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Visa Option Calculator
 

Questions-Begin Here:

1. Has green card?

YES NO

2. Born in U.S., even if Foreign citizenship acquired?

YES NO

3. Had green card for 3-5 1/2+ years?

YES NO

4. One or more parents or grandparents born in U.S., passing on citizenship [section 5.2]?

YES NO

5. Has U.S. citizen or green-card parent, child, spouse, sister, brother [section 5.2]; can wait for a visa? [section 2.4 (b)(i)]

YES NO

6. Has job offer or existing/prospective business in U.S.?

YES  NO

7. Can wait 1 1/2 - 3 1/2+ years for green card before working?

YES NO

8. No active management in U.S.; only brief business trips over short time period?

YES NO

9. Profession on list of TN free trade professionals? (See the list.)

YES NO

10. Has specialized university bachelor's degree that at least partially relates to job duties?

YES NO

11. Has 3 years' professional experience for each missing year of bachelor's degree?

YES NO

12. Company Foreign-owned with substantial Foreign-U.S. trade or substantial past or future investment in U.S.?

YES NO

13. Worked 1 yr. within prior 3 yrs. in Foreign in high-level position; will work in U.S. for same or affiliated company?

YES NO

14. Meets all these requirements:

  • Can demonstrate sustained national or international acclaim
  • Can demonstrate recognition of achievements through extensive documentation
  • Worker possesses extraordinary ability in the sciences, arts, education, business or athletics
  • Position or services to be performed require a worker with extraordinary ability?

YES NO

15. Willing to work 1-2 yrs. without getting green card from sponsoring employer?

YES NO

16. Employer can set up training program?

YES NO

Immigration Permits Selected by Your Answers:

1. Returning Resident: Full permanent residency [section 4.6]

  1. Main procedural step: Strengthen U.S. links then use old green card
  2. Initial duration of status: If produced after August 1/89, a routine renewal required
  3. Total time-limit cap on the category: 10-yr. time cap only on cards produced after Aug. 1/89
  4. Processing time: No waiting
  5. Major advantage: No additional applications
  6. Major disadvantage: INS can invalidate green card


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2. U.S. Citizen; Dual Citizen [Ch.5]

  1. Main procedural step: Apply for U.S. passport
  2. Initial duration of status: Naturalization valid forever
  3. Total time-limit cap on the category: No expiration, just renew passport
  4. Processing time: One day to several months
  5. Major advantage: Has full citizen's rights; no sponsor required
  6. Major disadvantage: Questionable cases hard to document


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3. U.S. Citizen; Dual Citizen [Ch.5]

  1. Main procedural step: Apply for U.S. passport
  2. Initial duration of status: Naturalization valid forever
  3. Total time-limit cap on the category: No expiration, just renew passport
  4. Processing time: One day to several months
  5. Major advantage: Has full citizen's rights; no sponsor required
  6. Major disadvantage: Questionable cases hard to document


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4. U.S. Citizen; Dual Citizen [Ch.5]

  1. Main procedural step: Apply for U.S. passport
  2. Initial duration of status: Naturalization valid forever
  3. Total time-limit cap on the category: No expiration, just renew passport
  4. Processing time: One day to several months
  5. Major advantage: Has full citizen's rights; no sponsor required
  6. Major disadvantage: Questionable cases hard to document


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5. Green Card with U.S. Relative-Sponsor: Full permanent residency [section 4.4]

  1. Main procedural step: Relative files petition with U.S. consulate or local INS office
  2. Initial duration of status: If produced after Aug. 1/89, a routine renewal required
  3. Total time-limit cap on the category: 10-yr. time cap only on cards produced after Aug. 1/89
  4. Processing time: From 90 days to many years
  5. Major advantage: No U.S. employer needed
  6. Major disadvantage: Potential long wait [section 2.4 (b)]


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6. Special cases could include:

  • Visa lottery winners [section 4.4A]
  • Natives of the Philippines
  • War veterans
  • Expatriated U.S. citizens whose cases could be reopened.
  • Special occupations allowed under B-1 status, such as horse sulky drivers, ethnic performers, people who sell and service Foreign-made products in U.S.

If any of the above are applicable to your potential employee, consult a U.S. immigration specialist.

If this Visa Selector finds no options, consider a telephone consultation with me. Chances are, if your company needs someone badly enough, there is a way.

