Introduction
In order to live and work in the USA you will have to be in possession of either:
- An American passport, or
- An entry clearance visa
Since all immigrants don't have an American passport, we will eliminate the first option and concentrate on the different visas that may be applicable to your individual status for residency in the US.
Visa Categories
If you fall into one of these visa categories you may be eligible to live and work in the United States. Only some of the visas below lend themselves to extensions and finally, acquisition of permanent resident status/greencard.
The categories are as follows:
- Spouses of Permanent Residents or Citizens
- Immediate Relatives of Permanent Residents or Citizens
- Fiancés of Permanent Residents or Citizens
- Nurses
- Airline Crewmembers
- Religious Workers
- Foreign Media
- Diplomatic Personnel
- Cultural Exchange Visas
- Internationally Recognized Entertainers or Athletes
- International Organization Representatives
- Treaty Trader or Investor Visa
- Intracompany Transfer Visa
- Sponsorship by an Employer
- Students
For more details regarding specific categories, please reference
the United States Department of JusticeUS Visas for Professionals
"Professional" as defined by US law, is an individual with a University Degree, relevant to the field that you will be pursuing and three years of work experience. If you do not have the University Degree, this can be substituted with 12 years of managerial experience. If you fall into these classifications, then you will be eligible for the H1B Visa. This visa is initially valid for 3 years, after which you consult an agency to help you assess appropriate options to prolong your working status, or convert it into permanent residency.
The H1B Visa is the simplest of the applications and you can be working in the United States within 15 days!
US Visas for Company Transfers
There are two types of visas that a legal entity can apply for - the E-Treaty Trader/Investor Visa, or the L1-Intracompany Transfer Visa.
- The E Visa
The E Visa is a complicated vehicle; it automatically disqualifies citizens of countries that have not made substantial investments in the USA. So if you are a South African citizen, for example, this route is not an option for you.
If you are not of the same nationality as the foreign company applying for this visa, this will also exclude you from the potential working status. If you still are able to apply for this Visa, then the third prerequisite may become an obstacle. The E-Visa expects the applicant to either have a managerial or executive role in the company and if neither is applicable, the applicant must have specialist knowledge crucial to the US company. Although, this is a difficult visa to obtain, the benefits are after its first 5 year term, Visa extensions can holds true for decades.
- The L Visa
The L Visa has two classifications; L1A for Executive/Managerial staff and L1B for Specialists. The prerequisites to these Visas are that L1As will be managing a major subdivision of the company or the specialist must be privy to specific products or process integral to the company. Finally, applicants must have been working for at least one year with the foreign parent company. Both visas are applicable for 3 years and can be extended between 6 and 7 years.
US Visas for Students
This visa is intended for those that have graduated from a foreign country and wish to gain 18 months of experience in the US. Although this is a flexible Visa, it should be noted that the issuance of this Visa is based on the condition that the applicant returns to their country of nationality for a 2 year period. This precondition can in some instances be waived if this option is employed.
What about your spouse, kids or fiancé?
Don't worry, the US does not expect you to leave your family behind. There are numerous paths one can opt for. There is the accompanying family members Visa (H4), or the Fiancé Visas (Ks) and finally, if studying is an option, then the academic student visas are applicable. If you are on a L1 visa your spouse is entitled to work in the US.
Applying for a visa
Although it is possible to apply for visas directly through the American Consulate, it is advisable to seek out a personal immigration consultant. These companies have the expertise to transform a potentially costly situation into an effortless transition. See our partners details, Inkorpa, for an inexpensive yet quality driven experience. If you are still intent on contacting the American Consulate, their details are as follows:
- The Consulate General in Johannesburg is located at: No. 1 River Street, Killarney, Johannesburg, telephone (27-11) 644-8000, fax (27-11) 646-6916.
- The Consulate General in Cape Town is located at: Broadway Industries Center, Heerengracht, Foreshore, telephone (27-21) 421-4280, fax (27-21) 425-3014.
Using Immigration Consultants
The reason immigration consultants are so highly sought after is that they guarantee your visa application will be completely and successfully processed. The individual does not have to face being rejected for having insufficient documentation, since the consultant knows exactly what records are required, saving the client both time and money.
Immigration consultants afford you the luxury of avoiding those long queues at the Consulate's office and the possibility of being rejected owing to the daily visa quota being met. In your efforts to find an immigration consultant you should ensure that they operate out of the US. This plays to your advantage since all documentation gets processed directly in the USA and hence, is more time effective.The reason immigration consultants are so highly sought after is that they guarantee your visa application will be completely and successfully processed. The individual does not have to face being rejected for having insufficient documentation, since the consultant knows exactly what records are required, saving the client both time and money.
Immigration consultants afford you the luxury of avoiding those long queues at the Consulate's office and the possibility of being rejected owing to the daily visa quota being met. In your efforts to find an immigration consultant you should ensure that they operate out of the US. This plays to your advantage since all documentation gets processed directly in the USA and hence, is more time effective.
