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Dreaming of moving to the United States and finding your ideal home with June Homes? Before you start packing your bags, you’ll need to secure the right visa. Whether you’re planning to invest, work, study, or reunite with family, there’s a visa option that’s perfect for you.
In this blog article, we explore the different ways to move to the US, explaining the most popular US visas and their requirements.
Table of contents
Ways to legally immigrate to the United States
In order to move to the US, you will need to fall into one of these categories:
- Get a job offer and sponsorship from a US company
- Make a significant investment in a US business
- Marry a US citizen or establish a close family relationship with a US citizen
- Have first-line American relatives
- Enroll in a public or private institution of higher education
- Win the green card lottery
The easiest and most common ways to legally immigrate to the United States include employment-based visas, family sponsorship, investor visas, and student visas.
There is also the Diversity Visa Lottery, also known as the Green Card Lottery, which offers a limited number of visas (green cards) to individuals from countries with historically low rates of immigration to the United States. Winners are randomly selected and only 55,000 number of green cards are given out through this program
Immigrant vs non immigrant visas
Immigrant visas offer permanent residence in the United States, often referred to as a Green Card. These visas are perfect if you’re planning to make the US your permanent home, allowing you to live, work, and eventually pursue US citizenship. Immigrant visas are typically granted based on family relationships, employment offers, investments, or through the Diversity Visa Lottery (the Green Card Lottery).
On the other hand, nonimmigrant visas are for temporary stays in the US. They allow you to visit, work, study, or engage in specific activities for a limited period. Unlike immigrant visas, nonimmigrant visas don’t lead to permanent residency or citizenship. They include options for tourists, students, temporary workers, business travelers, and more.
Whether you’re looking to relocate permanently or just visit for a short time, it’s vital that you find a US visa that meets your needs and eligibility requirements. Let’s take a look at some of the most popular US visas for each category.
Employment-Based Visas
If you’re considering working in the United States for a specific period, employment visas could be your best option. Each year, around 140,000 employment-based green cards are available for individuals with the right job skills, including their spouses and children.
The process typically starts with a potential employer filing a petition with the U.S. Citizenship and Immigration Services (USCIS). Once approved, you’ll still need to apply for a visa before coming to the U.S.
These visas not only permit you to work in the US but also provide opportunities for long-term residency and, in some cases, a pathway to US citizenship. Now, let’s explore some of the most popular employment-based visas for immigrants who are looking to move and work in the US.
H1B Visa (Specialty Occupations)
The H1B visa is one of the most popular and sought-after US visas designed for foreign professionals who want to work in the US. It allows companies in the US to hire foreign workers in specialty occupations that require technical expertise or specialized knowledge.
Benefits:
- Work in the US: Gain valuable experience and build your career in one of the world’s leading economies.
- Path to Permanent Residency: The H-1B visa can be a stepping stone to a green card, allowing you to live and work permanently in the US.
- Opportunity for Family: Your family can accompany you and enjoy living in the US.
H1B visa requirements:
- Hold at least a bachelor’s degree or its equivalent in a specialty field like IT, engineering, healthcare, finance, or other professional sectors
- Have a job offer which must require a degree in that field of expertise.
| Note: For the H1B visa, you will need to be sponsored by the US employer. The employer must file a petition on your behalf with the US Citizenship and Immigration Services (USCIS). |
Duration:
The H-1B visa is initially granted for up to three years and can be extended for a maximum of six years. Under certain conditions, further extensions are possible, especially if a green card application is in process.
L1 Visa (Intra-company Transfers)
The L-1 visa is perfect for employees of international companies who are being transferred to a US office. It allows managers, executives, and those with specialized knowledge to work in the United States while continuing their career with their current employer.
Benefits
- Work in the US: Continue your career with your current company while gaining valuable experience in the US market.
- Path to Permanent Residency: The L-1 visa can lead to a green card, especially for managers and executives.
- Opportunity for Family: Your family can join you in the US on L-2 visas. Your spouse can also apply for work authorization.
L1 Visa Requirements
- Qualifying Relationship: Your company must have a branch, affiliate, parent, or subsidiary in the US.
- Duration of Employment: You need to have worked for your company outside the US for at least one year in the past three years.
- Position: You must be transferring to the US to work as a manager, executive, or in a role that requires specialized knowledge.
Duration
- Initial Stay: The L-1 visa is initially granted for up to one year for a new office or up to three years for an existing office.
- Extensions:
- L-1A (Managers and Executives): Can be extended in two-year increments up to a maximum of seven years.
- L-1B (Specialized Knowledge Employees): Can be extended in two-year increments up to a maximum of five years.
O1 Visa (Individuals with Extraordinary Ability)
The O-1 visa is designed for individuals with extraordinary ability or achievements in their field. It allows talented professionals to live and work in the United States, showcasing their expertise in areas like science, art, education, business, or athletics.
