Immigration terms

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Temporary Work Visas

H-1B Visa

The H-1B visa is a temporary work visa for individuals holding positions in a specialty occupation. The U.S. Citizenship and Immigration Services (CIS) generally defines a specialty occupation as one requiring at least a Bachelor`s degree or the equivalent for entry into the position and that the position be one that requires specialized knowledge. The CIS has approved H-1B status for, among others, Computer Programmers, Marketing Specialists, Accountants, Teachers, Engineers, and Meeting Planners.

L-1 Visa

This category is available for individuals who are transferring from a foreign company to work for an affiliated (parent, subsidiary, branch) U.S. company. The two L-1 categories are: (1) L-1A for individuals who will be performing managerial or executive duties in the U.S. and performed similar duties for the foreign company; and (2) L-1B for individuals who have specialized knowledge about the company's products or services.

O-1 Visa

The O-1 visa is for individuals of extraordinary ability in the field of sciences, arts, education, business or athletics. In order to be awarded this visa designation, the individual must be able to show sustained national or international acclaim in his or her field.

TN Visa

This category is reserved for citizens of Canada and Mexico and is authorized under the North American Free Trade Agreement (NAFTA). The TN visa is available only for specifically listed professional positions (such as architect, computer systems analyst, economist, engineer, graphic designer, lawyer or teacher).

Source: U. S. Department of State

Permanent Residence

Permanent Residence (Green Card)

Permanent residence enables you and your immediate family to live and work in the United States permanently. Most people obtain green cards by being sponsored by their employers or their relatives. Other people obtain permanent residence through the green card lottery, through asylum and through various other means.

Permanent Residence Through Employment

Employers who wish to sponsor an employee for permanent residence (green card) must first obtain certification from the U.S. Department of Labor (USDOL). As of March 28, 2005, the system used for obtaining certification is called the Program Electronic Review Management or PERM. The employer must conduct an extensive recruitment prior to the submission of the application to the USDOL and certify that there are no U.S. workers qualified and available for the position and that employing the foreign employee will not adversely affect U.S. workers. Under PERM, an employer must advertise the position offered in two Sunday issues of a newspaper of general circulation in the area of intended employment, post job availability notices at the job site, and place a job order with the applicable State Workforce Agency. If the job is considered "professional" (a job that requires the attainment of a bachelor`s or higher degree), in addition to the above recruitment, the employer also must conduct three additional recruitment steps from a list of options, including attendance at a job fair, placement of a position notice on the employer`s website, advertisement of the position on a job search website other than the employer`s and participation in on-campus recruiting.

Once the USDOL has issued the certification, the employer files an immigrant petition with the Citizenship and Immigration Services (CIS) requesting approval in an employment based category (EB-I for Priority Workers, EB-II for Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability, and EB-III for Skilled Workers, Professionals, and Other Workers) showing financial ability to pay the offered wage. If an immigrant visa number is available for the employee at the time of certification by the USDOL, the foreign employee would be eligible to file his or her adjustment application in conjunction with the employer`s immigrant petition. If no visa number is available at that time, the foreign employee will be required to wait until a visa number is available before filing the adjustment application.

U.S. Citizenship

Naturalization

Naturalization is the process by which U.S. citizenship is conferred upon a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA). The general requirements for administrative naturalization include:

• a period of continuous residence and physical presence in the United States;
• residence in a particular USCIS District prior to filing;
• an ability to read, write, and speak English;
• a knowledge and understanding of U.S. history and government;
• good moral character;
• attachment to the principles of the U.S. Constitution; and
• favorable disposition toward the United States.

All naturalization applicants must demonstrate good moral character, attachment, and favorable disposition. The other naturalization requirements may be modified or waived for certain applicants, such as spouses of U.S. citizens.

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