Details of American immigrant visa application

Before successfully immigrating to the United States, prospective immigrants can apply for immigrant visas if they want to work, study or live in the United States. An immigrant visa is a visa for the purpose of immigrating to the United States, indicating the applicant's intention to immigrate. So how do you apply for an American immigrant visa? Let's take a look.

1. US immigrant visa application details

1, introduction of immigrant visa

Immigrant visa is a kind of visa for the purpose of immigrating to the United States for settlement. Generally, an application must be made to the US Immigration Service. After strict examination, the Immigration Bureau will issue "approval documents" to those who meet the requirements. Then, the applicant will apply for an immigrant visa to the American consulate abroad with this document.

2. Classification of immigrant visas

Generally speaking, immigrant visas can be divided into relatives, occupations and special immigrant visas.

(1) professional immigrants

Also known as work immigration, it is a way to immigrate to the United States by working in the United States on the basis of having certain professional advantages. Professional immigration is undoubtedly an important way for those who do not meet the conditions of relative immigration but have certain professional knowledge and want to immigrate to the United States.

According to the current immigration law, the total number of people who immigrate to the United States by occupation every year is 6.5438+0.4 million, which is divided into five priority categories according to the conditions of different occupations and individuals.

First priority: priority labor force (category III)

Foreigners who are outstanding in science, art, education, business and sports and enjoy a good reputation nationally or internationally.

An outstanding professor or researcher who has more than three years of teaching or research experience in a special academic field and is internationally recognized.

The senior management of an international trading company must have more than one year's working experience in the company in the first three years before applying for this status, and come to the United States to continue working in the same company or affiliated enterprises.

Second priority; Professionals with advanced degrees and special skills (Category II)

Advanced degree (master or above) or "equivalent education" (at least five years working experience in this field).

Have special abilities in science, art and business, and have a substantial impact on American economy, culture, education or welfare.

Refers to people who have a bachelor's degree and have engaged in this profession (such as accountants, architects and engineers). ).

Those who have worked outside the United States for the United States government for more than ten years. (Excerpted from American International Daily)

(2) relative migration

Relatives migration * * * is divided into two categories:

One is the relative immigration that is not limited by the number of immigrants in the world, that is, the immediate family: the spouse of an American citizen; Minor children of American citizens (2 1 under); Parents of American citizens. This is classified as the closest relative and is available at any time.

The other is relative migration limited by the number of global immigrants, which is divided into four levels according to priority:

First priority: adult children of American citizens (over 2 1 year) and their children.

Second priority: 1. Spouses and minor children of permanent residents. Adult unmarried children of permanent residents and their children.

Third priority: married children of American citizens (regardless of age) and their children.

Fourth priority: 2 1 or brothers and sisters of American citizens.

2. A detailed introduction of American new immigration policy.

1. Retain the approved immigrant visa application (I- 140).

The approved immigrant visa I- 140 application made by the employer for foreign workers will not automatically become invalid because of the cancellation or closure of the employer, or the waiting time for approval exceeds 180 days, or the I-485 application for change of identity. However, if DHS finds that foreign workers are suspected of fraud, false statements, invalid or revoked relevant documents, it has the right to cancel the application.

2. Keep the priority date

The priority date obtained by foreign workers after applying for I- 140 is an important basis for determining their waiting visa number. According to the new regulations, unless the application of I- 140 is revoked by DHS, future foreign workers can keep the priority date.

3. Work mobility plan

If the waiting time for foreign workers to apply for I-485 status adjustment exceeds 180 days, they do not need to re-submit the application for labor certification /PERM or I- 140 when changing jobs. In addition, if the new job is in the same or similar industry as the original job, I-485 supplementary J form and related materials need to be submitted at the same time when the identity is adjusted to prove the similarity of the two jobs.

4. Grace period for non-immigrant visas

For foreign workers with H- 1, L- 1, O- 1, E, TN visas, if their employment relationship is terminated by their employers, their families can enjoy a single grace period of up to 60 days in order to strive for another job and the opportunity to stay in the United States legally during this period. In addition, although the grace period can be used multiple times, foreign workers can only use the grace period once during the validity period of the original non-immigrant visa. This provision provides greater flexibility for foreign workers with non-immigrant visas, avoids the dilemma of having to leave the United States after being suddenly fired, and directly benefits the largest number of people.

For E- 1, E-2, E-3, L- 1, TN and other non-immigrant visas, a grace period of up to 10 days will be added before and after the visa takes effect. This provision will allow visa holders enough time to enter and leave the United States to prepare for employment, otherwise they will not leave the United States in a hurry or change their legal status to stay in the United States.

5. Extend the validity of the H- 1B visa.

Relax the current six-year limit of H- 1B visa, and the holder does not need to be in the United States. However, in order to retain the eligibility to apply for extension, foreign workers must apply for change of status or immigrant visa.

6.H- 1B mobility of foreign workers

Foreign workers holding H- 1B can apply for changing their employers.

7.H- 1B quota exemption

According to the current regulations, non-immigrant workers working in the following institutions are not subject to the H- 1B quota:

(1) institutions of higher learning;

(2) Non-profit entities related to or affiliated with higher education institutions;

(3) government or non-profit research institutions.

In the new regulations, DHS further expands the definition of item (2) above, allowing non-profit entities to sign written agreements with higher education institutions, which must prove the following relationship between them:

(1) Working relationship related to research or education;

(2) The basic work of non-profit organizations directly promotes the research or educational tasks of higher education institutions.

In addition, DHS further revised the definition of "government research institutions" in item (3) to include research entities of federal, state and local governments.

8. Work permit application in case of force majeure

DHS allows the approved I- 140 applicants and their families to apply for a one-year work permit under special circumstances. This provision applies to the following applicants:

(1) H- 1B, H- 1B 1, L- 1, O- 1, E-3, h-1b/kl.

(2) The approved I- 140 applicant cannot obtain the immigrant visa number due to the restrictions of the country where he is located.

As for the definition of "compelling circumstances", DHS does not give a specific definition, but it shows that EAD may be obtained under the following circumstances, including but not limited to: serious illness or disability; Employer disputes or protection; The applicant and his family will suffer great damage; Major interference with employers, etc.

9.EAD file processing

In some cases, DHS will automatically extend EAD for a maximum of 180 days, provided that the nature of the applicant's licensed work has not changed, and the applicant applies for extension before the expiration date, and the application qualification still exists. The extension application is only applicable to some foreign workers, including those who have proposed to adjust their status, and those who have updated "Science, Technology, Engineering or Mathematics" (STEM) and "Optional Practical Training". Non-immigrant spouses of class H-4, L-2 or E are not applicable.