Benefits
- Work in the US: Leverage your extraordinary skills and talents in the US, advancing your career in one of the world’s most dynamic environments.
- Recognition: Gain recognition and opportunities in your field by working in the US.
- Opportunity for Family: Your family can join you in the US on O-3 visas, allowing your spouse and children to live with you.
O-1 Visa Requirements
- Extraordinary Ability: You must demonstrate extraordinary ability by showing sustained national or international acclaim. This can be evidenced by awards, publications, high salary, or other significant achievements.
- Job Offer: You need a job offer from a US employer who will sponsor your visa and provide work that requires your extraordinary ability.
- Field of Expertise: Your extraordinary ability must be in fields such as science, art, education, business, or athletics.
Duration
- Initial Stay: The O-1 visa is initially granted for up to three years.
- Extensions: You can extend the O-1 visa in one-year increments as long as you continue to work in your area of extraordinary ability.
Family-Based Visas
If you’re engaged to a US citizen and planning to marry in the United States, the K-1 visa might be the perfect solution for you. Alternatively, if you are already married and seeking to live permanently in the United States, the IR-1/CR-1 visa could be the right choice.
Both the K-1 and IR-1/CR-1 visas not only allow you to come to the US to get married but also offer a path to permanent residency (green card) and, eventually, US citizenship.
Let’s take a closer look at each visa and how they can help you start your life together in the United States.
IR1/CR1 Visa (Spouse of a US Citizen)
The IR-1 (Immediate Relative) and CR-1 (Conditional Resident) visas are for spouses of US citizens who want to live permanently in the United States. These visas provide a pathway for families to be together in the US.
Benefits
- Live in the US: Join your spouse and build a life together in the United States.
- Permanent Residency: Obtain permanent residency in the US, allowing you to live and work in the country indefinitely.
- Family Reunification: Reunite with your US citizen spouse and create a home together in the US.
IR-1/CR-1 Visa Requirements
- Marriage to a US Citizen: You must be legally married to a US citizen.
- Genuine Relationship: You need to demonstrate the authenticity of your marriage and prove that it was not entered into for immigration purposes.
- Spousal Sponsorship: Your US citizen spouse will act as your sponsor and file a petition (Form I-130) with the US Citizenship and Immigration Services (USCIS) on your behalf.
Duration
- Permanent Residency: The IR-1 visa provides immediate permanent residency upon entry to the US.
- Conditional Residency: If the marriage is less than two years old at the time of entry, the CR-1 visa holder will initially receive conditional residency, which can later be converted to permanent residency by filing Form I-751 to remove the conditions.
K1 Visa (Fiancé(e) of a US Citizen)
The K-1 visa, also known as the Fiancé(e) visa, is designed for foreign nationals who are engaged to marry a US citizen and wish to enter the United States to marry their fiancé(e). This visa allows the couple to be together in the US and ultimately pursue marriage within 90 days of the foreign national’s arrival.
Benefits
- Be Together in the US: Live together in the United States with your fiancé(e) and begin your life as a married couple.
- Path to Marriage: Obtain the necessary legal status to marry your US citizen fiancé(e) within 90 days of your arrival in the US.
- Family Reunification: Start the process of building a life together in the US with your future spouse.
K-1 Visa Requirements
- Engagement to a US Citizen: You must be engaged to marry a US citizen.
- Intent to Marry: You and your US citizen fiancé(e) must have a genuine intention to marry within 90 days of your arrival in the US.
- No Barriers to Marriage: Both you and your fiancé(e) must be legally free to marry and must have met in person at least once within the two years prior to filing the petition, unless meeting in person would violate cultural or religious customs, or meeting would result in extreme hardship for the US citizen petitioner.
Duration
- Single Entry: The K-1 visa allows a single entry into the United States and is valid for 6 months.
- Marriage Within 90 Days: Once in the US, you must marry your US citizen fiancé(e) within 90 days of your arrival.
- Adjustment of Status: After marriage, you can apply for adjustment of status to obtain permanent residency (green card) in the United States.
| Note: The chances of getting approved for the K1 visa can really depend on where you’re applying from. Check out the latest K1 visa approval rates by country here. |
Investor Visas
E1 Visa (Treaty Investor Visa)
The E-1 visa, also known as the Treaty Investor Visa, is specifically designed for investors from countries that have a treaty of commerce and navigation with the United States. It offers the opportunity to invest in a US business and live and work in the United States while managing that business.
Benefits:
- Work in the US: Grow and manage your own business in the US.
- Renewable: The E-1 visa can be renewed indefinitely as long as your business continues to operate successfully.
- Family-Friendly: Your family can join you in the US on E-1 dependent visas, and your spouse can apply for work authorization.
E-1 Visa Requirements:
- Nationality: You must be a citizen of a country that has a treaty of commerce and navigation with the United States.
