Immigration 101

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Glossary & FAQ

Common terms used in the immigration process.

Immigrant Categories

Naturalized Citizen/US Citizen

Must be at least 18 years of age and have resided in US for 5 years continuously.

Lawful Permanent Resident (LPR)

Known as “green card holders” these are family, employment, and diversity based visas.

Conditional Permanent Resident

Spouses and their children of non US citizens who applied for lawful permanent resident status based on a qualifying marriage to a LPR or a citizen.

*Source:

State Justice Institute⁠

⁠

Visa Types

H-1B visa

A work visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. “Specialty Occupations” refer to jobs requiring a bachelor’s degree.

O-1 Visa

Individuals with Extraordinary Ability or Achievement

The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements. The O-1 Visa is not a capped visa. There is no annual limit regarding how many O-1s can be administered.

The O nonimmigrant classification is commonly referred to as:

O-1A: individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry)

O-1B: individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry

O-2: individuals who will accompany an O-1, artist or athlete, to assist in a specific event or performance. For an O-1A, the O-2’s assistance must be an “integral part” of the O-1A’s activity. For an O-1B, the O-2’s assistance must be “essential” to the completion of the O-1B’s production. The O-2 worker has critical skills and experience with the O-1 that cannot be readily performed by a U.S. worker and which are essential to the successful performance of the O-1

O-3: individuals who are the spouse or children of O-1’s and O-2’s

F1 visa

Issued to international students who are attending an academic program or English Language Program at a US college or university. F-1 students must maintain the minimum course load for full-time student status.

Stem OPT Extension

The STEM OPT extension is a 24-month period of temporary training that directly relates to an F-1 student's

program of study⁠

in an approved STEM field. On May 10, 2016, this extension effectively replaced the previous 17-month STEM OPT extension.

K-1 visa

A visa issued to the fiancé or fiancée of a United States citizen to enter the United States. A K-1 visa requires a foreigner to marry his or her U.S. citizen petitioner within 90 days of entry, or depart the United States.

E3 Australian Work Visa

If you are considering hiring an Australian citizen, you will need to consider the E3 visa.

Candidates fall in the field of architects, economists, teachers, lawyers and computer professionals and should have a master’s degree.

TN (Nonimmigrant NAFTA Professional) Visa

This type of visa is for Mexican and Canadian citizens who want to work in the US. The TN visa is valid for 1 year with the ability to extend.

What professions are eligible for the TN visa?

The list captures 50+ professions and you can see the full list

here⁠

How do candidates apply for a TN visa?

It depends on where they are coming from:

From Canada, you can apply when you reach the US border or airport.

From Mexico, you need to go to the consulate before you enter the US.

For more information on TN visas, UpCounsel has provided all the

details.⁠

⁠

The J1 visa offers cultural and educational exchange opportunities in the United States through a variety of programs overseen by the U.S. State Department. J-1 training visa can be valid up to 18 months for somebody to gain training and work experience at your company that they then intend to take back to their home country.

Green Card

In the US, a green card is proof that a foreigner has gone through the immigration process and become a US citizen. Legal fees for obtaining a green card approx. 15K.

EB-1 Priority Workers

Foreigners with extraordinary ability in sciences, arts, education, business or athletics;

Outstanding professors and researchers;

Multinational execs and managers

EB-2 Professionals with advanced degrees or exceptional ability

Foreigners, who, because of their exceptional ability in science, art, business or an area that will substantially benefit the national economy, cultural, or educational interests or welfare of the US.

Foreigners who are members of professions holding advanced degrees or the equivalent.

EB-3 - Professional or Skilled Workers

Professionals with a baccalaureate degree

Foreigners able to do skilled labor (requiring at least 2 years of training or experience) for which qualified workers are not available in the US.

EB-4 - Special Immigrants

Religious workers. Please visit

USCIS⁠

for details and supporting documents needed.

Certain physicians. Requirements include: graduated from medical school and qualified to practice medicine in foreign state by 1/9/1978.

Frequently Asked Questions

As an employer, can I sponsor a current employee for citizenship/ a green card if they don’t have one?

You can, but this is a long, multi-step process. We recommend you work with an immigration lawyer to help you through all the steps. The cost for the company will be around $10,000 (including legal fees).

Where do I start?

Employer secures

Application for Permanent Labor Certification⁠

from the Dept. of Labor.

Once approved, employer files

Form I-140⁠

, Immigrant Petition for Alien Worker, on behalf of the foreign national with USCIS.

Which employees can I sponsor?

A current or prospective national employee who is inside or outside the US and may qualify under 1 or more of the employment-based (EB) immigrant visa categories (divided into preference categories).

I’ve filled out this petition… what does this mean for the employee?

It shows that you have the intent to hire the employee (upon approval of the immigrant petition). You are proving that in the near future, you will have an employee/employer relationship, the employee has the qualifications for the role, and you are giving her a spot in line to wait to immigrate based on the EB category.

Once I file, how long do I have to wait until the employee can immigrate?

It depends on a few things such as how many people from that country are immigrating and how many people from each category. For some there is no waiting period and for others it can be a long process.

My potential employee has reached the head of the line. Now what?

They may be able to apply for US immigration. The “priority date” according to their place in line is driven by the date the labor certification is filed with the DOL. In the event a labor certification is not required, then the petition is filed with USCIS.

What if the national has a family? Do they follow the same process?

It is safe to say that when the employee applies to immigrate, the spouse and children (must be under 21 and unmarried) can apply as dependents.

Where do I get more information on status of a petition?

⁠

USCIS website⁠

⁠

What if I want to hire a contractor/freelancer that is not authorized to work in the US?

Unfortunately, it is not possible to get someone a contractor type visa. The only exception is if someone is coming from an employment agency in their respective country and already has a work permit.

The process of sponsoring an employee for a visa or green card may seem daunting when you consider the paperwork and timing. Before you consider sponsoring a candidate, make sure you understand all the steps and requirements necessary. Getting counsel from an immigration lawyer at the beginning of the process may save money and time in the long run. It’s not a simple process and a specialist will help you avoid mistakes and provide options you may not have considered.