Immigration basics

• Nonimmigrant Categories
• Permanent Residence or Green Card status
• Immigration Assistance Available

Immigration is a complex and complicated area of law.  This page seeks to provide you with a basic overview of concepts. 

This site provides general information about immigration law, and does not constitute legal advice.  If you have specific questions about your particular situation, or would like a consultation with one of our immigration attorneys, please contact Peng & Weber.

Overview of Immigration Law

There are two general categories for people seeking entry into the United States: nonimmigrants (temporary visitors and workers) and immigrants (permanent residents).

Nonimmigrant Categories for Temporary Workers

There are many different types of nonimmigrant classifications.  The U.S. Citizenship and Immigration Services (called USCIS) provides a comprehensive list of each of the different types of nonimmigrants.  Below is a list of the most common non-immigrant categories.  Just click on any of the categories to read more about basic eligibility requirements.

• B-1 (business visitor) 
  • This visa status allows foreign business visitors to enter the United States to confer with colleagues, attend seminars, provide certain after-sales service and engage in other activities, such as preliminary work before setting up a U.S. office.
• B-2 (visitor for tourism)
  • More than three-fourths of the more than 20 million nonimmigrants who come to the United States arrive as tourists, in B-2 visa status.  The B-2 visa covers tourists, visits to relatives or friends, visits for health reasons, participation in conferences, participation in incidental or short courses of study and participation in amateur arts and entertainment events.  Prospective students can also obtain a B-2 visa, but must announce their intention to change their status to become a student to the inspector at the border.  B-2 visitors may be given a visa for visits up to six months, which can be extended in some circumstances for an additional six months. 
• E-1 and E-2 (treaty traders and investors)
  • These visas allow nationals of certain "treaty" countries to start up businesses in the United States.  Key employees in executive, managerial, or technical positions may also be employed in E visa status, if they are of the same nationality. A list of these treaty countries is available from the U.S. Department of State.  Unlike most other visa categories, treaty traders and investors must apply directly at a U.S. consulate or embassy and do not require approval by the U.S. Citizenship and Immigration Service. Visas may not be issued for more than five years, but they may be renewed continuously without a limit on stay in E-1 status.
• F-1 (academic student)
  • Most students who are coming to the United States as students enter in F-1 status.  Other options for students include the the J-1 Exchange Visitor and M-1 Vocational Student visa categories.  The F-1 status may allow certain authorized students to be employed on or off campus, or in "practical training" for a 12-month period before or after completion of their academic studies.
• H-1B (professionals or specialty occupation)  
  • The H-1B visa status authorizes employment of qualified individuals in positions which require a U.S. bachelor's degree or the equivalent for entry into the position.  The foreign worker must show that he or she has the equivalent of a U.S. bachelor's degree, and meet all state licensure requirements.  Employer must first file a "labor condition application" with the U.S. Department of Labor, attesting that they meet wage and working conditions.  The H-1B visa provides for a three-year stay in the United States, and is renewable for up to six years.  For more information on the H-1B visa process, see the Peng & Weber H-1B page.
• L-1 (multinational transferee)
  • L-1 visas enable the transfer to the United States of executives, managers and employees with specialized knowledge from a related company abroad.  This visa category provides some advantages for foreign executives and managers in obtaining permanent residency.
• TN (NAFTA professional)
  • This visa category was created by the North America Free Trade Agreement and allows Canadian and Mexican nationals in certain occupations and professions to be employed for renewable year terms.  Canadians have simplified filing and entry procedures.
• J-1 (exchange visitor student/trainee/teacher/medical resident)
  • The "J" exchange visitor program provides for the interchange of people in the fields of education, arts, and sciences. J-1 visitors may include students, trainees obtaining on-the-job training; teachers and professors, research scholars, and international cultural visitors.  For more information on the J-1 visa process, see the Peng & Weber J-1 page. 
• O-1 (alien of extraordinary ability in the arts/sciences)
   
  • The O category is for individuals of extraordinary ability in the sciences, arts, education, business, or athletics.  The category also includes an artist's or athlete's support staff, spouse and children. The alien must be coming to the United States to work in his or her area of extraordinary ability or achievement.

Each of these categories have a specific process for obtaining approval, generally from the U.S. Citizenship and Immigration Service.  It may be possible to extend the visa status, or change to another classification, once you are in the United States.

Permanent Residence or Green Card status

Permanent resident status allows foreign nationals and their immediate family to live in the United States, and work for any employer.  This status is often referred to as having a "green card," based on the green tint on cards that had previously been issued to permanent residents.  (The permanent resident alien card is now a lovely shade of pink).  Most people obtain green cards by being sponsored by their employers or their relatives. Other people obtain permanent residence through the diversity visa lottery, through asylum and through various other means.  You can read more about options for obtaining permanent residency elsewhere on our site. 

The process for obtaining permanent residency based on employment depends on the position offered, and the qualifications of the foreign worker.  The first preference category is for aliens with extraordinary ability, outstanding researchers and professors or those with a national interest waiver.  Certain executives and managers of multinational companies may also fall in this category.  The primary advantage of this first preference category is that these workers do not require the lengthy and often costly process of labor certification.

Professionals with advanced degrees or those with exceptional ability in the sciences, arts or business fall into the second preference category.  The third preference category include professionals with basic degrees, skilled workers and "other workers" who have less than two years of relevant experience. Each of these categories require labor certification, where the Department of Labor certifies that the employer has document its unsuccessful efforts to recruit qualified U.S. workers. The length of time which the process takes varies according to the category, backlogs in the labor certification process and the availability of visas.

Permanent residency is also available to investors who meet certain criteria.  First, the alien must establish a business or invest in an existing business that was created or restructured after November 19, 1990.  Second, the alien must have invested $1 million in the business.  This investment requirement is lowered to $500,000 if the investment is in a low employment area. Third, the business must create full-time employment for at least 10 U.S. workers.

Immigration Assistance Available

Immigration law can be complicated, confusing and frustrating if you do not use it every day.  The assistance of an experienced and competent immigration attorney can save time, avoid complications and may ultimately save you or your company money.  If you have a question regarding your immigration status, or would like more information on your options for visiting the United States or obtaining permanent residency, contact Peng & Weber for experienced immigration advice and assistance.