A visa provides permission to enter the United States. Many categories of visas are issued in the United States, depending on whether or not the entrant intends to stay in the country on a temporary basis or if he or she plans to become a permanent resident or U.S. citizen. The United States issues two main types of visas. Visas are either nonimmigrant visas for short, temporary visits or immigrant visas, which are issued for persons intending to obtain permanent residence.
Of the 11 million U.S. visas that were issued in 2016, approximately five percent were released for individuals applying for a green card (permanent visas) and eighty (80) percent were issued to tourists. Typically with a tourist visa, individuals are allowed to visit the United States for up to six months at a time, over a period of five-to-ten years.
Anyone who enters the United States must meet the legal requirements for immigration unless the person has legal nonimmigrant status. The non-immigrant status may apply to a person with a “B visa” on a business trip or traveling for personal reasons. The foreign worker’s visa, however, is exempt from the presumption of intent to immigrate.
An experienced immigration attorney in The Woodlands, TX, can help you determine which type of visa properly fits your travel needs. Whether you are a tourist seeking temporary entry, a business traveler, or a person seeking permanent residence, understanding which forms to file is imperative.
Luis F. Hess represents clients throughout Montgomery County, Harris County, and the surrounding areas. With an office in Shenandoah, his law firm is just north of The Woodlands and south of Conroe, TX. For any non-immigrant or immigrant visa, contact experienced immigration attorney, Luis F. Hess. Call Luis F. Hess, PLLC at (281) 205-8540.
Non-immigrant visas are issued to foreigners based on the reason that the individual intends to visit the United States. Each of the 81 different nonimmigrant visa categories has its own requirements and application process.
The immigration system provides nonimmigrant and immigrant visa classifications that may be used by employers. Employer-sponsored nonimmigrant visa petitions in the United States are filed using the US Citizenship and Immigration Services' (USCIS) non-immigrant visa with the USCIS.
Applying for an immigrant visa is the first step to becoming a lawful permanent resident. To be eligible for an immigrant visa, a U.S. citizen or other lawful permanent resident must sponsor a foreign applicant. The most common immigrant visas categories are employment-based visas and family-based visas.
An individual may be eligible to obtain a visa based on a specific familial connection or based on employment.
The number of visas issued each year for immigrant visa categories is limited. Not all countries have the same amount of available visas. Thus, foreign persons attempting to emigrate from countries with no available visas may be placed on a waiting list.
While the majority of visas issued are family-based or are visitor visas, there are some immigrant and non-immigrant work visas that are granted for business-related purposes. The most typical work visas are included in the list below.
Upper Management and Executives: For the multinational executive or manager. This immigrant visa classification is used by employers to sponsor foreign nationals from a related entity abroad for a green card to work temporarily in the United States as an executive or manager.
Non-Immigrant Workers: The nonimmigrant visa classification is used by employers to sponsor foreign nationals to work in the United States.
Temporary or Seasonal Work: This nonimmigrant visa classification is used by employers to sponsor foreign nationals to work in the United States in temporary or seasonal nonagricultural work. This type of eligibility requirement includes the employer's obligation to test the U.S. labor market and obtain a temporary labor certification.
International Companies: For international companies that require nonimmigrant visa classifications, a visa for employers that want to transfer foreign nationals from a related entity located abroad will use a visa for intracompany workers.
The PERM Labor Certification Process: The PERM labor certification is the first step in many employer-sponsored green card (permanent residence) processes. The employer must satisfy several requirements to prepare a PERM application, including prevailing wage determinations, recruitment, candidate assessment, and PERM audit file document retention.
The Trade NAFTA (TN) Nonimmigrant Visa: The Trade NAFTA (TN) nonimmigrant visa classification is used by employers to sponsor foreign nationals who are citizens of Canada or Mexico to work in the United States.
The Immigrant Visa Process - Visit the website of the Bureau of Consular Affairs, a division of the U.S. Department of State, to learn more about the immigrant visa process. Learn why a person, to be eligible to apply for an immigrant visa, must usually be sponsored by a U.S. citizen relative, U.S. lawful permanent resident, or a prospective employer.
Attorney Luis F. Hess represents clients at each stage of the immigration application process. Whether an applicant has been unfairly denied entry into the U.S. or whether he or she is seeking help with filing the proper forms, he is there every step of the way.
Luis F. Hess is an attorney who prides himself on being a dedicated advocate for clients who want to live and stay in the United States. The desire to move to a new country and start a new life is an admirable one.
Having an experienced immigration attorney is important. Luis F. Hess, PLLC is located in Shenandoah, Texas, just north of The Woodlands. Luis F. Hess takes cases throughout Montgomery County and Harris County, TX. He represents clients from Conroe, Shenandoah, The Woodlands, Spring, Houston and the surrounding areas.
Call (281) 205-8540 to schedule a consultation and learn more about your immigration options.
This article was last updated on Friday, January 26, 2018.