8 Simple Steps for a Successful U.S. Residency Approval

Successful U.S. Residency Approval

In Continuity of Democratic Government and Constitutional Processes of the United States, from 20 January 2017 to 20 January 2021; Donald Trump served as the 45th President of the United States. During his presidency, he implemented several changes to immigration policies. Some key aspects of his immigration policies include:

Travel Ban: Trump signed several executive orders, commonly known as the "travel bans," which restricted entry into the United States for citizens of certain countries deemed to pose security risks. These bans faced legal challenges and went through several revisions.

DACA (Deferred Action for Childhood Arrivals): The Trump administration took steps to end the DACA program, which protected undocumented individuals who came to the U.S. as children from deportation. However, legal challenges resulted in the program continuing to operate in a modified form.

Border Security: Trump emphasized the need for stronger border security, including the construction of a border wall between the U.S. and Mexico. He declared a national emergency in 2019 to redirect funds for wall construction.

Public Charge Rule: The Trump administration implemented a rule that expanded the criteria for denying green cards or visas to immigrants deemed likely to become a "public charge" by relying on public assistance programs.

It's important to note that immigration policies can change, and my information is based on the situation as of January 2022. If there have been subsequent developments or changes, I recommend checking the latest official government sources or news updates for the most current information on U.S. immigration policies. Although the Trump administration has made major changes to immigration policy, there are still easy ways to get a US visa in several categories for work, family, and education. One of the ways is the 'Employment-Based' (EB) series. People who are interested in obtaining a permanent worker visa or employment visa to the United States can apply for any of the EB series categories 1 through 5. Below are the categories.


1. US Visa EB-1:

The EB-1 Visa is considered a priority worker visa, and individuals in this category may have a faster processing time compared to other employment-based immigrant visas. Additionally, successful EB-1 applicants are not subject to the same extensive labor certification process that is required for some other employment-based visas. Keep in mind that the eligibility criteria and requirements may change, so it's advisable to check with the U.S. Citizenship and Immigration Services (USCIS) or consult with an immigration attorney for the latest information and guidance.


2. US Visa EB-2: 

The U.S. EB-2 Visa program, or Employment-Based Second Preference Visa, is for individuals with advanced degrees, exceptional abilities, or those with a National Interest Waiver. It requires a job offer, with eligibility criteria varying for professionals, individuals with extraordinary abilities, and those deemed in the national interest. The program aims to attract highly skilled individuals to contribute to the U.S. workforce and economy. The eligibility criteria and regulations may change, so it's recommended to consult with U.S. Citizenship and Immigration Services (USCIS) or an immigration professional for the latest information and guidance.


US Visa EB-3: 

The U.S. EB-3 Visa program, or Employment-Based Third Preference Visa, facilitates permanent residency for foreign workers with skills in areas such as skilled professions, education, and unskilled labor. Divided into subcategories, it requires a job offer and, in some cases, labor certification. The program aims to address workforce needs by allowing foreign individuals to contribute to the U.S. economy in various capacities. Skilled workers or skilled professionals can get visas in this category. However, there should be a job offer letter from an American organization regarding the skills. But check whether it is easy to find workers in America in this regard. Because if there is skilled manpower in this regard you will not get a visa.


US Visa EB-4 Visa

The U.S. EB-4 Visa program, or Employment-Based Fourth Preference Visa, is designed for special immigrants, including religious workers, certain juveniles, international organization employees, certain physicians, armed forces members, and others. Each category has specific eligibility criteria. The program aims to address unique circumstances and provide a pathway to permanent residency for individuals contributing to U.S. interests in various capacities. 

The EB-4 Visa is a diverse category designed to address the unique circumstances of various special immigrant groups. Each subcategory has its category of eligibility criteria and requirements. It's essential for individuals considering the EB-4 Visa to carefully review the specific conditions for the applicable subcategory and, if necessary, seek guidance from legal professionals or the U.S. Citizenship and Immigration Services (USCIS).  America gives visas to special immigrants. Immigrants receive permanent employment visas only in certain cases specified in the United States Immigration and Nationality Act (INA). These include - ex-NATO personnel or spouses of ex-NATO personnel, doctors, members of the armed forces, persons who know the languages ​​of Iraq and Afghanistan and can translate English, religious figures, or activists. Again no job offer letter is required for this.


