In Oklahoma there are over 6,000 DACA recipients with 1,900 in Tulsa alone. The appeal of America draws millions of people to our shores every year. However, there are different rules and visas that apply when legally immigrating to the United States of America. Below is information regarding multiple immigration visa options.
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The current family reunification policy, in America, has been in place since 1965, following the passage of the Immigration and Nationality Act. An annual worldwide limit of 675,000 permanent immigrants is in place, with certain exceptions for close family members. This category of immigration is the primary basis for legal immigration in America. Under specific immigration law, lawful permanent residents and U.S. citizens can sponsor family members for a “green card”. Officially known as a visa that offers permanent residence. Legal Permanent Residents (LPRs) are only able to sponsor immediate family members. U.S. citizens can sponsor their spouse, children (minors and adults), parents, and siblings. LPRs can sponsor only their spouse and children (minors and unmarried adults only). Distant family members are not eligible to immigrate to the United States under the family-based immigration system. In America, family visas represent sixty-five percent of legal immigration yearly.
According to Travel.State.Gov under the provisions of U.S. immigration law roughly 140,000 employment-based immigration visas are made available to qualified applicants between October 1- September 30 of each fiscal year. Multiple opportunities, to come to America through employment, are offered to foreign nationals by the United States. For those worried about their legal status is America it is important to understand the differences in visas.
Section 101(a)(15) of the Immigration and Nationality Act provide the classifications to the various types of temporary employment-based visas available in America. These visas allow companies to hire and give preference to foreign nationals for employment for a limited amount of time. Each visa classification maintains individual eligibility requirements. This includes how long the stay is allowed and if dependents can come to the states as well.
The H-1B visa is for any foreign professional in a specialty occupation. This visa initially admits the card holder for three years, however extensions up to six years are allowed. The annual numerical limits on this visa require the card holder to make no more than 65k annually the first year, or 85k annually for those holding a U.S. master’s degree or higher. This visa allows the foreign national to bring their spouse and children, if the children are under the age of twenty-one. This is permitted through the H-4 visa while some spouses are permitted to work.
The H-2A visa is offered to temporary agricultural workers from designated countries which include:
There are no annual numerical limits on the H-2A visa. An employer must affirm there is no qualified United States citizen to fill the position before giving it to a H-2A visa holder. The employer must also comply with wage, benefit, recruitment, housing, transportation, and other requirements. The spouse and children (under the age of twenty one) of the card holder my enter the United States. Employment by the spouse, however, is not allowed. The H-2B visa holder is initially admitted for a set period of approved employment, and may be renewed for qualifying employment in increments of one year each for a maximum stay of three year
The H-2B visa is offered to “seasonal” non-agricultural temporary workers from the designated countries listed above. The annual numerical limit on this visa is 66K per year. The card holder is initially admitted for a period of up to one year; and may be renewed twice for a total of up to three years. The employer must attest that no qualified U.S. workers who can fill the position are available. An employer must comply with wage, housing, transportation, and other requirements. The card holders spouse and children under 21 may enter on an H-4 visa, but are not permitted to work.
A H4 visa is issued to dependent family members (spouse and children) of H1 visa holders who would like to accompany the H1B visa holder to the U.S. during their stay. If applying for your visa along with your spouse, who is applying for H1 simultaneously, then you can submit both applications together.
An H4 visa allows visa holders to:
The EB-5 program was created in 1990 by Congress. The program was created in order to stimulate the American economy through capital investment and job creation by foreign investors. Investors may also qualify for EB-5 classification by investing through regional centers stemming from a pilot in 1992 which has been continually reauthorized. The EB-5 Visa allows for the investment in new commercial enterprises, as well as commercial enterprises which qualifies as any for-profit activity though lawful business.
In order to qualify for a K-1 Fiancé Visa the foreign partner must marry their partner (a U.S. citizen) within 90 days of entering America. Before filing for this visa the couple must have seen each other in person within the last two years. Due to a perceived prevalence of people marrying U.S. residents fraudulently in order to obtain green cards these marriages are closely scrutinized by the U.S. government to ensure that they are genuine. A foreign spouse becomes either an “immediate relative” after marriage to a U.S. citizen or a “preference relative” after marriage to a U.S. permanent resident. In either case, the foreign spouse has fairly rapid access to permanent residency. An important part of this process is that the petitioning U.S. spouse must prove to the U.S. government an ability to provide sufficient financial support to the immigrant so that he or she won’t need to rely on government assistance.
Refugees who qualify are offered protection by the United States through asylum. Qualifying for asylum requires meeting specific conditions. However, once approved you become a permanent resident. Importantly, once you are granted asylum your children and spouse are granted legal admission into America.
When you arrive in the United States, you will be required to show valid travel documents. This is standard to the entry process. The documents you need vary on the country you are arriving from and your citizenship or status. The Western Hemisphere Travel Initiative pertains all travel from Mexico, Canada, and Bermuda. American citizens are required to provide proof of citizenship. This includes a birth certificate, valid passport, Trusted Travelers Program Card, or an enhanced driver’s license. Arrival from any other country requires a passport. A U.S. visa may also be required before entry is granted. Regardless of your citizenship, entry into America to give birth is forbidden. A Customs and Border Protection officer will evaluate and decide to approve or deny a pregnant person’s entry based on each individual case. If you are interested in obtaining a visa or need help with appointments and/or documents required to keep your current visa seek legal help by using the Tulsa Attorney Directory.
Dealing with issues related with Immigration can be very confusing and complex. With the Tulsa Attorney Directory you can research and hire an Immigration Attorney with the experience and understanding required to guide you through this difficult process.