Contrary to what's often said, data from Homeland Security reveals that the number of illegal border crossings has decreased by approximately 90 percent since 2000. Additionally, a greater number of immigrants are entering the United States through legal channels.
Here are some of the most typical ways people legally enter the country, which could lead to getting permanent residency and, eventually, citizenship.
A Guide to Legal Pathways for Immigration and Work in the United States.docx
1. A Guide to Legal Pathways for
Immigration and Work in the United
States
Contrary to what's often said, data from Homeland Security reveals that the number of illegal border
crossings has decreased by approximately 90 percent since 2000. Additionally, a greater number of
immigrants are entering the United States through legal channels.
Here are some of the most typical ways people legally enter the country, which could lead to getting
permanent residency and, eventually, citizenship.
Immigrating with Family
Family-based immigration is the most significant pathway for entering the U.S. by a large margin.
American citizens and lawful residents have the opportunity to bring their foreign spouses, fiances,
unmarried children, siblings aged 21 or older, and parents into the country through sponsorship.
Work Visas
Another avenue is through obtaining a work visa. Employers have the option to sponsor foreign workers
possessing specialized skills if suitable candidates cannot be found domestically. Various types of work
visas exist, some for specific durations requiring the foreign worker to return to their home country
afterward, while others offer longer-term stays. H1B visas, for instance, are prevalent in areas like
Silicon Valley due to the high demand for engineering and computer science professionals.
U.S. work visas are official documents issued by the U.S. government that allow foreign nationals to
legally work within the United States for a specific period. These visas are typically sponsored by U.S.
employers who are unable to find qualified candidates domestically and therefore seek to hire
individuals with specialized skills or expertise from other countries.
A variety of U.S. work visas are available, each tailored to specific purposes and categories of workers.
Some of the most common work visas include:
1. H-1B Visa: This visa is for professionals in specialty occupations that require a higher education
degree or its equivalent. It's commonly used by employers in fields such as technology,
engineering, medicine, and academia.
2. L-1 Visa: The L-1 visa is for intracompany transferees, allowing multinational companies to
transfer employees from their foreign offices to their U.S. offices. There are two subcategories:
L-1A for managers and executives, and L-1B for employees with specialized knowledge.
3. O Visa: The O visa is for individuals with extraordinary ability or achievement in their field,
including artists, athletes, scientists, and business professionals.
2. 4. TN Visa: This visa is available under the North American Free Trade Agreement (NAFTA) and
allows citizens of Canada and Mexico to work in the United States in certain professional
occupations.
5. E Visa: The E visa category is for treaty traders (E-1) and treaty investors (E-2) who come to the
United States under a treaty of commerce and navigation between the U.S. and their home
country.
6. H-2 Visa: The H-2 visa is for temporary non-agricultural workers (H-2B) and temporary
agricultural workers (H-2A) who are needed by U.S. employers can utilize these visas to hire
individuals for temporary or seasonal positions.
These are just a few examples of the various types of U.S. work visas available. Each visa category has its
own eligibility criteria, application process, and limitations, and both employers and employees need to
understand the specific requirements associated with each type of visa.
Student Visas
Student visas come in two forms. The F visa enables foreigners to engage in academic studies or
language training programs within the U.S., while the M visa is designated for non-academic or
vocational studies. Individuals holding student visas encounter certain constraints if they aspire to
establish permanent residency in the U.S.
Visa Lottery
Another distinctive method of entering the U.S. is through the Diversity Visa Lottery program. Annually,
the government randomly awards 50,000 visas to individuals residing in countries with low immigration
rates to the U.S.
Business Immigration
Another route to entering the United States involves investment. Foreign entrepreneurs can secure an
immigrant investor visa by investing a minimum of $500,000 in a business venture and generating at
least five full-time positions.
Asylum Seekers
Individuals can also present themselves at a U.S. port of entry and request asylum if they can provide
evidence of past or potential persecution in their home country due to factors like race, religion,
nationality, membership in a particular social group, or political beliefs. Those outside the U.S. seeking
similar protection are categorized as refugees. Additionally, individuals unlawfully present in the United
States can also seek asylum safeguarding.
Easiest Way to Become Permanent Resident of the US
The EB-2 NIW Visa is not technically a work visa in the same sense as the H-1B or L-1 visas. Instead, it is a
category of green card (permanent residency) eligibility within the employment-based immigration
system in the United States.
3. The EB-2 NIW category is specifically designed for individuals with advanced degrees or exceptional
abilities in their field who seek to obtain a green card based on their employment in the United States.
The National Interest Waiver component allows applicants to bypass the typical requirement of a job
offer from a U.S. employer and the labor certification process by demonstrating that their work is in the
national interest of the United States.
While the EB-2 NIW does not grant immediate work authorization upon approval, successful applicants
can eventually obtain permanent residency (green card) status, this grants them the ability to
permanently reside and work in the United States without requiring an additional work visa. Therefore,
while it is not a work visa per se, it is a pathway to obtaining permission to work and reside in the United
States permanently.