff or immediate family
NATO-2
Other representatives of member State; Dependents of Member of a Force entering in accordance with the provisions of NATO Status-of-Forces agreement; Members of such a Force if issued visas
NATO-3
Official clerical staff accompanying Representative of Member State to NATO or immediate family
NATO-4
Official of NATO other than those qualified as NATO-1 and immediate family
NATO-5
Expert other than NATO officials qualified under NATO-4, employed on behalf of NATO and immediate family
NATO-6
Member of civilian component who is either accompanying a Force entering in accordance with the provisions of the NATO Status-of-Forces agreement; attached to an Allied headquarters under the protocol on the Status of International Military headquarters set up pursuant to the North Atlantic Treaty; and their dependents
NATO-7
Servant or personal employee of NATO-1, NATO-2, NATO-3, NATO-4, NATO-5, NATO-6, or immediate family
Workers with Extraordinary Abilities
O-1
Extraordinary ability in Sciences, Arts, Education, Business, or Athletics
O-2
Alien's (support) accompanying O-1
O-3
Spouse or child of O-1 or O-2
Athletes and Entertainers
P-1
Individual or team athletes
P-1
Entertainment groups
P-2
Artists and entertainers in reciprocal Exchange programs
P-3
Artists and entertainers in culturally unique programs
P-4
Spouse or child of P-1, 2, or 3
International Cultural Exchange Visitors
Q-1
International cultural exchange visitors
Q-2
Irish Peace Process Cultural and Training Program (Walsh Visas)
Q-3
Spouse or child of Q-2
Religious Workers
R-1
Religious workers
R-2
Spouse or child of R-1
Witness or Informant
S-5
Informant of criminal organization information
S-6
Informant of terrorism information
T Victims of a Severe Form of Trafficking in Persons
T-1
Victim of a severe form of trafficking in persons
T-2
Spouse of a victim of a severe form of trafficking in persons
T-3
Child of victim of a severe form of trafficking in persons
T-4
Parent of victim of a severe form of trafficking in persons (if T-1 victim is under 21 years of age)
North American Free Trade Agreement (NAFTA)
TN
Trade visas for Canadians and Mexicans
TD
Spouse or child accompanying TN-
Transit Without Visa
TWOV
Passenger
TWOV
Crew
U Victims of Certain Crimes
U-1
Victim of Certain Criminal Activity
U-2
Spouse of U-1
U-3
Child of U-1
U-4
Parent of U-1, if U-1 is under 21 years of age
Certain Second Preference Beneficiaries
V-1
Spouse of an LPR who is the principal beneficiary of a family-based petition (Form I-130) which was filed prior to December 21, 2000, and has been pending for at least three years
V-2
Child of an LPR who is the principal beneficiary of a family-based visa petition (Form I-130) that was filed prior to December 21, 2000, and has been pending for at least three years.
V-3
The derivative child of a V-1 or V-2
Humanitarian Parole
Temporary Protected Status (TPS)
TPS
Temporary Protected Status
PLEASE BE ADVISED THAT ALL IMMIGRATION CASES ARE GETTING VERY STRICT. CASES THAT HAVE BEEN APPROVED BEFORE MAY NOT GET APPROVED THE SECOND TIME.
a) Labor Certificates
- Sponsor petitioning for Employee
- Need approval from the Labor Department which takes from 3-4 years after submission of the Labor Certification Application (both Jersey and New York but can take longer than estimated time frame)
- After approval of the Labor Certification form I-140, I-485, I-760 can be submitted to Immigration (Additional 2-3 years, also can take longer than the additional time frame)
b) Adjustments
- Change of Status to a Permanent Resident through a Citizen (Family, Husband, or wife, etc.
- Takes about 2-3 years in New York and 6 months to 2 years in New Jersey (can take longer than estimated time frame)
c) Visas (B-1, B-2, F-1, H-1, M-1, R-1, H-1, E-2, L-1 etc.)
- Visa Applications take generally about 3 months to 6
months
I-Visa (Reporters, Press Visa)
F-1 Visa Application (Student Visa Application)
In order to apply for a F-1 Visa the following documents are needed: an I-20, a letter from I-20 issuing school is needed, copy of bank statements, copy of I-94, copy of visa, a copy of residential ID card (supplementary) and a copy of lease (supplementary). F-1 visas use form I-539 and basic personal information from the applicant needed are present address, foreign address and a resume.
H-1 Visa Application (Non-Immigrant Worker Visa Application)
In order to apply for a H-1 Visa information from the company also known as petitioner and the beneficiary’s (the person who is getting sponsored) information are needed. The following information is needed from the company: Company’s Gross Annual Income, company’s Net Annual income, company employer identification number, company address, name and title of the petitioner, number of employees in the company, number of employees that the beneficiary will supervise, brief introduction to the company (foundation, nature of business, business plan, etc., description of the position, title the beneficiary will received, job duties of the beneficiary, salary of beneficiary, duration of employment for the beneficiary, and whether beneficiary will work part-time or full- time. The following information is needed form the beneficiary: a copy of certificate of Graduation a.k.a. diploma, transcript, a copy of work experience, resume, copy of I-94, a copy of visa, home address, & home country address. H-1 Visas use form I-129 and I-539.
R-1 Visa Application (Religious Worker Visa Application)
In order to apply for a R-1 Visa information on the petitioner (sponsor) and beneficiary are needed. The following information of the petitioner (sponsor) who is a religious entity are needed: address and telephone number, support letter, financial statement, a certificate of incorporation, a certificate of tax exemption, brochure, gross income, net income, description of position, title, job duties, salary, duration of employment, part-time or full-time, by-laws, minutes of consistory meeting and a letter of recommendation from a previous religious entity that states your time of employment, title, denomination. The following information is needed for the beneficiary: a copy of visa, passport, family registration, a certificate of graduation, a certificate of transcript, a letter of experience, resume (focused on religious activities). These information gets inputted on form I-129 and I-539.
TIPS FOR U.S. VISAS:
Temporary Religious Workers
The Immigration and Nationality Act provides a nonimmigrant visa category "R" for aliens proceeding to the United States to work in a religious capacity.
DEFINITION OF RELIGIOUS WORKERS
Religious workers include ministers of religion who are authorized by a recognized denomination to conduct religious worship and perform other duties usually performed by members of the clergy such as administering the sacraments, or their equivalent. The term does not apply to lay preachers. A religious vocation means a calling to religious life, evidenced by the demonstration of a lifelong commitment, such as taking vows. Examples include nuns, monks, and religious brothers and sisters. A religious occupation means a habitual engagement in an activity which relates to a traditional religious function. Examples include liturgical workers, religious instructors or cantors, catechists, workers in religious hospitals, missionaries, religious translators, or religious broadcasters. It does not include janitors, maintenance workers, clerks, fund raisers, solicitors of donations, or similar occupations. The activity of a lay-person who will be engaged in a religious occupation must relate to a traditional religious function: i.e., the activity must embody the tenets of the religion and have religious significance, relating primarily, if not exclusively, to matters of the spirit as they apply to the religion.
BACKGROUND REQUIREMENTS
The applicant must be a member of a religious denomination having a bona fide nonprofit religious organization in the U.S.;
The religious denomination and its affiliate, if applicable, are exempt from taxation, or the religious denomination qualifies for tax- exempt status;
The applicant has been a member of the denomination for two years immediately preceding admission;
The applicant is entering the United States solely to carry on the vocation of a minister of that denomination, or, at the request of the organization, the applicant is entering the United States to work in a religious vocation or occupation for the denomination or for an organization affiliated with the denomination, whether in a professional capacity or not; and
The applicant has resided and been physically present outside the United States for the immediate prior year if he or she has previously spent five years in this classification.
