USA Visas Experts

FACT SHEETS

B-1 / B-2

VISA CATEGORY: B-1/B-2(Business/Tourist)

ABOUT THE VISA CATEGORY

If you do not meet the requirements of the Visa Waiver Program, you may be eligible for a visitor visa which is a non-immigrant visa for persons desiring to enter the United States temporarily for business (B-1) and for pleasure or medical treatment (B-2).

IS THIS VISA RIGHT FOR ME?

Generally, the B-1 visa is for travellers consulting with business associates, attending scientific, educational, professional or business conventions/conferences, settling an estate or negotiating contracts. The B-2 visa is for travel that is recreational in nature, including tourism, visits with friends or relatives, medical treatment and activities of a fraternal, social or service nature. Often, the B-1 and B-2 visas are combined and issued as one visa: the B-1/B-2.

REQUIREMENTS

In order to qualify for the B-1/B-2 visa category, applicants must meet the following criteria;

Be travelling to the U.S. for a temporary visit, such as business, pleasure, or medical treatment.
Remain in the U.S. for a specific, limited period of time.
Provide evidence of funds to cover their expenses while in the U.S.
Maintain a residence outside the U.S., as well as other binding social or economic ties, that will ensure their return abroad at the end of their visit.

HOW WE CAN HELP

We appreciate not everyone is an expert in U.S. immigration

We understand how intending migrants feel, their concerns and fears and their desire to have a smooth transition to the United States.

We are here to help you every step of the way. Our US immigration experts consider a range of alternatives to meet your immigration needs.

Citizenship

VISA CATEGORY:U.S.Citizenship

If you meet certain requirements, you may become a U.S. citizen either at birth or through naturalization

REQUIREMENTS

To become a citizen at birth, you must:

Have been born in the United States; OR
Had a parent or parents who were citizens at the time of your birth (if you were born abroad) and meet other residency requirements.

To become a citizen after birth, you must:

Apply for “derived” or “acquired” citizenship through parents
Apply for naturalization

You May Qualify for Naturalization if:

You have been a permanent resident for at least 5 years and meet all other eligibility requirements.
You have been a permanent resident for 3 years or more and meet all eligibility requirements to file as a spouse of a U.S. citizen.
You have qualifying service in the U.S. armed forces and meet all other eligibility requirements.
Your child may qualify for naturalization if you are a U.S. citizen, the child was born outside the U.S., the child is currently residing outside the U.S., and all other eligibility requirements are met.

HOW WE CAN HELP

We appreciate not everyone is an expert in U.S. immigration

We understand how intending migrants feel, their concerns and fears and their desire to have a smooth transition to the United States.

We are here to help you every step of the way. Our US immigration experts consider a range of alternatives to meet your immigration needs.

E-2

VISA CATEGORY:E-2 (Treaty Investor Visa)

ABOUT THE VISA CATEGORY

The E-2 non-immigrant visa classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States when investing a substantial amount of capital in a U.S. business. Certain employees of such a person or of a qualifying organization may also be eligible for this classification.

IS THIS VISA RIGHT FOR ME?

The E-2 visa offers some significant advantages when compared to other U.S. non-immigrant work visas. For example, E-2 spouses can apply for unrestricted work authorisation once they arrive in the USA. This alone is a significant difference from work visas like the TN1 and even the H-1B, both of which require spouses to obtain separate working permits if they aren’t U.S. citizens or permanent residents.

In most circumstances, the E-2 visa is renewable in two year increments indefinitely.

REQUIREMENTS

In order to qualify for the E-2 visa category, applicants must meet the following criteria;

The investor, either a real or corporate person, must be a national of a treaty country.
The investment must be substantial. It must be sufficient to ensure the successful operation of the enterprise.
The investment must be a real operating enterprise. Speculative investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment.
The investment must generate significantly more income than just to provide a living to the investor and family, or it must have a significant economic impact in the U.S.
The investor must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with the assets of the investment enterprise are not allowed.
The investor must be coming to the U.S. to develop and direct the enterprise. If the applicant is not the principal investor, he or she must be employed in a supervisory, executive, or highly specialized skill capacity.

