FAQs

How can I legally enter the U.S.?

When you legally enter the U.S. you apply for a visa. Visas are issued by the U.S. Dept. Of State at an American Consulate in a foreign country.

What is a Visa?

A visa is document which allows you to enter and stay in the United States under a specified set of conditions, such as a set period of time.

What types of visas are there?

There are various types of visas: immigrant and non-immigrant; business, family or tourist; are just a few of the major types of visas.

What’s the difference between an immigrant and non-immigrant visa?

Immigrant visas allow the permanent settlement in the U.S. with a path to citizenship or naturalization. Non-Immigrant visas allow a person to visit and sometimes work and live in the U.S., but only on a temporary basis, and for a limited amount of time.

What is immigrant intent?

The U.S. government assumes people entering the U.S. intend to immigrate, or make a permanent residence in the U.S. People entering the U.S. must show that this is not their intent when they try to enter the U.S. on a non-immigrant visa. If the U.S. border official believes the applicant for entry is lying or otherwise misrepresenting his intent, the official may deny entry at that time and for the future.

What’s an immigrant visa?

These are often referred to as "Green Cards" or "Permanent Resident Cards." There are several ways to obtain Permanent Residence. The primary ways are through family based immigration and through employment based immigration.

What types of non-immigrant visas are available?

There are many different types of Temporary Visas including visas for Tourists, Students, Exchange Students, Trainees, Professional Workers, Temporary Workers, Treaty Traders, Treaty Investors, NAFTA Professionals, Religious Workers, Executives, Managers, Fiancés, and others.

The main non-immigrant visas available to North Americans are:

E-1 for Treaty Traders;
E-2 for Treaty Investors

H-1B for Specialty Occupations
L-1A for Executive or Managerial Capacity jobs
L-1B for Specialized Knowledge Capacity
TN for NAFTA Professionals

Each visa has a different set of application requirements. Care should be taken in the application process to make sure the requirements are properly met. Failure to truthfully and accurately apply for a visa may result in rejection of the visa application.

What’s a Family Visa?

U.S. citizens or Non-citizens with legal permanent residency status can apply for a visa for a family member. The primary family visas include: K1 for fiancés, K3 for spouses and K4 for children. These are obtained to shorten the wait time for family members to enter the U.S. to continue processing permanent residency.

What’s a Business Visa?

The U.S. government understands and appreciates the presence of foreign visitors in the U.S. for business and commercial purposes. Consequently, the government has created a variety of visas (both immigrant and non-immigrant) to allow non-citizens to come to the U.S. and conduct business activities, such as work, sell goods, and start a business.

What types of business or employment visas are there?

There are five different Preference categories for employment based immigration. Most categories require a Labor Certification (a determination that there are no U.S. citizens or permanent resident aliens who are willing and able to fill the position and that wages will not be adversely affected).