US Immigration

Immigration has always been central to shaping the United States. The country’s economic strength, cultural variety, and global influence have been consistently renewed by newcomers from across the world. Immigrants bring skills, ideas, and energy that sustain growth, support communities, and reinforce America’s reputation as a land of opportunity.

The U.S. immigration framework is built around several key aims: safeguarding national security, supporting economic development, reuniting families, meeting humanitarian obligations, and ensuring fairness under the law. Within this framework sit a wide range of visa categories and pathways that allow individuals to visit, work, study, live permanently, or seek protection in the United States. This guide introduces those main routes and explains how the system works at a high level.

Section A: Visit the US

The United States is one of the world’s most visited countries, whether for leisure, business, or medical care. Before planning a trip, travellers must ensure they have the correct authorisation. Depending on nationality and purpose of travel, this could be through the Visa Waiver Program, an ESTA travel authorisation, or a visitor visa such as the B-1 or B-2.

Special rules for Canadians and Bermudians: Citizens of Canada and Bermuda generally do not require a visitor visa for short stays for business or tourism, although exceptions apply depending on the purpose of travel. Canadians also do not use ESTA.

1. Visa Waiver Program (VWP)

The Visa Waiver Program allows nationals of participating countries to travel to the U.S. for business or tourism for up to 90 days without a visa. To use the VWP, travellers must apply online for ESTA (Electronic System for Travel Authorization) before departure. ESTA is not a visa; it is a pre-screening process required to board a U.S.-bound carrier.

To qualify, travellers must hold an e-passport, have an approved ESTA, and meet all VWP eligibility criteria. If you are not eligible for ESTA or plan to stay longer than 90 days, you will need to apply for a B-1/B-2 visa.

2. B-1 and B-2 Visitor Visas

For those not eligible under the VWP, the B-1 (business visitor) and B-2 (tourist visitor) visas are the most common nonimmigrant categories for short-term stays.

B-1 visa: This is for legitimate business activities such as consulting with associates, attending professional or educational conferences, negotiating contracts, or undertaking short-term training. U.S. employment is not permitted under this category.

B-2 visa: This covers tourism, vacations, visiting family or friends, medical treatment, and certain unpaid participation in cultural or sporting events.

3. Application Process for B-1/B-2 Visas

The process usually involves the following steps:

• Complete the DS-160 online nonimmigrant visa application form.
• Schedule and attend an in-person interview. As of September 2, 2025, most nonimmigrant visa applicants must attend a consular interview, with very limited exemptions (for example, certain A, G, NATO, or narrow B-visa renewals).
• Prepare documentation, including a valid passport, confirmation page from the DS-160, a photo, proof of fee payment, and evidence of intent to return home and financial means to cover expenses.
• Attend the interview, where a consular officer will assess eligibility and travel plans.

4. Tips for Successful Travel

Travellers should plan ahead to avoid delays:

• Apply early: Visa wait times vary by location, season, and visa type.
• Be clear on purpose: Apply under the correct visa category for your visit.
• Prepare for your interview: Be ready to explain your itinerary and demonstrate your ties to your home country.

With the right preparation and understanding of the rules, visitors can ensure a smooth entry to the United States.

Section B: Work in the US

The United States remains a major destination for global talent, offering diverse opportunities in technology, finance, healthcare, research, and many other sectors. To work in the U.S., foreign nationals must hold the correct visa category. These visas are divided into temporary (nonimmigrant) options and permanent (immigrant) employment-based routes. This section introduces the main temporary work visas available.

1. H-1B Visa for Specialty Occupations

The H-1B visa is for workers in roles requiring specialised knowledge, usually tied to a bachelor’s degree or higher in a relevant field. Common sectors include IT, engineering, finance, and healthcare. The H-1B is subject to an annual numerical cap, making the process highly competitive.

Employers must file a petition with U.S. Citizenship and Immigration Services (USCIS) and obtain a certified Labour Condition Application (LCA) from the Department of Labor before sponsoring an H-1B worker.