APPLYING FOR THE VISA
Religious workers should generally apply at the U.S. Embassy or Consulate with jurisdiction over their place of permanent residence. Although visa applicants may apply at any U.S. consular office abroad, it may be more difficult to apply. There is no requirement that applicants for R visas have a residence abroad which they have no intention of abandoning, but they must intend to depart the United States at the end of their lawful status.
Required Documentation
Each applicant for the visa must pay a nonrefundable US$45 application fee and submit:
(1) An application form DS-156, completed and signed. Blank forms are available without charge at all U.S. consular offices;
(2) A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States. If more than one person is included in the passport, each person desiring a visa must make an application;
(3) One photograph 1 and 1/2 inches square (37x37mm) for each applicant, showing full face, without head covering, against a light background.
Additional Documentation
The applicant must be prepared to present to the consular officer any or all of the following documentation to verify that the applicant and the religious organization qualify for the R status:
(1) Proof of tax-exempt status or eligibility for tax-exempt status,
and
(2) A letter from an authorized official of the specific unit of the employing organization certifying:
That if the applicant's religious membership was maintained, in whole or in part, outside the United States, the foreign and United States religious organizations belong to the same religious denomination;
That, immediately prior to the application for the R visa, the alien has been a member of the religious denomination for the required two- year period;
That, (as appropriate):
If the applicant is a minister, he or she is authorized to conduct religious worship for that denomination. The duties should be described in detail; or
If the applicant is a religious professional, he or she has at least a baccalaureate degree or equivalent, and that such a degree is required for entry into the religious profession; or
If the applicant is to work in a nonprofessional vocation or occupation, he or she is qualified if the type of work to be done relates to a traditional religious function;
The arrangements for remuneration, including the amount and source of salary, other types of compensation such as food and housing, and any other benefits to which a monetary value may be affixed, and a statement whether such remuneration shall be in exchange for services rendered;
The name and location of the specific organizational unit of the religious denomination or affiliate for which the applicant will be providing services; and
If the alien is to work for an organization which is affiliated with a religious denomination, a description of the nature of the relationship between the two organizations:
evidence of the religious organization's assets and methods of operation;
and
the organization's papers of incorporation under applicable state law.
U.S. PORT OF ENTRY
Applicants should be aware that a visa does not guarantee entry into the United States. The U.S. Immigration and Naturalization Service (INS) has authority to deny admission. Also, the period for which the bearer of a religious worker visa is authorized to remain in the United States is determined by the INS, not the consular officer. At the port of entry, an INS official must authorize the traveler's admission to the U.S. At that time the INS Form I-94, Record of Arrival-Departure, which notes the length of stay permitted, is validated. Those visitors who wish to stay beyond the time indicated on their Form I-94 must contact the INS to request Form I-539, Extension of Stay. The decision to grant or deny a request for extension of stay is made solely by the INS.
ADDITIONAL INFORMATION
Family Members
A nonimmigrant religious worker's spouse and unmarried children under 21 years of age may be granted derivative status. They may study but may not accept employment in the United States.
Time Limits
Holders of R visas may remain in the U.S. for up to five years to pursue their calling.
FURTHER INQUIRIES
Questions on qualifications for the religious worker classification and visa application procedures should be made to the American consular office abroad where the applicant intends to apply. Questions on conditions and limitations on employment should be made to the local INS office.
UNITED STATES DEPARTMENT OF STATE
Bureau of Consular Affairs
Visa Services
Return to Visa Services Page
General visa questions may be directed via e-mail to the State Department by clicking here. Due to the volume of inquiries, Visa Services cannot promise an immediate reply to your inquiry. However, to serve you better, please indicate the subject of your inquiry on the subject line (e.g., student visa, visitor visa, worker visa, spouse visa, affidavit of support, etc.) Inquiries on visa cases in progress overseas should contact the appropriate U.S. Embassy or Consulate handling your case.
E-1
Fee: $ 3000
Ø More than three year experience in the mother company
Ø More than one year experience in the mother company just before the petition
Ø Evidence of trade between the mother company and the U.S.
L-1
$ 3000
Ø More than three year experience in the mother company
Ø More than one year experience as a specialist or executive in the company
Ø No direct trade with the U.S is ok
E-2
Fee: $ 3000
Ø Evidence of substantial investment
· Business plan
· International money transfer
Ø Active investment
· Lease
· Bank account
· Financial statement
· Plan of employment
Tips for U.S. Visas:
EMPLOYMENT-BASED VISAS
The Immigration and Nationality Act provides a yearly minimum of 140,000 employment-based immigrant visas which are divided into five preference categories. They may require a labor certification from the U.S. Department of Labor (DOL), and the filing of a petition with the Immigration and Naturalization Service (INS).
CATEGORIES
Employment First Preference (E1)
Priority Workers receive 28.6 percent of the yearly worldwide limit. All Priority Workers must be the beneficiaries of an approved Form I- 140, Immigrant Petition for Foreign Worker, filed with INS. Within this preference there are three sub-groups:
Persons of extraordinary ability in the sciences, arts, education, business, or athletics. Applicants in this category must have extensive documentation showing sustained national or international acclaim and recognition in the field of expertise. Such applicants do not have to have a specific job offer so long as they are entering the U.S. to continue work in the field in which they have extraordinary ability. Such applicants can file their own petition with the INS, rather than through an employer;
Outstanding professors and researchers with at least three years experience in teaching or research, who are recognized internationally. No labor certification is required for this classification, but the prospective employer must provide a job offer and file a petition with the INS; and
Certain executives and managers who have been employed at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer. The applicant must be coming to work in a managerial or executive capacity. No labor certification is required for this classification, but the prospective employer must provide a job offer and file a petition with the INS.
Employment Second Preference (E2)
Professionals Holding Advanced Degrees, or Persons of Exceptional Ability in the Arts, Sciences, or Business receive 28.6 percent of the yearly worldwide limit, plus any unused Employment First Preference visas. All Second Preference applicants must have a labor certification approved by the DOL, or Schedule A designation, or establish that they qualify for one of the shortage occupations in the Labor Market Information Pilot Program (later). A job offer is required and the U.S. employer must file a petition on behalf of the applicant. Aliens may apply for exemption from the job offer and labor certification if the exemption would be in the national interest, in which case the alien may file the petition, Form I-140, along with evidence of the national interest. There are two subgroups within this category:
Professionals holding an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree and at least five years progressive experience in the profession; and
Persons with exceptional ability in the arts, sciences, or business. Exceptional ability means having a degree of expertise significantly above that ordinarily encountered within the field.
Employment Third Preference (E3)
Skilled Workers, Professionals Holding Baccalaureate Degrees and Other Workers receive 28.6 percent of the yearly worldwide limit, plus any unused Employment First and Second Preference visas. All Third Preference applicants require an approved I-140 petition filed by the prospective employer. All such workers require a labor certification, or Schedule A designation, or evidence that they qualify for one of the shortage occupations in the Labor Market Information Pilot Program. There are three subgroups within this category:
Skilled workers are persons capable of performing a job requiring at least two years' training or experience;
Professionals with a baccalaureate degree are members of a profession with at least a university bachelor's degree; and
Other workers are those persons capable of filling positions requiring less than two years' training or experience.
Employment Fourth Preference (E4)
Special Immigrants receive 7.1 percent of the yearly worldwide limit. All such applicants must be the beneficiary of an approved I-360, Petition for Special Immigrant, except overseas employees of the U.S. Government who must use Form DS-1884. There are six subgroups:
1) Religious workers coming to carry on the vocation of a minister of religion, or to work in a professional capacity in a religious vocation, or to work for a tax-exempt organization affiliated with a religious denomination;
2) Certain overseas employees of the U.S. Government;
3) Former employees of the Panama Canal Company;
4) Retired employees of international organizations;
5) Certain dependents of international organization employees; and
6) Certain members of the U.S. Armed Forces.