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7. Green Card with Employer-Sponsor: Full permanent residency [section 4.1-section 4.3]

  1. Main procedural step: Employer applies to local Labor Dept. office or INS Regional Center
  2. Initial duration of status: If produced after Aug. 1/89, a routine renewal required
  3. Total time-limit cap on the category: 10-yr. time cap only on cards produced after Aug. 1/89
  4. Processing time: 1 1/2 - 3 1/2+ years
  5. Major advantage: Indefinite, or 10-year validity
  6. Major disadvantage: Much paperwork; long wait [section 2.4(b)(i)]


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8. B-1, Temporary Business Visitor [section 3.1]

  1. Main procedural step: No work permit needed; no prior application
  2. Initial duration of status: 1-year maximum/trip (FTA)
  3. Total time-limit cap on the category: No time cap
  4. Processing time: Instant approval at the border.
  5. Major advantage: Quick; little paperwork
  6. Major disadvantage: Limits type of work done in U.S.


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9. TN, Free Trade Professional: Full work permit [section 3.2B]

  1. Main procedural step: Apply at border only. Renew or change status either by mail or at the border.
  2. Initial duration of status: 1-year maximum
  3. Total time-limit cap on the category: No time cap
  4. Processing time: Instant approval
  5. Major advantage: Quick
  6. Major disadvantage: Lasts only 1 year; frequent renewal required.


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10. H-1B, Managerial/Professional Worker: Full work permit [section 3.2A]

  1. Main procedural step: Send application to Labor Dept. and INS first
  2. Initial duration of status: 3- then 3-year maximum/trip
  3. Total time-limit cap on the category: 6-year time cap
  4. Processing time: 6-10 wks. to approve
  5. Major advantage: Lasts a long time
  6. Major disadvantage: Much paperwork if professional status not clear


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11. H-1B, Managerial/Professional Worker: Full work permit [section 3.2A]

  1. Main procedural step: Send application to Labor Dept. and INS first
  2. Initial duration of status: 3- then 3-year maximum/trip
  3. Total time-limit cap on the category: 6-year time cap
  4. Processing time: 6-10 wks. to approve
  5. Major advantage: Lasts a long time
  6. Major disadvantage: Much paperwork if professional status not clear


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12. E-1 Treaty Trader [section 3.3A]; E2, Treaty Investor [3.3B]: Full work permit

  1. Main procedural step: Send application to U.S. Consulate
  2. Initial duration of status: 1-yr. maximum/trip; renewable visa stamp for 5 yrs.
  3. Total time-limit cap on the category: No time cap
  4. Processing time: 4-8 wks. to approve
  5. Major advantage: Indefinite validity; 5 yrs. at a time
  6. Major disadvantage: Much paperwork


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13. L-1 Intracompany Transferee: Full work permit [section 3.4]

  1. Main procedural step: Send application to INS first or apply at border
  2. Initial duration of status: 1-3 yr. maximum/trip; renewable
  3. Total time-limit cap on the category: 7-yr. time cap for Executives or Managers, 5-yr. time cap for Specialized Knowledge Workers
  4. Processing time: 4-6 weeks to approve
  5. Major advantage: Lasts long time
  6. Major disadvantage: Eventual time cap; much paperwork


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14. O-1, Extraordinary Ability Worker: Full work permit [section 3.2A-1]

  1. Main procedural step: Send application to INS first
  2. Initial duration of status: 3 yrs. maximum initially
  3. Total time-limit cap on the category: No defined cap; may be valid for the amount of time necessary to accomplish the event
  4. Processing time: 6-10 weeks to approve
  5. Major advantage: After initial approval, renewals and re-admissions should be easier
  6. Major disadvantage: Requires consultation with peer group. Much paperwork including expert affidavits


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15. H-2B, Temporary Worker: Full work permit [section 3.6]

  1. Main procedural step: Apply to Labor Dept. first, then to INS
  2. Initial duration of status: 1-yr. maximum initially; possible additional year
  3. Total time-limit cap on the category: After 2-yr. total stay, renewal difficult
  4. Processing time: 2-6 mos. to approve
  5. Major advantage: No professional status needed
  6. Major disadvantage: More paperwork than any other temporary visa; long processing time; cannot convert to green card with original employer as sponsor


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16. J-1 Exchange Visitor: Full work permit [section 3.5]

  1. Main procedural step: Foreigns need only to appear at port of entry
  2. Initial duration of status: Duration of status depends on type of training program
  3. Total time-limit cap on the category: Time cap depends on program
  4. Processing time: 4-6 wks. to approve
  5. Major advantage: Good for those who do not qualify elsewhere
  6. Major disadvantage: Cannot work outside of training duties; rigid requirements


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17. Special cases could include:

  • Visa lottery winners [section 4.4A]
  • Natives of the Philippines
  • War veterans
  • Expatriated U.S. citizens whose cases could be reopened.
  • Special occupations allowed under B-1 status, such as horse sulky drivers, ethnic performers, people who sell and service Foreign-made products in U.S.


If any of the above are applicable, consult a U.S. immigration specialist.

If this Visa Selector finds no options, contact us. Chances are, if your company needs someone badly enough, there is a way.


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