Immigrating legally to the United States is accomplished through a variety of visa categories, but there are only a few main pathways. The most common ways for people to immigrate include having family connections, being sponsored by an employer, or seeking humanitarian protection. Additionally, individuals may also be able to come to the US if they possess specialized skills or are selected through the diversity visa lottery. Each visa category has its own specific requirements, is subject to numerical limits, and comes with its own set of rights and responsibilities

ESTA Visa

The ESTA (Electronic System for Travel Authorization) is a pre-screening system for travelers from Visa Waiver Program (VWP) countries to enter the United States for tourism or business purposes for 90 days or less without obtaining a traditional visa.

Employment Visa Categories

H-1B Visa

The H-1B visa is a non-immigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. The H-1B visa is intended for workers in highly specialized fields such as technology, engineering, finance, science and medicine, and it is available to both new and continuing employment

H-2A Visa

The H-2A visa is a non-immigrant visa that allows U.S. employers to temporarily hire foreign workers to perform seasonal agricultural labor or services

H-2B Visa

The H-2B visa is a non-immigrant visa that allows U.S. employers to temporarily hire foreign workers to perform non-agricultural labor or services on a one-time, seasonal, peak-load, or intermittent basis.

L-1A and L-1B

The L-1 visa is a non-immigrant visa that allows U.S. employers to transfer certain employees from a foreign affiliate, subsidiary, parent, or branch office to a U.S. office. There are two types of L-1 visas: L-1A and L-1B.

• L-1A: This type of visa is for executives and managers of foreign companies who are being transferred to a U.S. office to serve in an executive or managerial capacity. L-1A visa holder can stay in the U.S. for a maximum of 7 years.
• L-1B: This type of visa is for employees with specialized knowledge of the company’s products, services, research, equipment, techniques, management, or other interests and its application in international markets, who are being transferred to a U.S. office to serve in a specialized knowledge capacity. L-1B visa holder can stay in the U.S. for a maximum of 5 years.

Employment Based Preference System

Category	Eligibility	Yearly Limit
Priority Workers	Individuals with exceptional talents in the fields of arts, science, education, business, or athletics; distinguished professors and researchers; and top managers and executives who have worked for a foreign affiliate, subsidiary, parent, or branch office of the U.S. employer.	40,000* or 28.6%
Professionals With Advanced Degrees or Exceptional Ability.	Individuals with advanced degrees in a specific profession or those with exceptional abilities in the arts, science, or business.	40,000** or 28.6%
Skilled Workers, Professionals, and Unskilled Workers	Individuals with at least two years of training or experience in a specific skill, those with college degrees in a specific profession, or those who are suitable for unskilled labor that is not temporary or seasonal.	40,000*** or 28.6% “Other” unskilled laborers restricted to 5,000
Certain Special Immigrants	Specific categories of “special immigrants” such as religious workers, staff members of U.S. foreign service posts, translators, former employees of the U.S. government, and other groups of non-citizens.	9,940 or 7.1%.
Immigrant Investors	Individuals who are willing to invest between $500,000 and $1 million in a business venture that will create employment opportunities for at least 10 permanent U.S. workers.	9,940 or 7.1%.

*Plus any unused visas from the 4th and 5th preferences

**Plus any unused visas from the 1st preference

***Plus any unused visas the 1st and 2nd preference

Immediate Relative Immigrant Visas (Unlimited)

Fiancé(e) to marry U.S. Citizen & live in U.S.

A foreign national who is engaged to a U.S. citizen may be eligible for a K-1 fiancé(e) visa to enter the United States and marry their U.S. citizen sponsor.

IR-1: Spouse of a U.S. Citizen

The IR-1 visa, also known as the Spousal Visa, is a type of immigrant visa that allows the spouse of a U.S. citizen to enter and live in the United States permanently.

IR-2: Unmarried Child Under 21 Years of Age of a U.S. Citizen

The IR-2 visa is a type of immigrant visa that allows the unmarried child under the age of 21 of a U.S. citizen to enter and live in the United States permanently.

IR-3: Orphan adopted abroad by a U.S. Citizen

The IR-3 visa is a type of immigrant visa that allows an orphan who has been adopted abroad by a U.S. citizen to enter and live in the United States permanently.

IR-4: Orphan to be adopted in the U.S. by a U.S. citizen

The IR-4 visa is a type of immigrant visa that allows an orphan who will be adopted in the United States by a U.S. citizen to enter the United States temporarily and then adjust status to permanent resident after the adoption is completed in the U.S.

IR-5: Parent of a U.S. Citizen who is at least 21 years old

The IR-5 visa is a type of immigrant visa that allows the parent of a U.S. citizen who is at least 21 years old to enter and live in the United States permanently.