US Visa EB-5 Visa

The U.S. EB-5 Visa program is an immigrant investor initiative designed to attract foreign capital to the United States. Investors must make a qualifying investment in a new commercial enterprise, creating or preserving at least 10 jobs. The minimum investment is $1.8 million, or $900,000 in Targeted Employment Areas. Successful participants and their families can obtain conditional permanent residency, which can lead to unconditional green cards. The program is subject to annual limits, and investors need to adhere to stringent source of funds requirements. The EB-5 program provides a pathway for foreign investors to obtain U.S. permanent residency through job-creating investments. 

If you have the money to go to America and become an entrepreneur, then you can get a visa. However, to get a visa in this category, you must go there start a business, and have the ability to employ at least 10 Americans. Even investment of at least 5 lakh dollars.

However, even if there is no opportunity to get a visa in any of the above-mentioned 5 categories, there are some other opportunities to get an American visa. They are-


6. US Visa for Employment Based Job Offer:

You can get a visa if an American company sends you an offer letter offering you a job there. In this case, the company must first obtain a certificate from the country's Department of Labor (DOL) and apply for permission to hire migrant workers. The US government's immigration authorities issue visas to 140,000 applicants in this category each year.


7. US Visa for Family or Spouse:

You can easily get a visa if your family or legal partner has citizenship in the US. Any US citizen can apply to the government to take their spouse or family member there. You can get permission to go there even if you are engaged to an American citizen. But the engagement must be valid and at least two years must pass after the engagement. Then the person you are engaged to can apply to take you to America. In this case, you will get at least 90 90-day visa for the first time.


8. US Visa for Education:

The U.S. visa for education is typically represented by the F-1 visa category. The F-1 visa is designed for international students seeking to pursue academic programs in the United States. Key features of the F-1 visa include: You can get a US visa for study. But in this process, you will not get permanent permission to stay there. The visa process requires you to return to your home country at the end of your studies and you can come back to America when you get a job offer from a US company.


Conclusion:

These categories offer pathways for temporary visits, academic pursuits, employment, family reunification, and long-term residency, contributing to the diversity and vitality of the United States. As policies can change, individuals should consult official sources or legal professionals for the latest information.


Frequently Asked Questions (FAQs)

What is the purpose of the U.S. visa program?

The U.S. visa program serves various purposes, including facilitating tourism, business visits, academic pursuits, family reunification, and employment-based immigration.

How can I easily apply for a US visa?

The application process varies depending on the visa type. Generally, it involves completing the appropriate forms, paying fees, attending an interview, and providing supporting documents.

Can I work in the U.S. on a visitor visa?

No, the B-1/B-2 visitor visas are for temporary visits for business or pleasure. Employment is not permitted on these visas.

What is the H-1B visa and who is eligible?

The H-1B visa is for foreign professionals with specialized skills. Eligibility for the visa process requires an offer of employment from an organization registered in the United States. and a relevant educational background.

Are there quotas or caps for H-1B visas?

Yes, there is an annual cap on the number of H-1B visas issued. Quotas are set by the U.S. government.

How can I qualify for an EB-5 Immigrant Investor Visa?

To qualify for an EB-5 visa, individuals must make a qualifying investment in a U.S. enterprise and create or preserve a minimum number of jobs.

What is a National Interest Waiver for the EB-2 visa?

A National Interest Waiver allows certain EB-2 visa applicants to bypass the labor certification process by demonstrating that their work is in the national interest of the United States.

Can I study and work in the U.S. on an F-1 visa?

F-1 visa holders can study full-time in the U.S. Employment is generally restricted, but limited opportunities exist, such as Optional Practical Training (OPT).

What is the difference between immigrant and nonimmigrant visas?

Immigrant visas are for those seeking permanent residency, while nonimmigrant visas are for temporary stays, such as tourism, work, or study.

Are there country-specific quotas for EB-5 visas?

No, the EB-5 program does not have country-specific quotas, allowing investors from any country to participate.

Can I change my visa status while in the U.S.?

In some cases, it's possible to change visa status while in the U.S., but it typically requires approval from U.S. Citizenship and Immigration Services (USCIS).