Employment Fifth Preference (E5)
Employment Creation Investors receive 7.1 percent of the yearly worldwide limit. All applicants must file a Form I-526, Immigrant Petition by Alien Entrepreneur, with the INS. To qualify, an alien must invest between U.S. $500,000 and $1,000,000, depending on the employment rate in the geographical area, in a commercial enterprise in the United States which creates at least 10 new full-time jobs for U.S. citizens, permanent resident aliens, or other lawful immigrants, not including the investor and his or her family.
LABOR CERTIFICATION
A person whose occupation requires a labor certification must have prearranged employment in the United States.
Individual Labor Certification
The applicant must complete DOL Form ETA-750B, Statement of Qualifications of Alien, and send this completed form to the prospective employer who completes Form ETA-750A, Application for Alien Employment Certification, Offer of Employment. The prospective employer submits both forms to the local office of the State Employment Service in the area in the United States where the work will be performed. The employer will then be notified by the appropriate regional office of the DOL of its approval or disapproval.
Schedule A Designation
The Department of Labor has made a schedule of occupations for which it delegates authority to the INS to approve labor certifications. Schedule A, Group I, includes physical therapists and nurses. Schedule A, Group II includes aliens of exceptional ability in the sciences and arts (except performing arts). To apply for Schedule A designation, the employer must submit a completed, uncertified Form ETA-750 in duplicate to the INS along with the I-140 petition.
Labor Market Information Pilot Program
The Immigration Act of 1990 provides for the DOL to establish a Labor Market Information Pilot Program which will define up to ten occupational classifications in which there are labor shortages. For aliens within a listed shortage occupation, a labor certification will be deemed to have been issued for purposes of an employment-based immigrant petition. The INS can provide further information.
PETITION
All intending immigrants who plan to base their immigrant visa application on employment in the United States must obtain an approved immigrant visa petition from the INS. If a necessary labor certification is granted, the employer may then file a Form I-140, Petition for Prospective Immigrant Employee, with the INS for the appropriate employment-based preference category.
VISA INELIGIBILITY / WAIVER
The immigration laws of the United States, in order to protect the health, welfare, and security of the U.S., prohibit the issuance of a visa to certain applicants. Examples of applicants who must be refused visas are those who: have a communicable disease, or have a dangerous physical or mental disorder; have committed serious criminal acts; are terrorists, subversives, members of a totalitarian party, or former Nazi war criminals; have used illegal means to enter the U.S.; or are ineligible for citizenship. Some former exchange visitors must live abroad for two years. Physicians who intend to practice medicine must pass a qualifying exam before receiving immigrant visas. If found to be ineligible, the consular officer will advise the applicant of any waivers.
OTHER IMPORTANT INFORMATION
Documents for Visa Application
All applicants must submit certain personal documents such as passports, birth certificates, police certificates, and other civil documents, as well as evidence that they will not become public charges in the United States. The consular officer will inform visa applicants of the documents needed as their applications are processed.
Medical Examinations
Before the issuance of an immigrant visa, every applicant, regardless of age, must undergo a medical examination. The examination will be conducted by a doctor designated by the consular officer. Examination costs must be borne by the applicant, in addition to the visa fees.
Visa Fees
The cost of each formal immigrant visa application is US$260 for application and US$65 for issuance. Fees must be paid for each intending immigrant, regardless of age, and are not refundable. Local currency equivalents are acceptable. Fees should not be sent to the consular office unless requested specifically. The INS charges additional fees for filing petitions.
Numerical Limitations
Whenever there are more qualified applicants for a category than there are available numbers, the category will be considered oversubscribed, and immigrant visas will be issued in the chronological order in which the petitions were filed until the numerical limit for the category is reached. The filing date of a petition becomes the applicant's priority date. Immigrant visas cannot be issued until an applicant's priority date is reached. In certain heavily oversubscribed categories, there may be a waiting period of several years before a priority date is reached. Check the Visa Bulletin for the latest priority dates.
Miscellaneous
Since no advance assurances can be given that a visa will be issued, applicants are advised not to make any final travel arrangements, not to dispose of their property, and not to give up their jobs until visas have been issued to them. An immigrant visa can be valid for six months from issuance date.
With few exceptions, a person born in the United States has a claim to U.S. citizenship. Persons born in countries other than the U.S. may have a claim, under United States law, to U.S. nationality if either parent was:
-- Born or naturalized in the U.S., or
-- A U.S. citizen at the applicant's birth.
Any applicant believing he or she may have a claim to United States citizenship should not apply for a visa until his or her citizenship has been determined by the consular office.
FURTHER INQUIRIES
Further information about the specific categories of immigrant visas listed above and which category a potential employee may fall under can be obtained from your local INS office. Questions on the visa application procedures at the American consular office overseas should be addressed to that consular office.
UNITED STATES DEPARTMENT OF STATE
Bureau of Consular Affairs
Visa Services
February 1998
Return to Visa Services Page
General visa questions may be directed via e-mail to the State Department by clicking here. Due to the volume of inquiries, Visa Services cannot promise an immediate reply to your inquiry. However, to serve you better, please indicate the subject of your inquiry on the subject line (e.g., student visa, visitor visa, worker visa, spouse visa, affidavit of support, etc.) Inquiries on visa cases in progress overseas should contact the appropriate U.S. Embassy or Consulate handling your case.
B-1 Visa Document & Information
File: I-539
Check : $ 120
Document
§ A copy of return airplane ticket
§ A copy of financial statement
§ A copy of I-94
§ A copy of Visa
§ A copy of residential ID card
§ A copy of lease
§ Notarized Affidavit (Office work)
Personal Information
§ Present Address
§ Foreign Address
§ Job, interest, or future plan
General Naturalization Requirements
Age
Applicants must be at least 18 years old.
Refer to the section, Naturalized Citizen's Children under Waivers, Exceptions, and Special Cases for information on applicants who are less than 18 years old.
See Also INA 334
Residency
An applicant must have been lawfully admitted to the United States for permanent residence. Lawfully admitted for permanent residence means having been legally accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws. Individuals who have been lawfully admitted as permanent residents will be asked to produce an I-551, Alien Registration Receipt Card, as proof of their status.
See Also INA 316
Residence and Physical Presence
An applicant is eligible to file if, immediately preceding the filing of the application, he or she:
· has been lawfully admitted for permanent residence (see preceding section);
· has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with absences from the United States totaling no more than one year;
· has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year break the continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)
· has resided within a state or district for at least three months
Good Moral Character
Generally, an applicant must show that he or she has been a person of good moral character for the statutory period (typically five years or three years if married to a U.S. citizen or one year for Armed Forces expedite) prior to filing for naturalization. The Service is not limited to the statutory period in determining whether an applicant has established good moral character. An applicant is permanently barred from naturalization if he or she has ever been convicted of murder. An applicant is also permanently barred from naturalization if he or she has been convicted of an aggravated felony as defined in section 101(a)(43) of the Act on or after November 29, 1990. A person also cannot be found to be a person of good moral character if during the last five years he or she:
· has committed and been convicted of one or more crimes involving moral turpitude
· has committed and been convicted of 2 or more offenses for which the total sentence imposed was 5 years or more
· has committed and been convicted of any controlled substance law, except for a single offense of simple possession of 30 grams or less of marijuana
· has been confined to a penal institution during the statutory period, as a result of a conviction, for an aggregate period of 180 days or more
· has committed and been convicted of two or more gambling offenses
· is or has earned his or her principle income from illegal gambling
· is or has been involved in prostitution or commercialized vice
· is or has been involved in smuggling illegal aliens into the United States
· is or has been a habitual drunkard
· is practicing or has practiced polygamy
· has willfully failed or refused to support dependents
· has given false testimony, under oath, in order to receive a benefit under the Immigration and Nationality Act.