HOW WE CAN HELP

We appreciate not everyone is an expert in U.S. immigration

We understand how intending migrants feel, their concerns and fears and their desire to have a smooth transition to the United States.

We are here to help you every step of the way. Our US immigration experts consider a range of alternatives to meet your immigration needs.

E-3

VISA CATEGORY:E-3 (Speciality Occupation only for Australian Citizens)

ABOUT THE VISA CATEGORY

The E-3 visa category was created as part of Australia’s AUSFTA agreement with America which allows qualifying applicants to travel to the United States for the sole purpose of working in a specialty occupation. The spouse and children of the qualifying applicant need not be Australian citizens.

The E-3 visa offers a win-win proposition for everyone involved. Australian workers get great jobs and US employers get some of the country’s best and brightest minds.

Annually, 10,500 E-3 work visas are issued to Australian citizens wanting work in the USA. The E-3 visa is similar to the H-1B visa for specialty occupations. In fact, the E-3 visa requirements and eligible E-3 job categories are virtually identical.

IS THIS VISA RIGHT FOR ME?

The E-3 visa offers some significant advantages when compared to other U.S. non-immigrant work visas. For example, E-3 spouses (E-3D) can apply for unrestricted work authorisation once they arrive in the USA. This alone is a significant difference from work visas like the TN1 and even the H-1B, both of which require spouses to obtain separate working permits if they aren’t U.S. citizens or permanent residents.

The E-3 visa does not require a petition to USCIS before application for the visa at a consulate. The visa application and supporting documentation, including the certified LCA is presented at the time of the visa interview. This cuts down processing time significantly compared to the H-1B or other petition based visas.

The E-3 visa is renewable in two year increments indefinitely allowing the visa holder to work for the length of employment.

REQUIREMENTS

In order to qualify for the E-3 visa category, applicants must meet the following criteria;

Must hold Australian citizenship.
Must have a job offer in the U.S. in a specialty occupation which requires a Bachelor degree or equivalent.
Must hold a Bachelor degree, equivalent work experience (12 years) or a combination of education and work experience relevant to the nominated speciality occupation.

In order to qualify as a sponsor under the E-3 visa category, sponsors must meet the following criteria;

Must pay the employee on U.S. payroll.
Must pay the employee at or above the prevailing wage based on the speciality occupation and geographical location of employment in the U.S.
Must file a Labor Condition Application (LCA) with the Department of Labor (DOL) attesting to the fact that they will be paying the employee at or above the market rate salary.

HOW WE CAN HELP

We appreciate not everyone is an expert in U.S. immigration We understand how intending migrants feel, their concerns and fears and their desire to have a smooth transition to the United States.

We are here to help you every step of the way. Our US immigration experts consider a range of alternatives to meet your immigration needs.

Green Card

VISA CATEGORY:Permanent Residence (Green Card)

ABOUT THE VISA CATEGORY

A Green Card holder is someone who has been granted authorization to live and work in the United States on a permanent basis. As proof of that status, a person is granted a permanent resident card, commonly called a "Green Card."

IS THIS VISA RIGHT FOR ME?

There are many benefits for Green Card holders some of which include;

A decreased fee in College and University tuition fees referred to as “in state” tuition or “resident” tuition.
Permission to work for any company located in the U.S. regardless of job function, hours per week etc.
Some jobs require security clearances which only Green Card holders or U.S. citizens can obtain; therefore a Green Card provides more job opportunities.
Green Card holders can sponsor their spouse and unmarried minor children under the age of 21 for Green Card status.
Immunity against future changes in Immigration that could have implications on temporary visa holders.

REQUIREMENTS

There are several pathways which an applicant may qualify for Permanent Residence (Green Card). The steps to becoming a Green Card holder vary by category and depend on whether you currently live inside or outside the United States.

The main Green Card pathway categories are:

Family
Employment
Immediate relative
The Diversity Visa Lottery program (commonly known as the “Green Card” or “DV” lottery)

In order to be eligible to apply for an immigrant visa other than through the lottery, applicants must be sponsored by a U.S. citizen relative(s) or by a prospective employer.

