United States Immigration General Overview:

For more specific information and legal advice regarding your case, please contact Deanna E. Benjamin at (425) 499-0323 or contact@dbenjaminlegal.com.

Statue of Liberty

Visas

B-1

Business visitor status for short trips for government approved business-related activities.  This status does not allow work authorization.  Applicant needs to evidence ties to home country and intent to return home.

B-2

Pleasure visitor for vacation trips to the United States.  Applicant needs to evidence ties to home country and intent to return home.

E-1

Treaty trader visa for nationals of countries which have a treaty with the United States to engage in international trade in the United States on behalf of a qualifying organization.

E-2

Investor visa for nationals of countries which have a treaty with the United States to engage in substantial investment in the United States on behalf of a qualifying organization.

E-3

Work visa for Australian citizens.  Must evidence Bachelor’s level or higher position and Bachelors or higher related degree.

F-1

Student visa for study at Colleges and Universities.  Must show intent to return to home country.

H-1B

Work visa for Bachelor’s degree applicants.  Must evidence Bachelor’s level or higher position and Bachelors or higher related degree.  Annual cap with applications accepted on April 1 for an employment start date on or after October 1.

H-3

Trainee visa for classroom training with the company in the United States that is not available in home-country.  Must show intent to return to home country.

J-1

Cultural Exchange visa for certain categories.   Must apply through a government approved J-1 program.  Must show intent to return to home country.

K-1

Fiancée visa.  Apply at a United States consulate abroad and enter the United States. Must marry within 90 days of entry.

L-1B

Specialized knowledge intra-company transferee visa.   Eligible if worked for a company outside the United States for one year in a specialized knowledge position, can transfer to company in the United States.

L-1A

Manager intra-company transferee visa.   Eligible if worked for a company outside the United States for one year in a managerial position, can transfer to company in the United States.

O-1

Extraordinary ability in the arts, sciences or business.  Must demonstrate position in top percent of the field internationally.  Evidence through awards, publications, etc.

P-1B

Member of Internationally Recognized Entertainment Group.

P-2

Performer or Group Performing under Reciprocal Exchange Program.

P-3

Artist or Entertainer Part of a Culturally Unique Program.

TN

NAFTA treaty work visas for Mexican and Canadian nationals in certain approved positions.

R-1

Temporary Nonimmigrant Religious Workers.   Temporary worker who is a minister or religious vocation abroad coming to the United States to work for a non-profit religious organization in the United States.

Green Cards

Employment Based:

EB-1

Extraordinary ability in the arts, sciences or business.

EB-2: Self-Petition NIW: National Interest Waiver

Applicant needs an advanced degree and demonstrate exceptional ability in the sciences, arts, or business.  Must demonstrate that it is in the national interest that you work permanently in the United States.

United States Flag

EB-2

Category for advanced degrees.  Requires test of the labor market. Must have a sponsoring employer, except the National Interest Waiver category (see above).

EB-3

Category for Bachelor degree professionals.  Requires a test of the labor market.  Must have a sponsoring employer.

Family Based

Marriage

Marriage to United States’ Citizen.

Family

You may apply as the immediate relative of a United States’ citizen if you are: Spouse of a United States’ citizen, Unmarried child under the age of 21 of a United States citizen, Parent of a United States citizen who is at least 21 years old.

There is a backlog depending on availability for: Unmarried son or daughter of a United States citizen and you are 21 years or older, Married son or daughter of a United States citizen, Brother or sister of a United States citizen who is at least 21 years old, Spouse of a lawful permanent resident, Unmarried child under the age of 21 of a lawful permanent resident, Unmarried son or daughter of a lawful permanent resident 21 years or older.

Asylum

May apply for protection based on suffered persecution or fear that they will suffer persecution due to: Race, Religion, Nationality, Membership in a particular social group, or Political opinion.  To apply for Asylum, must file within one year of arrival to the United States.

Naturalization

Application to become a United States’ citizen.  Green card holders are eligible to apply for United States’ citizenship after 5 years, unless they are married to a United States’ citizen, then they may apply within 3 years.

Next Steps...

If you have any questions, please reach out and I will be happy to talk things over. (425) 499-0323