An applicant must disclose all relevant facts to the Service, including his or her entire criminal history, regardless of whether the criminal history disqualifies the applicant under the enumerated provisions.
See Also INA 316
Attachment to the Constitution
An applicant must show that he or she is attached to the principles of the Constitution of the United States.
See Also INA 316
Language
Applicants for naturalization must be able to read, write, speak, and understand words in ordinary usage in the English language. Applicants exempt from this requirement are those who on the date of filing:
· have been residing in the United States subsequent to a lawful admission for permanent residence for at least 15 years and are over 55 years of age;
· have been residing in the United States subsequent to a lawful admission for permanent residence for at least 20 years and are over 50 years of age; or
· have a medically determinable physical or mental impairment, where the impairment affects the applicant’s ability to learn English.
See Also INA 312
United States Government and History Knowledge
An applicant for naturalization must demonstrate a knowledge and understanding of the fundamentals of the history and of the principles and form of government of the United States. Applicants exempt from this requirement are those who, on the date of filing, have a medically determinable physical or mental impairment, where the impairment affects the applicant’s ability to learn U.S. History and Government
Applicants who have been residing in the U.S. subsequent to a lawful admission for permanent residence for at least 20 years and are over the age of 65 will be afforded special condsideration in satisfying this requirement.
See Also INA 312
Test Yourself on U.S. History
100 Sample U.S. History Questions with Answers
[+30] Government and History Texts US M288, US M289, US M291 -Indexed with links by section - (LINK to INSERTS)
Oath of Allegiance
To become a citizen, one must take the oath of allegiance. By doing so, an applicant swears to:
· support the Constitution and obey the laws of the U.S.;
· renounce any foreign allegiance and/or foreign title; and
· bear arms for the Armed Forces of the U.S. or perform services for the government of the U.S. when required.
In certain instances, where the applicant establishes that he or she is opposed to any type of service in armed forces based on religious teaching or belief, INS will permit these applicants to take a modified oath.
Read the Oath of Allegiance
See Also INA 337
Waivers, Exceptions, and Special Cases
Spouses of U.S. Citizens
Generally, certain lawful permanent residents married to a U.S. citizen may file for naturalization after residing continuously in the United States for three years if immediately preceding the filing of the application:
· the applicant has been married to and living in a valid marital union with the same U.S. citizen spouse for all three years;
· the U.S. spouse has been a citizen for all three years and meets all physical presence and residence requirements; and
· the applicant meets all other naturalization requirements.
There are also exceptions for lawful permanent residents married to U.S. citizens stationed or employed abroad. Some lawful permanent residents may not have to comply with the residence or physical presence requirements when the U.S. citizen spouse is employed by one of the following:
· the U.S. Government (including the U.S. Armed Forces);
· American research institutes recognized by the Attorney General;
· recognized U.S. religious organizations;
· U.S. research institutions;
· an American firm engaged in the development of foreign trade and commerce of the United States; or
· certain public international organizations involving the United States.
See Also INA 319, INA 316
Children
There are several ways foreign-born children of U.S. citizens may obtain evidence of citizenship:
Generally, U.S. citizen parents of children born abroad may file a N-600 Application for Certificate of Citizenship. This form should be completed in accordance with the instructions provided and should be accompanied by 2 photographs of the child, copies of any documents that verify eligibility, and the required filing fee to be considered complete and ready to process.
Important note: Children born abroad of U.S. citizen parents derive citizenship from their parents. The Certificate of Citizenship is merely a record of citizenship - it does not confer citizenship on an applicant.
Adopted children of citizen parents acquire citizenship. For adopted children, adoptive parents file an N-643 instead of an N-600. However, adopted children over 18 must file an N-400.
For answers to more specific questions regarding naturalization of children, please contact your local INS office.
See Also INA 320, INA 321, INA 322
Veterans of U.S. Armed Forces
Certain applicants who have served in the U.S. Armed Forces are eligible to file for naturalization based on current or prior U.S. military service. Such applicants should file the N-400 Military Naturalization Packet.
Lawful Permanent Residents with Three Years U.S. Military Service
An applicant who has served for three years in the U.S. military and who is a lawful permanent resident is excused from any specific period of required residence, period of residence in any specific place, or physical presence within the United States if an application for naturalization is filed while the applicant is still serving or within six months of an honorable discharge.
To be eligible for these exemptions, an applicant must:
· have served honorably or separated under honorable conditions;
· completed three years or more of military service;
· be a legal permanent resident at the time of his or her examination on the application; or
· establish good moral character if service was discontinuous or not honorable.
Applicants who file for naturalization more than six months after termination of three years of service in the U.S. military may count any periods of honorable service as residence and physical presence in the United States.
Veterans who have served honorably in any of the periods of armed conflict with hostile foreign forces specified below
An applicant who has served honorably during any of the following periods of conflict is entitled to certain considerations:
· World War I - 4/16/17 to 11/11/18;
· World War II - 9/1/39 to 12/31/46;
· Korean Conflict - 6/25/50 to 7/1/55;
· Vietnam Conflict - 2/28/61 to 10/15/78;
· Operation Desert Shield/ Desert Storm - 8/29/90 to 4/11/91; or
· any other period which the President, by Executive Order, has designated as a period in which the Armed Forces of the United States are or were engaged in military operations involving armed conflict with hostile foreign forces.
Applicants who have served during any of the aforementioned conflicts may apply for naturalization based on military service after qualifying service and the requirements for specific periods of physical presence in the United States and residence in the United States are waived.
See Also INA 328, INA 329
Grounds for Eligibility
The Immigration and Naturalization Service has other specific grounds for Naturalization. For additional information, please review the instructions on an N-400 Application for Naturalization and/or contact your local District Office.
Work Authorization
2 x Photos (Quarter / Right ear)
Good Copy of Work Authorization Card
Application
I-765 (Application for Work Authorization)
$120.00 – Filing Fee
$ 50.00 – Legal Fees
Naturalization
4 x Photos (Quarter / Right ear)
N-400 (application for Naturalization
$260.00 – Filing Fee
$ 50.00 – Fingerprint
$200.00 – Legal Fees
Travel Documents
2 x Photos (Quarter / Right ear)
I-131 (Application for Travel Documents
Copy of Alien Registration Receipt Card
Evidence of why Travel Document is needed
$110.00 – Filing Fee
$250.00 – Legal Fees
to be continued
Nonimmigrant Visas
Foreign Government Officials
A-1
Ambassador, public, minister, career, diplomatic or consular officer, and members of immediate family
A-2
Other foreign government official or employee, and members of immediate family.
A-3
Attendant, servant, or personal employee of A-1 and A-2, and members of immediate family.
Visitors
B-1
Temporary visitor for business
B-2
Temporary visitor for pleasure
Visa Waiver Program
Aliens in Transit
C-1
Alien in transit directly through U.S.
C-1D
Combined transit and crewman visa
C-2
Alien in transit to UN headquarters district under Section 11.(3), (4), or (5) of the Headquarters Agreement
C-3
Foreign government official, members of immediate family, attendant, servant, or personal employee, in transit
C-4
Transit without Visa, see TWOV
Crewmen
D-1
Crewmember departing on same vessel of arrival
D-2
Crewmember departing by means other than vessel of arrival
Treaty Traders and Treaty Inestors
E-1
Treaty Trader, spouse and children
E-2
Treaty Investor, spouse and children
Academic Students
F-1
Academic Student
F-2
Spouse or child of F-1
For Foreign Medical Graduates (see individual categories H-1B, J-1, O-1, TN, E-2)
Foreign Government Officials to International Organizations
G-1
Principal resident representative of recognized foreign member government to international organization, and members of immediate family.
G-2
Other representative of recognized foreign member government to international organization, and members of immediate family.