2. L-1 Visa for Intracompany Transfers

The L-1 visa enables multinational companies to transfer staff from foreign offices to U.S. branches, subsidiaries, or affiliates.

• L-1A: For managers and executives.
• L-1B: For employees with specialised knowledge.

This visa is widely used by global businesses to integrate leadership and expertise across borders.

3. E-2 Visa for Treaty Investors

The E-2 visa is available to nationals of treaty countries who make a substantial investment in a genuine U.S. enterprise. Applicants must show that the business is real, operational, and has the capacity to generate more than minimal living income.

Validity and stay: Visa validity is determined by reciprocity agreements and may last up to five years. However, each entry to the U.S. under E-2 status is typically granted for two years, with extensions also available in two-year increments.

Family members: Spouses and unmarried children under 21 may accompany the principal visa holder. E-2 spouses are automatically authorised to work incident to their status. Children may study but cannot work.

4. E-1 Visa for Treaty Traders

The E-1 visa applies where the principal purpose of travel is to conduct substantial trade between the U.S. and the treaty country. “Trade” covers goods, services, and technology, but the majority of the trade must be between the two treaty states.

As with the E-2, visa validity may be up to five years, but admission is typically granted in two-year increments. Spouses and children under 21 may join, and spouses may work in the U.S.

5. O-1 Visa for Individuals with Extraordinary Ability

The O-1 visa is reserved for those recognised nationally or internationally for extraordinary ability in sciences, arts, education, business, athletics, or the motion picture and television industry. Applicants must provide substantial evidence of their achievements and reputation in their field.

6. Additional Temporary Work Options

• E-3 visa: For Australian nationals in specialty occupations, similar to the H-1B.
• TN (USMCA) Professionals: For Canadian and Mexican citizens in listed professional categories under the U.S.-Mexico-Canada Agreement.
• H-2A/H-2B visas: For temporary agricultural and non-agricultural seasonal work, requiring labour certification from the Department of Labor.

7. U.S. Work Visa Application Process

The process varies by visa type but typically involves an employer or sponsor petitioning USCIS. Some categories, such as H-1B or H-2 visas, also require steps through the Department of Labor (e.g., an LCA or temporary labour certification). Once the petition is approved, the applicant attends a consular interview and applies for the visa abroad, or seeks a change of status if already in the U.S.

Because requirements differ significantly between categories, applicants should confirm the correct process and documentation for their specific visa route.

Section C: Study in the US

The United States hosts millions of international students each year, drawn by its universities, research facilities, and vocational schools. To study lawfully, foreign nationals must obtain the correct student visa and comply with immigration rules that govern their stay, employment, and reporting obligations.

1. F-1 Visa for Academic Studies

The F-1 visa is the most common category for full-time academic studies at accredited U.S. institutions such as universities, colleges, high schools, seminaries, conservatories, and approved English language training programs. F-1 students must maintain a full course load to keep their status.

Work permissions: F-1 students may work on campus for up to 20 hours per week while school is in session and full-time during vacation periods. Off-campus employment may be possible under Curricular Practical Training (CPT) or Optional Practical Training (OPT), both requiring school approval and, for OPT, authorisation from USCIS.

2. M-1 Visa for Vocational or Non-Academic Studies

The M-1 visa is designed for international students attending vocational or technical schools, but not language training programs. M-1 students are admitted for the duration of their course plus a 30-day grace period.

Work restrictions: M-1 students cannot work during their studies. Post-completion practical training is permitted but strictly limited to one month for every four months of study, with a maximum of six months in total.

3. Application Process to Study in the U.S.

Applicants must follow a structured process to secure a student visa:

• Acceptance: Gain admission to a school approved by the Student and Exchange Visitor Program (SEVP).
• Form I-20: The institution issues this form, which is required for visa application.
• SEVIS I-901 fee: Pay the Student and Exchange Visitor Information System (SEVIS) fee before scheduling an interview.
• DS-160 form: Complete the online nonimmigrant visa application.
• Interview: Attend an in-person interview at a U.S. Embassy or Consulate with supporting documents including Form I-20, proof of funds, academic records, and evidence of intent to return home.