HOW WE CAN HELP

We appreciate not everyone is an expert in U.S. immigration

We understand how intending migrants feel, their concerns and fears and their desire to have a smooth transition to the United States.

We are here to help you every step of the way. Our US immigration experts consider a range of alternatives to meet your immigration needs.

L-1 / L-2

VISA CATEGORY:L-1/L-2(intra-company transferees)

ABOUT THE VISA CATEGORY

The L-1 visa allows companies operating both in the US and abroad to transfer certain classes of employees fromtheir foreign operations to the U.S. An L-1 visa is required if you are the employee of an international company which is temporarily transferring you to a parent branch, affiliate, or subsidiary of the same company in the United States.

IS THIS VISA RIGHT FOR ME?

The L-1 visa is a good way for large, small or start-up overseas companies to expand their business and services to the United States. This is advantageous to smaller companies because it allows for the transfer of a highly proficient manager or executive who has direct knowledge of operations, allowing the setup of a new branch in compliance with the goals and objectives of the company’s main office.

REQUIREMENTS

There are two sub categories under the L-1 visa classification; L-1A for executives and managers, and L-1B for workers with specialized knowledge.

To qualify for L-1 classification in this category, the employer must:

Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate); and
Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the applicant’s stay in the United States as an L-1 visa holder.

To qualify for the L-1 classification (whether L-1A or L-1B) the employee must:

Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding theapplication; and
Be seeking to enter the United States to provide service in an executive or managerial/specialized knowledge capacity for a branch of the same employer or one of its qualifying organizations.

The L-2 visa category is for dependents of L-1 visa holders. To qualify for an L-2 classification in this category, the applicant must;

Be the spouse or unmarried child (under age 21) of the L-1 visa holder.

The spouse of an L-1 visa holder (L-2 )may seek employment authorization once they arrive in the U.S. Children in L-2 visa status are not authorized to work in the United States, however they can attend schooling.

HOW WE CAN HELP

We appreciate not everyone is an expert in U.S. immigration. We understand how intending migrants feel, their concerns and fears and their desire to have a smooth transition to the United States.

We are here to help you every step of the way. Our US immigration experts consider a range of alternatives to meet your immigration needs.

O-1

VISA CATEGORY:O-1 (Individual with Extraordinary Ability or Achievement)

ABOUT THE VISA CATEGORY

The O-1 visa is a non-immigrant visa which allows foreign nationals with extraordinary ability in one of the following three categories to enter into the U.S. and engage in official activity:

Sciences, Education, Business and Athletics
Arts
Motion picture or TV industries

IS THIS VISA RIGHT FOR ME?

The O-1 visa offers some significant advantages when compared to other U.S. non-immigrant work visas. For example, this visa category allows for essential support personnel to be included in the application (O-2) as well as accompanying dependents (O-3). Furthermore, at the time of visa application, O-1 visa applicants are not required to prove their intent to return to their home country once the visa expires.

Applicants qualifying for the O-1 visa category may also meet the requirements for a permanent residence application.

REQUIREMENTS

To qualify for an O-1 visa, applicants must demonstrate extraordinary ability by sustained national or international acclaim and must be coming temporarily to the United States to continue work in the area of extraordinary ability.

Extraordinary ability in the fields of science, education, business or athletics means a level of expertise indicating that the person is ranked within one of the small percentage who has risen to the very top of the field of endeavour.

Extraordinary ability in the field of arts means distinction. Distinction means a high level of achievement in the field of the arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well-known in the field of arts.

To qualify for an O-1 visa in the motion picture or television industry, the applicant must demonstrate extraordinary achievement evidenced by a degree of skill and recognition significantly above that ordinarily encountered to the extent the person is recognized as outstanding, notable or leading in the motion picture and/or television field.

HOW WE CAN HELP

We appreciate not everyone is an expert in U.S. immigration

We understand how intending migrants feel, their concerns and fears and their desire to have a smooth transition to the United States.

We are here to help you every step of the way. Our US immigration experts consider a range of alternatives to meet your immigration needs.

The content provided is for information purposes only and should not be construed as advice specific to your immigration needs. Want to speak to a lawyer about your specific immigration needs, contact our specialist U.S. immigration team.