G-3
Representative of non-recognized or nonmember government to international organization, and members of immediate family
G-4
International organization officer or employee, and members of immediate family
G-5
Attendant, servant, or personal employee of G-1, G-2, G-3, G-4, or members of immediate family
Temporary Workers
H-1B
Specialty Occupations, DOD workers, fashion models
H-1C
Nurses going to work for up to three years in health professional shortage areas
H-2A
Temporary Agricultural Worker
H-2B
Temporary worker: skilled and unskilled
H-3
Trainee
H-4
Spouse or child of H-1, H-2, H-3
Foreign Media Representatives
I
Visas for foreign media representatives
Exchange Visitors
J-1
Visas for exchange visitors
J-2
Spouse or child of J-1
Fiance(e) of US Citizen
K-1
Fiance(e)
K-2
Minor child of K-1
K-3
Spouse of a U.S. Citizen (LIFE Act)
K-4
Child of K-3 (LIFE Act)
Intracompany Transferee
L-1A
Executive, managerial
L-1B
Specialized knowledge
L-2
Spouse or child of L-1
Vocational and Language Students
M-1
Vocational student or other nonacademic student
M-2
Spouse or child of M-1
N-8
Parent of alien classified SK-3 "Special Immigrant"
N-9
Child of N-8, SK-1, SK-2, or SK-4 "Special Immmigrant"
NAFTA North American Free Trade Agreement (NAFTA)
North Atlantic Treaty Organization
NATO-1
Principal Permanent Representative of Member State to NATO and resident members of official staff or immediate family
NATO-2
Other representatives of member State; Dependents of Member of a Force entering in accordance with the provisions of NATO Status-of-Forces agreement; Members of such a Force if issued visas
NATO-3
Official clerical staff accompanying Representative of Member State to NATO or immediate family
NATO-4
Official of NATO other than those qualified as NATO-1 and immediate family
NATO-5
Expert other than NATO officials qualified under NATO-4, employed on behalf of NATO and immediate family
NATO-6
Member of civilian component who is either accompanying a Force entering in accordance with the provisions of the NATO Status-of-Forces agreement; attached to an Allied headquarters under the protocol on the Status of International Military headquarters set up pursuant to the North Atlantic Treaty; and their dependents
NATO-7
Servant or personal employee of NATO-1, NATO-2, NATO-3, NATO-4, NATO-5, NATO-6, or immediate family
Workers with Extraordinary Abilities
O-1
Extraordinary ability in Sciences, Arts, Education, Business, or Athletics
O-2
Alien's (support) accompanying O-1
O-3
Spouse or child of O-1 or O-2
Athletes and Entertainers
P-1
Individual or team athletes
P-1
Entertainment groups
P-2
Artists and entertainers in reciprocal Exchange programs
P-3
Artists and entertainers in culturally unique programs
P-4
Spouse or child of P-1, 2, or 3
International Cultural Exchange Visitors
Q-1
International cultural exchange visitors
Q-2
Irish Peace Process Cultural and Training Program (Walsh Visas)
Q-3
Spouse or child of Q-2
Religious Workers
R-1
Religious workers
R-2
Spouse or child of R-1
Witness or Informant
S-5
Informant of criminal organization information
S-6
Informant of terrorism information
T Victims of a Severe Form of Trafficking in Persons
T-1
Victim of a severe form of trafficking in persons
T-2
Spouse of a victim of a severe form of trafficking in persons
T-3
Child of victim of a severe form of trafficking in persons
T-4
Parent of victim of a severe form of trafficking in persons (if T-1 victim is under 21 years of age)
North American Free Trade Agreement (NAFTA)
TN
Trade visas for Canadians and Mexicans
TD
Spouse or child accompanying TN-
Transit Without Visa
TWOV
Passenger
TWOV
Crew
U Victims of Certain Crimes
U-1
Victim of Certain Criminal Activity
U-2
Spouse of U-1
U-3
Child of U-1
U-4
Parent of U-1, if U-1 is under 21 years of age
Certain Second Preference Beneficiaries
V-1
Spouse of an LPR who is the principal beneficiary of a family-based petition (Form I-130) which was filed prior to December 21, 2000, and has been pending for at least three years
V-2
Child of an LPR who is the principal beneficiary of a family-based visa petition (Form I-130) that was filed prior to December 21, 2000, and has been pending for at least three years.
V-3
The derivative child of a V-1 or V-2
Humanitarian Parole
Temporary Protected Status (TPS)
TPS
Temporary Protected Status
PLEASE BE ADVISED THAT ALL IMMIGRATION CASES ARE GETTING VERY STRICT. CASES THAT HAVE BEEN APPROVED BEFORE MAY NOT GET APPROVED THE SECOND TIME.
a) Labor Certificates
- Sponsor petitioning for Employee
- Need approval from the Labor Department which takes from 3-4 years after submission of the Labor Certification Application (both Jersey and New York but can take longer than estimated time frame)
- After approval of the Labor Certification form I-140, I-485, I-760 can be submitted to Immigration (Additional 2-3 years, also can take longer than the additional time frame)
b) Adjustments
- Change of Status to a Permanent Resident through a Citizen (Family, Husband, or wife, etc.
- Takes about 2-3 years in New York and 6 months to 2 years in New Jersey (can take longer than estimated time frame)
c) Visas (B-1, B-2, F-1, H-1, M-1, R-1, H-1, E-2, L-1 etc.)
- Visa Applications take generally about 3 months to 6
months
I-Visa (Reporters, Press Visa)
F-1 Visa Application (Student Visa Application)
In order to apply for a F-1 Visa the following documents are needed: an I-20, a letter from I-20 issuing school is needed, copy of bank statements, copy of I-94, copy of visa, a copy of residential ID card (supplementary) and a copy of lease (supplementary). F-1 visas use form I-539 and basic personal information from the applicant needed are present address, foreign address and a resume.
H-1 Visa Application (Non-Immigrant Worker Visa Application)
In order to apply for a H-1 Visa information from the company also known as petitioner and the beneficiary’s (the person who is getting sponsored) information are needed. The following information is needed from the company: Company’s Gross Annual Income, company’s Net Annual income, company employer identification number, company address, name and title of the petitioner, number of employees in the company, number of employees that the beneficiary will supervise, brief introduction to the company (foundation, nature of business, business plan, etc., description of the position, title the beneficiary will received, job duties of the beneficiary, salary of beneficiary, duration of employment for the beneficiary, and whether beneficiary will work part-time or full- time. The following information is needed form the beneficiary: a copy of certificate of Graduation a.k.a. diploma, transcript, a copy of work experience, resume, copy of I-94, a copy of visa, home address, & home country address. H-1 Visas use form I-129 and I-539.
R-1 Visa Application (Religious Worker Visa Application)
In order to apply for a R-1 Visa information on the petitioner (sponsor) and beneficiary are needed. The following information of the petitioner (sponsor) who is a religious entity are needed: address and telephone number, support letter, financial statement, a certificate of incorporation, a certificate of tax exemption, brochure, gross income, net income, description of position, title, job duties, salary, duration of employment, part-time or full-time, by-laws, minutes of consistory meeting and a letter of recommendation from a previous religious entity that states your time of employment, title, denomination. The following information is needed for the beneficiary: a copy of visa, passport, family registration, a certificate of graduation, a certificate of transcript, a letter of experience, resume (focused on religious activities). These information gets inputted on form I-129 and I-539.
TIPS FOR U.S. VISAS:
Temporary Religious Workers
The Immigration and Nationality Act provides a nonimmigrant visa category "R" for aliens proceeding to the United States to work in a religious capacity.