4. SEVIS and Student Compliance

The Student and Exchange Visitor Information System (SEVIS) is the Department of Homeland Security’s database for monitoring F, M, and J visa holders. Schools and program sponsors must update SEVIS with details such as enrolment, address changes, transfers, or employment authorisations.

Maintaining SEVIS compliance is essential. Failure to update records or observe conditions, such as full-time study, can result in termination of student status and loss of legal stay in the U.S.

Section D: Moving Your Family to the US

The U.S. immigration system provides avenues for U.S. citizens and lawful permanent residents (LPRs) to sponsor relatives to live in the United States. Family-based immigration remains one of the largest categories of lawful entry, but it involves strict eligibility rules, priority dates, and in some cases, lengthy waiting times.

1. Immediate Relative Visas

Immediate Relative (IR) visas are available only to close family members of U.S. citizens. There is no annual cap on the number of visas in this category, meaning applicants can generally proceed as soon as their petition is approved. The types of IR visas include:

• IR-1: Spouse of a U.S. citizen.
• IR-2: Unmarried child under 21 of a U.S. citizen.
• IR-3: Orphan adopted abroad by a U.S. citizen.
• IR-4: Orphan to be adopted in the U.S. by a U.S. citizen.
• IR-5: Parent of a U.S. citizen aged 21 or older.

2. Family Preference Visas

Family Preference (F) visas apply to more distant family relationships involving U.S. citizens and certain relatives of LPRs. These visas are capped annually, which can lead to long waiting periods depending on the beneficiary’s nationality and visa category. The main groups are:

• F1: Unmarried sons and daughters (age 21 or over) of U.S. citizens.
• F2A: Spouses and unmarried children under 21 of LPRs.
• F2B: Unmarried sons and daughters (21 or older) of LPRs.
• F3: Married sons and daughters of U.S. citizens, plus their spouses and children.
• F4: Brothers and sisters of U.S. citizens (aged 21+), plus their spouses and children.

3. Sponsorship and Petition Process

The process begins when the U.S. sponsor files Form I-130, Petition for Alien Relative, with USCIS. Approval confirms the qualifying relationship between sponsor and beneficiary.

For Immediate Relatives, visas are always available once the petition is approved. For Family Preference categories, applicants must wait until their priority date (the date the I-130 was filed) becomes current according to the U.S. Visa Bulletin.

Once a visa is available, relatives outside the U.S. complete consular processing at a U.S. Embassy or Consulate. Those already in the U.S. on another visa may apply for adjustment of status to lawful permanent resident with USCIS.

4. Financial Support Requirement

Sponsors must prove they can financially support the family member they are sponsoring by filing an Affidavit of Support (Form I-864). Sponsors generally must show income at least 125% of the Federal Poverty Guidelines to demonstrate the immigrant will not become a public charge.

5. Interview and Decision

Beneficiaries are interviewed at a U.S. consulate abroad or at a USCIS office if adjusting status in the U.S. They must present documents proving identity, family relationship, financial support, and medical admissibility. If approved, they are granted an immigrant visa or permanent resident status upon entry.

6. Practical Considerations

• Waiting times for Family Preference visas can be many years, depending on the category and country of origin.
• Immediate Relative categories are generally faster since they are uncapped.
• Sponsors must accept long-term financial responsibility for the immigrant, enforceable under U.S. law.

Family-based immigration is complex, but with proper planning and an understanding of eligibility rules, sponsors and applicants can navigate the process more effectively.

Section E: Living Permanently in the US

Permanent residence, often referred to as holding a Green Card, allows a foreign national to live and work in the United States indefinitely. Lawful Permanent Residents (LPRs) enjoy many rights similar to citizens, including the ability to work for most employers, study without visa restrictions, and travel in and out of the country, subject to certain rules. Permanent residence can also be the first step towards U.S. citizenship through naturalisation.