- Investment: You need to invest a substantial amount of capital in a legitimate US business. While there’s no set minimum, the investment must be significant enough to ensure the business’s success.
- Active Role: You must be actively involved in running the business. Passive investments, like owning shares without involvement, do not qualify.
Duration:
- Initial Stay: The E-1 visa is initially granted for up to two years.
- Extensions: You can renew the E-1 visa indefinitely in two-year increments, as long as your business remains operational and you meet all the visa requirements.
E2 Visa (Investor Visa)
The E-2 visa, also called the investor visa, is a temporary work visa tailor-made for investors who have put money into a new or existing U.S. business and will be creating jobs. It’s all about encouraging foreign investment and making it easier for those who are contributing to the American economy to make their move.
Benefits
- Live in the US: Obtain the opportunity for you and your family to live in the United States.
- Investment Opportunity: Invest in a qualifying US business and contribute to the growth of the US economy. Check out the Top 5 Best Businesses to Invest in for the E2 Visa.
- Potential for Business Growth: Develop and manage your business in the US market.
E-2 Visa Requirements
- Substantial Investment: Make a significant investment in a new or existing US business. The investment amount varies but typically should be substantial enough to ensure the success of the business. Learn more about the E-2 minimum investment in this blog article.
- Ownership: Demonstrate that you own at least 50% of the business or possess operational control through a managerial position.
- Source of Funds: Show that the investment funds were obtained legally.
- Business Viability: Prove that the business is not marginal and has the capacity to generate more than enough income to provide a living for you and your family.
Duration
- Initial Stay: The E-2 visa is initially granted for a period of up to 2 or 5 years, depending on the country of origin.
- Renewal: You can renew the E-2 visa indefinitely as long as the investment and the business continue to meet the requirements.
- Dependents: Your spouse and children under 21 years of age can accompany you and also live and study in the United States.
Student Visas and Exchange Programs
F-1 Visa (Student Visa)
The F-1 visa, commonly known as the Student Visa, is specially designed for international students who dream of pursuing academic studies in the United States. This visa opens the door for students to enroll in educational programs at US institutions.
Benefits
- Study in the US: Gain the opportunity to pursue academic studies in the United States.
- Access to Quality Education: Access high-quality educational programs offered by US colleges and universities.
- Cultural Exchange: Immerse yourself in a diverse cultural environment and expand your horizons.
F-1 Visa Requirements
- Acceptance to a US Institution: Obtain admission to a Student and Exchange Visitor Information System (SEVIS)-approved educational institution in the United States.
- Sufficient Funds: Show proof of financial capability to cover tuition fees, living expenses, and other educational costs.
- Non-immigrant Intent: Demonstrate strong ties to your home country and intent to return upon completion of studies.
- Maintain Full-Time Enrollment: Maintain full-time enrollment status and make satisfactory academic progress.
Duration
- Duration of Study Program: The F-1 visa is typically granted for the duration of the academic program, plus an additional grace period.
- Optional Practical Training (OPT): After completing the academic program, you may be eligible for a period of optional practical training (OPT) to gain work experience in your field of study.
- Dependents: Your spouse and unmarried children under 21 years of age can accompany you and also live in the United States, but they cannot work.
J-1 Visa (Exchange Visitor Visa)
The J-1 visa, also known as the Exchange Visitor Visa, is specifically designed for those who wish to participate in exchange programs in the United States.
Benefits
- Cultural Exchange: Immerse yourself in American culture and share your own culture with others.
- Educational Opportunities: Access educational and training programs in the United States.
- Professional Development: Gain valuable work experience and enhance your skills through internships or training programs.
J-1 Visa Requirements
- Acceptance to a J-1 Program: Obtain acceptance to a designated J-1 exchange program sponsored by an approved program sponsor.
- Purpose of Visit: Have a specific and documented reason for coming to the United States, such as participation in an educational or cultural exchange program.
- Sponsorship: Be sponsored by an organization designated by the U.S. Department of State to administer exchange visitor programs.
Duration
- Program Duration: The duration of the J-1 visa depends on the specific exchange program, ranging from a few weeks to several years.
- Cultural Exchange: Engage in cultural activities and events during your stay in the United States.
- Dependents: In some cases, your spouse and unmarried children under 21 years of age may accompany you on a J-2 visa, allowing them to live and study in the United States.
Not sure which US visa is right for you?
Not sure which US visa is the right fit for you? Feeling unsure if you meet all the requirements? We get it — navigating the US immigration process can be overwhelming. That’s why we recommend getting help from an immigration attorney.
Manifest Law offers free visa consultations to assess your eligibility and explore visa options. Their experienced immigration attorneys have helped thousands of clients make the US their home, whether permanently or for temporary stays.
Reach out to Manifest Law today to kick-start your immigration journey.