DEFINITION OF RELIGIOUS WORKERS
Religious workers include ministers of religion who are authorized by a recognized denomination to conduct religious worship and perform other duties usually performed by members of the clergy such as administering the sacraments, or their equivalent. The term does not apply to lay preachers. A religious vocation means a calling to religious life, evidenced by the demonstration of a lifelong commitment, such as taking vows. Examples include nuns, monks, and religious brothers and sisters. A religious occupation means a habitual engagement in an activity which relates to a traditional religious function. Examples include liturgical workers, religious instructors or cantors, catechists, workers in religious hospitals, missionaries, religious translators, or religious broadcasters. It does not include janitors, maintenance workers, clerks, fund raisers, solicitors of donations, or similar occupations. The activity of a lay-person who will be engaged in a religious occupation must relate to a traditional religious function: i.e., the activity must embody the tenets of the religion and have religious significance, relating primarily, if not exclusively, to matters of the spirit as they apply to the religion.
BACKGROUND REQUIREMENTS
The applicant must be a member of a religious denomination having a bona fide nonprofit religious organization in the U.S.;
The religious denomination and its affiliate, if applicable, are exempt from taxation, or the religious denomination qualifies for tax- exempt status;
The applicant has been a member of the denomination for two years immediately preceding admission;
The applicant is entering the United States solely to carry on the vocation of a minister of that denomination, or, at the request of the organization, the applicant is entering the United States to work in a religious vocation or occupation for the denomination or for an organization affiliated with the denomination, whether in a professional capacity or not; and
The applicant has resided and been physically present outside the United States for the immediate prior year if he or she has previously spent five years in this classification.
APPLYING FOR THE VISA
Religious workers should generally apply at the U.S. Embassy or Consulate with jurisdiction over their place of permanent residence. Although visa applicants may apply at any U.S. consular office abroad, it may be more difficult to apply. There is no requirement that applicants for R visas have a residence abroad which they have no intention of abandoning, but they must intend to depart the United States at the end of their lawful status.
Required Documentation
Each applicant for the visa must pay a nonrefundable US$45 application fee and submit:
(1) An application form DS-156, completed and signed. Blank forms are available without charge at all U.S. consular offices;
(2) A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States. If more than one person is included in the passport, each person desiring a visa must make an application;
(3) One photograph 1 and 1/2 inches square (37x37mm) for each applicant, showing full face, without head covering, against a light background.
Additional Documentation
The applicant must be prepared to present to the consular officer any or all of the following documentation to verify that the applicant and the religious organization qualify for the R status:
(1) Proof of tax-exempt status or eligibility for tax-exempt status,
and
(2) A letter from an authorized official of the specific unit of the employing organization certifying:
That if the applicant's religious membership was maintained, in whole or in part, outside the United States, the foreign and United States religious organizations belong to the same religious denomination;
That, immediately prior to the application for the R visa, the alien has been a member of the religious denomination for the required two- year period;
That, (as appropriate):
If the applicant is a minister, he or she is authorized to conduct religious worship for that denomination. The duties should be described in detail; or
If the applicant is a religious professional, he or she has at least a baccalaureate degree or equivalent, and that such a degree is required for entry into the religious profession; or
If the applicant is to work in a nonprofessional vocation or occupation, he or she is qualified if the type of work to be done relates to a traditional religious function;
The arrangements for remuneration, including the amount and source of salary, other types of compensation such as food and housing, and any other benefits to which a monetary value may be affixed, and a statement whether such remuneration shall be in exchange for services rendered;
The name and location of the specific organizational unit of the religious denomination or affiliate for which the applicant will be providing services; and
If the alien is to work for an organization which is affiliated with a religious denomination, a description of the nature of the relationship between the two organizations:
evidence of the religious organization's assets and methods of operation;
and
the organization's papers of incorporation under applicable state law.
U.S. PORT OF ENTRY
Applicants should be aware that a visa does not guarantee entry into the United States. The U.S. Immigration and Naturalization Service (INS) has authority to deny admission. Also, the period for which the bearer of a religious worker visa is authorized to remain in the United States is determined by the INS, not the consular officer. At the port of entry, an INS official must authorize the traveler's admission to the U.S. At that time the INS Form I-94, Record of Arrival-Departure, which notes the length of stay permitted, is validated. Those visitors who wish to stay beyond the time indicated on their Form I-94 must contact the INS to request Form I-539, Extension of Stay. The decision to grant or deny a request for extension of stay is made solely by the INS.
ADDITIONAL INFORMATION
Family Members
A nonimmigrant religious worker's spouse and unmarried children under 21 years of age may be granted derivative status. They may study but may not accept employment in the United States.
Time Limits
Holders of R visas may remain in the U.S. for up to five years to pursue their calling.
FURTHER INQUIRIES
Questions on qualifications for the religious worker classification and visa application procedures should be made to the American consular office abroad where the applicant intends to apply. Questions on conditions and limitations on employment should be made to the local INS office.
UNITED STATES DEPARTMENT OF STATE
Bureau of Consular Affairs
Visa Services
Return to Visa Services Page
General visa questions may be directed via e-mail to the State Department by clicking here. Due to the volume of inquiries, Visa Services cannot promise an immediate reply to your inquiry. However, to serve you better, please indicate the subject of your inquiry on the subject line (e.g., student visa, visitor visa, worker visa, spouse visa, affidavit of support, etc.) Inquiries on visa cases in progress overseas should contact the appropriate U.S. Embassy or Consulate handling your case.
E-1
Fee: $ 3000
Ø More than three year experience in the mother company
Ø More than one year experience in the mother company just before the petition
Ø Evidence of trade between the mother company and the U.S.
L-1
$ 3000
Ø More than three year experience in the mother company
Ø More than one year experience as a specialist or executive in the company
Ø No direct trade with the U.S is ok
E-2
Fee: $ 3000
Ø Evidence of substantial investment
· Business plan
· International money transfer
Ø Active investment
· Lease
· Bank account
· Financial statement
· Plan of employment
Tips for U.S. Visas:
EMPLOYMENT-BASED VISAS
The Immigration and Nationality Act provides a yearly minimum of 140,000 employment-based immigrant visas which are divided into five preference categories. They may require a labor certification from the U.S. Department of Labor (DOL), and the filing of a petition with the Immigration and Naturalization Service (INS).
CATEGORIES
Employment First Preference (E1)
Priority Workers receive 28.6 percent of the yearly worldwide limit. All Priority Workers must be the beneficiaries of an approved Form I- 140, Immigrant Petition for Foreign Worker, filed with INS. Within this preference there are three sub-groups:
Persons of extraordinary ability in the sciences, arts, education, business, or athletics. Applicants in this category must have extensive documentation showing sustained national or international acclaim and recognition in the field of expertise. Such applicants do not have to have a specific job offer so long as they are entering the U.S. to continue work in the field in which they have extraordinary ability. Such applicants can file their own petition with the INS, rather than through an employer;
Outstanding professors and researchers with at least three years experience in teaching or research, who are recognized internationally. No labor certification is required for this classification, but the prospective employer must provide a job offer and file a petition with the INS; and
Certain executives and managers who have been employed at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer. The applicant must be coming to work in a managerial or executive capacity. No labor certification is required for this classification, but the prospective employer must provide a job offer and file a petition with the INS.
Employment Second Preference (E2)
Professionals Holding Advanced Degrees, or Persons of Exceptional Ability in the Arts, Sciences, or Business receive 28.6 percent of the yearly worldwide limit, plus any unused Employment First Preference visas. All Second Preference applicants must have a labor certification approved by the DOL, or Schedule A designation, or establish that they qualify for one of the shortage occupations in the Labor Market Information Pilot Program (later). A job offer is required and the U.S. employer must file a petition on behalf of the applicant. Aliens may apply for exemption from the job offer and labor certification if the exemption would be in the national interest, in which case the alien may file the petition, Form I-140, along with evidence of the national interest. There are two subgroups within this category:
Professionals holding an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree and at least five years progressive experience in the profession; and
Persons with exceptional ability in the arts, sciences, or business. Exceptional ability means having a degree of expertise significantly above that ordinarily encountered within the field.