Family Preference Immigrant Visas (Limited)

Family First Preference (F1)

The Family First Preference (F1) category is a type of immigrant visa for certain family members of U.S. citizens. This category is for unmarried adult sons and daughters (21 years of age or older) of U.S. citizens. There are 23,400 of these available.

Family Second Preference (F2)

The Family Second Preference (F2) category is a type of immigrant visa for certain family members of U.S. citizens. This category is for the spouses, minor children (under 21 years of age), and unmarried adult children (21 years of age or older) of Lawful Permanent Residents (LPRs). There are 114,200 of these available.

Family Third Preference (F3)

The Family Third Preference (F3) category is a type of immigrant visa for certain family members of U.S. citizens. This category is for the married adult sons and daughters of U.S. citizens. There are 23,400 of these available.

Family Fourth Preference (F4)

The Family Fourth Preference (F4) category is a type of immigrant visa for certain family members of U.S. citizens. This category is for brothers and sisters of U.S. citizens. There are 65,000 of these available.

Non Immigrant Visas

Athlete, amateur or professional (competing for prize money only)

Athletes, both amateur and professional, may be eligible for a P-1 visa to enter the United States to compete in their respective sport.

Au pair (exchange visitor)

An au pair is a young adult from a foreign country who comes to the United States to live with an American host family and provide child care services in exchange for the opportunity to study, travel, and experience American culture.

Others

• Border Crossing Card: Mexico (BCC)
• Business Visitor, Domestic employee or nanny – must be accompanying a foreign national employer (B-1)
• CNMI Only Transitional Worker (CW-1)
• Crew Member (D)
• Diplomat or foreign government official (A)
• Employee of a designated international organization or NATO (G1 – G5, Nato)
• Exchange visitor, Physician, Professor, scholar, teacher (exchange visitor) (J)
• Foreign military personnel stationed in the United States (A-2, NATO1-6)
• Foreign national with extraordinary ability in Sciences, Arts, Education, Business or Athletics (0)
• Free Trade Agreement (FTA) Professional: Chile, Singapore (H1-B1 Chile, H1-B1 Singapore)
• International cultural exchange visitor (Q)
• Intra-company transferee (L)
• Medical treatment, visitor for, Tourism, vacation, pleasure visitor (B-2)
• Media, journalist (I)
• NAFTA professional worker: Mexico, Canada (TN/TD)
• Performing athlete, artist, entertainer (P)
• Physician, Specialty occupations in fields requiring highly specialized knowledge (H-1B)
• Religious worker (R)
• Student: academic, vocational (F,M)
• Temporary agricultural worker (H-2A)
• Temporary worker performing other services or labor of a temporary or seasonal nature (H-2B)
• Training in a program not primarily for employment (H-3)
• Treaty trader/treaty investor (E)
• Transiting the United States (C)
• Victim of Criminal Activity (U)
• Victim of Human Trafficking (T)
• Nonimmigrant (V) Visa for Spouse and Children of a Lawful Permanent Resident (LPR) (V)

Non Immigrant and Immigrant Visa Categories

Religious Workers

The R-1 visa is a non-immigrant visa for foreign national religious workers who are coming to the United States temporarily to work for a non-profit religious organization.

Iraqi and Afghan Translators/Interpreters

The Special Immigrant Visa (SIV) program for Iraqi and Afghan Translators/Interpreters is a special program for individuals who have worked as translators or interpreters for the U.S. government in Iraq or Afghanistan and are facing danger as a result of their cooperation.

Iraqis Who Worked for/on Behalf of the U.S. Government

The Special Immigrant Visa (SIV) program for Iraqis who worked for/on behalf of the U.S. government is a special program for certain Iraqi citizens who have worked for or on behalf of the U.S. government in Iraq and are facing danger as a result of their cooperation.

Afghans Who Worked for/on Behalf of the U.S. Government

The Special Immigrant Visa (SIV) program for Afghans who worked for/on behalf of the U.S. government is a special program for certain Afghan citizens who have worked for or on behalf of the U.S. government in Afghanistan and are facing danger as a result of their cooperation.

Diversity Immigrant Visa

The Diversity Immigrant Visa (DV) program, also known as the green card lottery, is a U.S. government program that makes available up to 55,000 permanent resident visas annually to individuals from countries with low rates of immigration to the United States.

Returning Resident

A Returning Resident (SB-1) visa is a type of non-immigrant visa for individuals who are a lawful permanent resident of the United States, but have been outside of the country for an extended period and are unable to return to the U.S. on their current valid Permanent Resident Card (Green Card).

I will be going into detail on every single visa that is mentioned in this post. The United States Immigration System can be quite confusing and daunting. I can promise you, a lot of people get through it but it can be difficult. I’m currently going through UCIS with my American Immigration and it’s not for the faint hearted.

Love, Bee xxx