You must apply for an IV if you want to live permanently in the United States. Work opportunities, marriage, family relations, adoption, and diversity requirements are all grounds for which the U.S. issues immigrant visas. In general, if you are seeking an immigrant visa for the U.S., you must have a petition signed by the United States Citizenship and Immigration Services (USCIS). A family member or employer usually sponsors the applicant by filing an application to USCIS. However, certain applicants, such as workers with extraordinary ability, investors, and some special immigrants, may file a petition on their own behalf. You do not need to renew or extend your immigrant visa after you have obtained it. Furthermore, suppose you live in the United States for a specific time without committing any crimes. In that case, you can petition for citizenship, and if granted, you will become a U.S. citizen.
IR1 and CR1 are known as spouse visas. These visas are issued to people who are legally married to U.S. citizens. Living together does not constitute marriage. You will need to provide documents as proof of your wedding.
The K1 visa, also known as a fiancé visa, is a non-immigrant visa that allows a foreigner to travel to the United States to marry a U.S. citizen. We have included it here as it is usually adjudicated in the immigrant section and follows a similar interview to the IR1 and CR1.
A Conditional Resident (CR1) Visa is issued to foreign-citizen spouses who have just married a U.S. citizen. It allows them to live together in the United States. CR1 visas are given to couples married for less than two years. After that, you will be granted an IR1 visa. It can take 7 to 10 months for this visa to be issued. Once issued, you can enter and work in the United States.
CR2 visas are issued to children of CR1 visa holders. Dependents must be unmarried and under the age of 21.
The Immediate Relative (IR1) visa grants permanent residency to the spouse of a U.S. citizen. This visa is issued after two years of marriage. As an IR1 visa holder, you are permitted to work and study in the United States. You are also allowed to move freely within and outside of the country. The IR1 visa is valid for ten years and grants permanent residence status and a path to citizenship.
IR2 visas are issued to children of IR1 visa holders. Dependents must be unmarried and under the age of 21.
If you are engaged to a United States citizen, your fiancé(e) can petition for a K1 visa on your behalf. This visa allows the holder to visit the United States and marry their U.S. citizen sponsor within 90 days of arrival. Once a K1 is issued, it is valid for a single entrance for up to 6 months. You can work in the U.S. as a K1 visa holder if you get a work permit after entering the country. Following your marriage, you may petition for an adjustment status to get a U.S. Green Card.
K-2 visas are issued to children of K1 visa holders. Dependents may or not be the biological offspring of the U.S. citizen fiancé.
Immigrant work visas will allow you to reside and work permanently in the United States. Most of them require an employer to apply on your behalf, while for some of them, you can petition for yourself. The employer-sponsored visas have a yearly limit of 140,000 visas. This limit is divided across five visas. Once the annual visa cap is met, the remaining applicants must wait for their turn in subsequent years, resulting in lengthy processing delays. The section below summarizes the EB visa categories we assist with at Udeti.
EB1 visas are the first type of employment-based IV. This visa allows qualified foreign individuals to reside and work permanently in the United States. EB1 visa is intended for first-priority workers. To be qualified as such, you must fall into one of these three categories –
Internationally recognized academics, researchers
Individuals with exceptional talents in the field of arts, sciences, business, education, or sports
Multinational executives that have worked for a U.S.-based company for at least one of the last three years
An employer must file a petition for the academics/researcher and multinational executive EB1 visas on your behalf. For applying based on exceptional talent, you can file a petition for yourself. The EB1 visas are widely preferred because of their short wait times compared to other immigrant visa categories.
E14 and E15 visas are issued to spouses and children of EB1 visa holders.
EB2 immigrant visas are issued to second-priority workers. To qualify for this visa, you need to fulfill any of the following three criteria –
The application process for an EB2 visa requires the involvement of both the company and the foreign employee. Your employer in the United States must obtain a labor certificate and submit the necessary petitions. Then, if the application is granted, you must apply for the EB2 visa at the U.S. Embassy in your home country.
E21 and E22 visas are issued to spouses and children of EB1 visa holders, respectively. After receiving their visa, your spouse can work in the United States by obtaining an Employment Authorization Document.
EB3 immigrant visas are issued to third-priority workers. To qualify for this visa, you need to fulfill any of the following three criteria –
After getting an EB3 visa, you can reside in the United States permanently. You will receive a Green Card, and you are obligated to pay all the appropriate taxes. With this Green Card, you can work without needing an Employment Authorization Document (EAD). You can also move companies and work positions after a few years at the same employment. The application process for an EB3 visa is like that of an EB2 visa. Your employer in the United States obtains a labor certificate and submits the required petitions. Then, if the application is granted, you need to apply for the EW-3 visa at a U.S. Embassy in your home country.
E34 and E35 visas are issued to spouses and children of skilled and professional EB3 visa holders, respectively. Whereas the spouse of an unskilled worker is eligible for an EW4 visa, and the children are eligible for an EW5 visa. After receiving the visa, your spouse can work in the United States by obtaining an Employment Authorization Document (EAD).
The EB5 Visa is the United States equivalent of a Golden Visa. It will permit you to live, work, study, or retire in the U.S. without needing to find a job. To get an EB5 visa, you must spend at least $900,000 in a U.S. business and generate at least 10 American jobs. As a result, this visa is appropriate for wealthy investors seeking American citizenship. The United States only awards 10,000 EB5 Investment Visas each year. This figure also includes visas issued to family members of the applicants.
There are four types of investment visas based on Eb5 –
Spouses and children can be included in the visa application for EB5. Dependents will also be granted Green Cards.
The Diversity Visa program randomly selects 50,000 individuals from different countries to receive United States Green Card every year. These individuals are chosen from countries that do not send many immigrants to the U.S. (known as low-admittance nations). The Diversity Immigrant Visa (DV) lottery attempts to diversify the U.S. immigrant population. The DV lottery requires the primary applicant to have a high school diploma or equivalent or two years of qualifying work experience as specified by U.S. law. To apply for the DV program, you must be at least 18 years old and meet all educational criteria. There is no maximum age limit for this program. Citizens of the following countries are excluded from the DV program –
A married pair may individually apply for the DV Lottery, and if either is chosen, the other will also become eligible for a Green Card. Applicants who win the DV lottery may extend that advantage to their dependents. Suppose you do not include your spouse and all unmarried children under 21 in your online DV visa application. In that case, you will be rejected, and everyone included in the application will be denied visas at the time of the visa interview.
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