Employment Third Preference (E3)
Skilled Workers, Professionals Holding Baccalaureate Degrees and Other Workers receive 28.6 percent of the yearly worldwide limit, plus any unused Employment First and Second Preference visas. All Third Preference applicants require an approved I-140 petition filed by the prospective employer. All such workers require a labor certification, or Schedule A designation, or evidence that they qualify for one of the shortage occupations in the Labor Market Information Pilot Program. There are three subgroups within this category:
Skilled workers are persons capable of performing a job requiring at least two years' training or experience;
Professionals with a baccalaureate degree are members of a profession with at least a university bachelor's degree; and
Other workers are those persons capable of filling positions requiring less than two years' training or experience.
Employment Fourth Preference (E4)
Special Immigrants receive 7.1 percent of the yearly worldwide limit. All such applicants must be the beneficiary of an approved I-360, Petition for Special Immigrant, except overseas employees of the U.S. Government who must use Form DS-1884. There are six subgroups:
1) Religious workers coming to carry on the vocation of a minister of religion, or to work in a professional capacity in a religious vocation, or to work for a tax-exempt organization affiliated with a religious denomination;
2) Certain overseas employees of the U.S. Government;
3) Former employees of the Panama Canal Company;
4) Retired employees of international organizations;
5) Certain dependents of international organization employees; and
6) Certain members of the U.S. Armed Forces.
Employment Fifth Preference (E5)
Employment Creation Investors receive 7.1 percent of the yearly worldwide limit. All applicants must file a Form I-526, Immigrant Petition by Alien Entrepreneur, with the INS. To qualify, an alien must invest between U.S. $500,000 and $1,000,000, depending on the employment rate in the geographical area, in a commercial enterprise in the United States which creates at least 10 new full-time jobs for U.S. citizens, permanent resident aliens, or other lawful immigrants, not including the investor and his or her family.
LABOR CERTIFICATION
A person whose occupation requires a labor certification must have prearranged employment in the United States.
Individual Labor Certification
The applicant must complete DOL Form ETA-750B, Statement of Qualifications of Alien, and send this completed form to the prospective employer who completes Form ETA-750A, Application for Alien Employment Certification, Offer of Employment. The prospective employer submits both forms to the local office of the State Employment Service in the area in the United States where the work will be performed. The employer will then be notified by the appropriate regional office of the DOL of its approval or disapproval.
Schedule A Designation
The Department of Labor has made a schedule of occupations for which it delegates authority to the INS to approve labor certifications. Schedule A, Group I, includes physical therapists and nurses. Schedule A, Group II includes aliens of exceptional ability in the sciences and arts (except performing arts). To apply for Schedule A designation, the employer must submit a completed, uncertified Form ETA-750 in duplicate to the INS along with the I-140 petition.
Labor Market Information Pilot Program
The Immigration Act of 1990 provides for the DOL to establish a Labor Market Information Pilot Program which will define up to ten occupational classifications in which there are labor shortages. For aliens within a listed shortage occupation, a labor certification will be deemed to have been issued for purposes of an employment-based immigrant petition. The INS can provide further information.
PETITION
All intending immigrants who plan to base their immigrant visa application on employment in the United States must obtain an approved immigrant visa petition from the INS. If a necessary labor certification is granted, the employer may then file a Form I-140, Petition for Prospective Immigrant Employee, with the INS for the appropriate employment-based preference category.
VISA INELIGIBILITY / WAIVER
The immigration laws of the United States, in order to protect the health, welfare, and security of the U.S., prohibit the issuance of a visa to certain applicants. Examples of applicants who must be refused visas are those who: have a communicable disease, or have a dangerous physical or mental disorder; have committed serious criminal acts; are terrorists, subversives, members of a totalitarian party, or former Nazi war criminals; have used illegal means to enter the U.S.; or are ineligible for citizenship. Some former exchange visitors must live abroad for two years. Physicians who intend to practice medicine must pass a qualifying exam before receiving immigrant visas. If found to be ineligible, the consular officer will advise the applicant of any waivers.
OTHER IMPORTANT INFORMATION
Documents for Visa Application
All applicants must submit certain personal documents such as passports, birth certificates, police certificates, and other civil documents, as well as evidence that they will not become public charges in the United States. The consular officer will inform visa applicants of the documents needed as their applications are processed.
Medical Examinations
Before the issuance of an immigrant visa, every applicant, regardless of age, must undergo a medical examination. The examination will be conducted by a doctor designated by the consular officer. Examination costs must be borne by the applicant, in addition to the visa fees.
Visa Fees
The cost of each formal immigrant visa application is US$260 for application and US$65 for issuance. Fees must be paid for each intending immigrant, regardless of age, and are not refundable. Local currency equivalents are acceptable. Fees should not be sent to the consular office unless requested specifically. The INS charges additional fees for filing petitions.
Numerical Limitations
Whenever there are more qualified applicants for a category than there are available numbers, the category will be considered oversubscribed, and immigrant visas will be issued in the chronological order in which the petitions were filed until the numerical limit for the category is reached. The filing date of a petition becomes the applicant's priority date. Immigrant visas cannot be issued until an applicant's priority date is reached. In certain heavily oversubscribed categories, there may be a waiting period of several years before a priority date is reached. Check the Visa Bulletin for the latest priority dates.
Miscellaneous
Since no advance assurances can be given that a visa will be issued, applicants are advised not to make any final travel arrangements, not to dispose of their property, and not to give up their jobs until visas have been issued to them. An immigrant visa can be valid for six months from issuance date.
With few exceptions, a person born in the United States has a claim to U.S. citizenship. Persons born in countries other than the U.S. may have a claim, under United States law, to U.S. nationality if either parent was:
-- Born or naturalized in the U.S., or
-- A U.S. citizen at the applicant's birth.
Any applicant believing he or she may have a claim to United States citizenship should not apply for a visa until his or her citizenship has been determined by the consular office.
FURTHER INQUIRIES
Further information about the specific categories of immigrant visas listed above and which category a potential employee may fall under can be obtained from your local INS office. Questions on the visa application procedures at the American consular office overseas should be addressed to that consular office.
UNITED STATES DEPARTMENT OF STATE
Bureau of Consular Affairs
Visa Services
February 1998
Return to Visa Services Page
General visa questions may be directed via e-mail to the State Department by clicking here. Due to the volume of inquiries, Visa Services cannot promise an immediate reply to your inquiry. However, to serve you better, please indicate the subject of your inquiry on the subject line (e.g., student visa, visitor visa, worker visa, spouse visa, affidavit of support, etc.) Inquiries on visa cases in progress overseas should contact the appropriate U.S. Embassy or Consulate handling your case.
B-1 Visa Document & Information
File: I-539
Check : $ 120
Document
§ A copy of return airplane ticket
§ A copy of financial statement
§ A copy of I-94
§ A copy of Visa
§ A copy of residential ID card
§ A copy of lease
§ Notarized Affidavit (Office work)
Personal Information
§ Present Address
§ Foreign Address
§ Job, interest, or future plan
General Naturalization Requirements
Age
Applicants must be at least 18 years old.
Refer to the section, Naturalized Citizen's Children under Waivers, Exceptions, and Special Cases for information on applicants who are less than 18 years old.
See Also INA 334
Residency
An applicant must have been lawfully admitted to the United States for permanent residence. Lawfully admitted for permanent residence means having been legally accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws. Individuals who have been lawfully admitted as permanent residents will be asked to produce an I-551, Alien Registration Receipt Card, as proof of their status.