1. What is a Green Card?

A Green Card is proof of lawful permanent resident status. LPRs may live anywhere in the U.S., work without needing a separate employment visa, and sponsor certain relatives for immigration. They must maintain residence in the U.S. and comply with immigration rules to keep their status.

2. Family-Based Immigration

Family sponsorship remains one of the most common ways to obtain permanent residence. U.S. citizens can sponsor immediate relatives without numerical limits, while both U.S. citizens and LPRs can sponsor more distant family members under the Family Preference system, which is subject to annual caps and waiting lists.

3. Employment-Based Immigration

Green Cards are also available through employment. There are five employment-based (EB) preference categories:

• EB-1: Priority workers, including individuals with extraordinary ability, outstanding professors/researchers, and multinational managers or executives.
• EB-2: Professionals holding advanced degrees or with exceptional ability.
• EB-3: Skilled workers, professionals, and certain other workers.
• EB-4: Special immigrants, including certain religious workers and juvenile dependants.
• EB-5: Immigrant investors who invest significant capital in U.S. enterprises creating at least 10 jobs for U.S. workers.

Some categories require an employer sponsor and, in most cases, a PERM labour certification from the Department of Labor to confirm that no qualified U.S. worker is available for the position.

4. Diversity Visa Lottery

The Diversity Immigrant Visa Program allocates up to 50,000 immigrant visas annually to individuals from countries with historically low immigration rates to the U.S. Selection is random, and successful applicants must still meet education or work experience requirements and be admissible under U.S. law.

5. Refugees and Asylees

Individuals granted asylum or admitted as refugees may apply for a Green Card one year after their status is granted. This route reflects U.S. obligations under international humanitarian principles to protect people fleeing persecution.

6. Special Programs

Several special categories also provide eligibility for a Green Card. Examples include the Cuban Adjustment Act, U visas for victims of crime, and Special Immigrant Juvenile Status for certain minors present in the U.S. Each program has its own criteria and procedures.

7. Pathway to Citizenship

Most Green Card holders may apply for U.S. citizenship after meeting residence and physical presence requirements, usually five years as an LPR, or three years if married to and living with a U.S. citizen. They must also demonstrate good moral character, pass English and civics tests, and take the oath of allegiance.

Securing a Green Card is a significant step that opens long-term opportunities in the U.S. but also requires strict compliance with immigration rules and continuous residence obligations.

Section F: Seek Protection or Asylum in the US

The United States offers humanitarian protection to people who cannot return to their home countries because of persecution or a well-founded fear of persecution. Two main pathways exist: asylum for those already in the U.S. or at a port of entry, and refugee status for those applying from abroad through the U.S. Refugee Admissions Program (USRAP).

1. Eligibility for Asylum

To qualify for asylum, applicants must demonstrate persecution or a well-founded fear of persecution on account of one of five protected grounds: race, religion, nationality, political opinion, or membership in a particular social group. The fear must be both subjective (personally held) and objective (reasonable under the circumstances).

2. How to Apply for Asylum

• Presence in the U.S.: Applicants must be physically present in the United States, regardless of how they entered.
• Form I-589: File the Application for Asylum and Withholding of Removal, generally within one year of arrival. Limited exceptions apply for changed country conditions or extraordinary circumstances.
• Interview or hearing: Applications are usually reviewed in an interview with an asylum officer. If not granted at that stage, cases may be referred to an immigration judge for a full hearing.

3. Outcomes and Benefits

If asylum is granted, the applicant receives protection from removal, work authorisation, and the ability to apply for a Green Card after one year. Family members (spouse and unmarried children under 21) may also qualify as derivatives.

4. Refugee Status

Refugee status is applied for outside the U.S., often in coordination with the UN High Commissioner for Refugees (UNHCR). Applicants must show the same grounds of persecution as asylum seekers but complete the process abroad before being admitted to the U.S. as refugees.