See Also INA 316
Residence and Physical Presence
An applicant is eligible to file if, immediately preceding the filing of the application, he or she:
· has been lawfully admitted for permanent residence (see preceding section);
· has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with absences from the United States totaling no more than one year;
· has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year break the continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)
· has resided within a state or district for at least three months
Good Moral Character
Generally, an applicant must show that he or she has been a person of good moral character for the statutory period (typically five years or three years if married to a U.S. citizen or one year for Armed Forces expedite) prior to filing for naturalization. The Service is not limited to the statutory period in determining whether an applicant has established good moral character. An applicant is permanently barred from naturalization if he or she has ever been convicted of murder. An applicant is also permanently barred from naturalization if he or she has been convicted of an aggravated felony as defined in section 101(a)(43) of the Act on or after November 29, 1990. A person also cannot be found to be a person of good moral character if during the last five years he or she:
· has committed and been convicted of one or more crimes involving moral turpitude
· has committed and been convicted of 2 or more offenses for which the total sentence imposed was 5 years or more
· has committed and been convicted of any controlled substance law, except for a single offense of simple possession of 30 grams or less of marijuana
· has been confined to a penal institution during the statutory period, as a result of a conviction, for an aggregate period of 180 days or more
· has committed and been convicted of two or more gambling offenses
· is or has earned his or her principle income from illegal gambling
· is or has been involved in prostitution or commercialized vice
· is or has been involved in smuggling illegal aliens into the United States
· is or has been a habitual drunkard
· is practicing or has practiced polygamy
· has willfully failed or refused to support dependents
· has given false testimony, under oath, in order to receive a benefit under the Immigration and Nationality Act.
An applicant must disclose all relevant facts to the Service, including his or her entire criminal history, regardless of whether the criminal history disqualifies the applicant under the enumerated provisions.
See Also INA 316
Attachment to the Constitution
An applicant must show that he or she is attached to the principles of the Constitution of the United States.
See Also INA 316
Language
Applicants for naturalization must be able to read, write, speak, and understand words in ordinary usage in the English language. Applicants exempt from this requirement are those who on the date of filing:
· have been residing in the United States subsequent to a lawful admission for permanent residence for at least 15 years and are over 55 years of age;
· have been residing in the United States subsequent to a lawful admission for permanent residence for at least 20 years and are over 50 years of age; or
· have a medically determinable physical or mental impairment, where the impairment affects the applicant’s ability to learn English.
See Also INA 312
United States Government and History Knowledge
An applicant for naturalization must demonstrate a knowledge and understanding of the fundamentals of the history and of the principles and form of government of the United States. Applicants exempt from this requirement are those who, on the date of filing, have a medically determinable physical or mental impairment, where the impairment affects the applicant’s ability to learn U.S. History and Government
Applicants who have been residing in the U.S. subsequent to a lawful admission for permanent residence for at least 20 years and are over the age of 65 will be afforded special condsideration in satisfying this requirement.
See Also INA 312
Test Yourself on U.S. History
100 Sample U.S. History Questions with Answers
[+30] Government and History Texts US M288, US M289, US M291 -Indexed with links by section - (LINK to INSERTS)
Oath of Allegiance
To become a citizen, one must take the oath of allegiance. By doing so, an applicant swears to:
· support the Constitution and obey the laws of the U.S.;
· renounce any foreign allegiance and/or foreign title; and
· bear arms for the Armed Forces of the U.S. or perform services for the government of the U.S. when required.
In certain instances, where the applicant establishes that he or she is opposed to any type of service in armed forces based on religious teaching or belief, INS will permit these applicants to take a modified oath.
Read the Oath of Allegiance
See Also INA 337
Waivers, Exceptions, and Special Cases
Spouses of U.S. Citizens
Generally, certain lawful permanent residents married to a U.S. citizen may file for naturalization after residing continuously in the United States for three years if immediately preceding the filing of the application:
· the applicant has been married to and living in a valid marital union with the same U.S. citizen spouse for all three years;
· the U.S. spouse has been a citizen for all three years and meets all physical presence and residence requirements; and
· the applicant meets all other naturalization requirements.
There are also exceptions for lawful permanent residents married to U.S. citizens stationed or employed abroad. Some lawful permanent residents may not have to comply with the residence or physical presence requirements when the U.S. citizen spouse is employed by one of the following:
· the U.S. Government (including the U.S. Armed Forces);
· American research institutes recognized by the Attorney General;
· recognized U.S. religious organizations;
· U.S. research institutions;
· an American firm engaged in the development of foreign trade and commerce of the United States; or
· certain public international organizations involving the United States.
See Also INA 319, INA 316
Children
There are several ways foreign-born children of U.S. citizens may obtain evidence of citizenship:
Generally, U.S. citizen parents of children born abroad may file a N-600 Application for Certificate of Citizenship. This form should be completed in accordance with the instructions provided and should be accompanied by 2 photographs of the child, copies of any documents that verify eligibility, and the required filing fee to be considered complete and ready to process.
Important note: Children born abroad of U.S. citizen parents derive citizenship from their parents. The Certificate of Citizenship is merely a record of citizenship - it does not confer citizenship on an applicant.
Adopted children of citizen parents acquire citizenship. For adopted children, adoptive parents file an N-643 instead of an N-600. However, adopted children over 18 must file an N-400.
For answers to more specific questions regarding naturalization of children, please contact your local INS office.
See Also INA 320, INA 321, INA 322
Veterans of U.S. Armed Forces
Certain applicants who have served in the U.S. Armed Forces are eligible to file for naturalization based on current or prior U.S. military service. Such applicants should file the N-400 Military Naturalization Packet.
Lawful Permanent Residents with Three Years U.S. Military Service
An applicant who has served for three years in the U.S. military and who is a lawful permanent resident is excused from any specific period of required residence, period of residence in any specific place, or physical presence within the United States if an application for naturalization is filed while the applicant is still serving or within six months of an honorable discharge.
To be eligible for these exemptions, an applicant must:
· have served honorably or separated under honorable conditions;
· completed three years or more of military service;
· be a legal permanent resident at the time of his or her examination on the application; or
· establish good moral character if service was discontinuous or not honorable.
Applicants who file for naturalization more than six months after termination of three years of service in the U.S. military may count any periods of honorable service as residence and physical presence in the United States.
Veterans who have served honorably in any of the periods of armed conflict with hostile foreign forces specified below
An applicant who has served honorably during any of the following periods of conflict is entitled to certain considerations:
· World War I - 4/16/17 to 11/11/18;
· World War II - 9/1/39 to 12/31/46;
· Korean Conflict - 6/25/50 to 7/1/55;
· Vietnam Conflict - 2/28/61 to 10/15/78;
· Operation Desert Shield/ Desert Storm - 8/29/90 to 4/11/91; or
· any other period which the President, by Executive Order, has designated as a period in which the Armed Forces of the United States are or were engaged in military operations involving armed conflict with hostile foreign forces.
Applicants who have served during any of the aforementioned conflicts may apply for naturalization based on military service after qualifying service and the requirements for specific periods of physical presence in the United States and residence in the United States are waived.
See Also INA 328, INA 329
Grounds for Eligibility
The Immigration and Naturalization Service has other specific grounds for Naturalization. For additional information, please review the instructions on an N-400 Application for Naturalization and/or contact your local District Office.
Work Authorization
2 x Photos (Quarter / Right ear)
Good Copy of Work Authorization Card
Application
I-765 (Application for Work Authorization)
$120.00 – Filing Fee
$ 50.00 – Legal Fees
Naturalization
4 x Photos (Quarter / Right ear)
N-400 (application for Naturalization
$260.00 – Filing Fee
$ 50.00 – Fingerprint
$200.00 – Legal Fees
Travel Documents
2 x Photos (Quarter / Right ear)
I-131 (Application for Travel Documents
Copy of Alien Registration Receipt Card
Evidence of why Travel Document is needed
$110.00 – Filing Fee
$250.00 – Legal Fees
to be continued
No comments:
Post a Comment