Unlike asylum, refugee admissions are capped annually by the President in consultation with Congress. Once admitted, refugees may also apply for permanent residence after one year in the U.S.

5. Key Differences Between Asylum and Refugee Status

• Location: Asylum is for those in the U.S. or at its borders; refugee status is for those outside the U.S.
• Process: Asylum applications are filed with USCIS or in immigration court, while refugee cases are processed through USRAP abroad.
• Annual limits: Asylum has no numerical cap; refugee admissions are subject to annual ceilings.

These humanitarian pathways demonstrate the U.S.’s commitment to protecting vulnerable individuals, while balancing border security and statutory requirements.

Section G: Immigration Appeals

Decisions in U.S. immigration cases can be complex, and not every application or petition is approved. Applicants and petitioners often have the right to appeal or to request a review of an adverse decision. Understanding the appeals process is critical when challenging refusals or removal orders.

1. What is an Immigration Appeal?

An immigration appeal is a formal request for a higher authority to review a decision made by USCIS, an immigration judge, or another immigration body. The most common forums are the Board of Immigration Appeals (BIA) and the Administrative Appeals Office (AAO).

• BIA: Reviews decisions made by immigration judges and certain DHS officers, including removal orders and bond decisions.
• AAO: Reviews a wide range of USCIS petition and application denials, including employment-based petitions and waivers.

2. Steps in the Appeals Process

• Identify the correct forum: The denial notice specifies whether to appeal to the BIA or AAO.
• File a notice of appeal: This must usually be submitted within 30 days of the decision. For most USCIS denials, applicants use Form I-290B, Notice of Appeal or Motion.
• Submit a legal brief: Appellants can submit a written statement citing law, regulation, or precedent to support their challenge.
• Pay the fee: Filing an appeal requires payment of a government fee unless a waiver applies.
• Await review: The appellate body may uphold, overturn, or remand the case for further consideration.

3. Alternative Options: Motions

Instead of an appeal, applicants may file a motion to reopen (based on new evidence) or a motion to reconsider (arguing legal or factual error) with the office that issued the original decision. These can be faster than appeals but must meet strict requirements.

4. Federal Court Review

If administrative remedies are exhausted, some cases may be reviewed by U.S. federal courts. Judicial review is generally limited to matters involving significant constitutional or legal questions and cannot be used to challenge every type of immigration decision.

Appeals and motions are time-sensitive and procedurally demanding. Understanding the correct pathway helps applicants safeguard their rights and maximise their chances of success.

Section H: Traveling to the US

Travel to the United States requires careful preparation. Entry rules vary depending on nationality, purpose of visit, and immigration history. Whether entering for tourism, business, or transit, travellers must meet the conditions set by U.S. immigration law and border officials.

1. General Entry Requirements

All travellers must satisfy the basic conditions for admission:

• Valid passport: Passports should be valid for at least six months beyond the intended stay. However, many nationalities are exempt under the U.S. “Six-Month Validity” list and need only a passport valid for the intended stay.
• Visa or ESTA: Unless exempt, travellers must hold a valid visa. Nationals of Visa Waiver Program (VWP) countries may instead use ESTA for visits of 90 days or less.
• Proof of funds: Travellers may need to show they have enough money for their stay.
• Return or onward ticket: Visitors are often asked to prove they intend to depart the U.S. at the end of their authorised stay.
• Health and security compliance: Requirements may change based on public health or security concerns, such as vaccination or screening rules.

2. The Role of the I-94

The visa in your passport controls when you may apply for entry to the U.S., but the length of your authorised stay is set by Customs and Border Protection (CBP) on your I-94 Arrival/Departure Record. The I-94 “Admit Until” date, not the visa’s expiration date, governs how long you may legally remain in the country.

3. Visa Waiver Program (VWP) and ESTA

Citizens of designated VWP countries may travel without a visa for tourism or business for up to 90 days. They must apply for ESTA approval online before travel. ESTA is not a visa but an authorisation to board a U.S.-bound carrier. Travellers must hold an e-passport and comply with eligibility rules. If ineligible, they must apply for a B-1/B-2 visitor visa.

4. C-1 Transit Visa

Travellers passing through the U.S. on their way to another country may need a C-1 transit visa unless they qualify for VWP with ESTA. Key requirements include:

• Proof of onward travel to a third country.
• A stay limited to the time necessary to complete transit, not exceeding 29 days.
• Evidence of funds to cover incidental expenses.
• Permission to enter the onward destination, if applicable.

5. Process for Obtaining a Travel Visa

• Determine visa type: Identify the correct category, such as B-1, B-2, or C-1.
• Complete DS-160: Submit the online nonimmigrant visa application and print the confirmation page.
• Schedule interview: Most applicants must attend an in-person interview at a U.S. Embassy or Consulate. Since September 2025, exemptions are limited to specific cases (e.g., certain diplomatic or renewal scenarios).
• Prepare documentation: Typical requirements include passport, photo, DS-160 confirmation, and proof of visa fee payment.
• Attend interview: A consular officer will assess eligibility and travel intent.

6. Key Considerations for Travellers

• Visa fees: Application fees are generally non-refundable, with some applicants also paying visa issuance fees depending on reciprocity.
• Processing times: Vary by post, visa type, and season; applicants should check local embassy guidance and apply early.
• Compliance: Travellers must comply with the terms of their authorised stay. Overstaying the I-94 date, even if the visa is still valid, can trigger penalties including bars on re-entry.

By ensuring documents are valid, understanding the I-94 system, and following correct procedures, travellers can avoid common pitfalls when entering the United States.

Section I: Frequently Asked Questions (FAQs)

Do I need a visa to visit the United States?
Most travellers require a visa, unless eligible under the Visa Waiver Program (VWP). VWP nationals must apply for ESTA approval before travel and may visit for up to 90 days for business or tourism.

How do I apply for a U.S. tourist visa?
You must complete the DS-160 form online, pay the application fee, and attend a consular interview with supporting documents including your passport and a visa photo.

What is the difference between visa validity and authorised stay?
Visa validity is the time you can seek entry at the border. The length of your stay is set by U.S. Customs and Border Protection (CBP) on your I-94 record. You must leave by the I-94 “Admit Until” date, even if the visa is still valid.

Can I work in the U.S. on a visitor visa?
No. Employment is not permitted on a B-1 or B-2 visa or under ESTA. You must obtain the correct work visa for employment.

How can I study in the U.S.?
You will need a student visa—F-1 for academic studies or M-1 for vocational training. You must first be accepted by a school certified by the Student and Exchange Visitor Program (SEVP).

Can I bring my family to the U.S.?
U.S. citizens and lawful permanent residents (LPRs) may sponsor certain relatives. Immediate relatives of U.S. citizens face no annual caps, while Family Preference categories are subject to annual limits and waiting lists.

How do I apply for permanent residence (a Green Card)?
Routes include family sponsorship, employment-based categories, refugee or asylum status, the Diversity Visa Lottery, and special immigrant programs.

Can I appeal if my application is denied?
Yes. Depending on the case type, appeals may go to the Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA). Motions to reopen or reconsider may also be possible.

What is SEVIS and why does it matter?
The Student and Exchange Visitor Information System (SEVIS) tracks F, M, and J visa holders. Compliance with SEVIS reporting is essential to maintain lawful student status.

How long does visa processing take?
Processing varies by visa category, embassy or consulate workload, and nationality. Applicants should apply early to allow for interviews and administrative processing.

Section J: Conclusion

The U.S. immigration system is broad and multifaceted, offering routes for visitors, workers, students, families, and those seeking humanitarian protection. At the same time, it enforces strict compliance requirements, documentation standards, and timelines. Understanding the distinction between visa validity and authorised stay, the importance of maintaining lawful status, and the available appeal rights are central to navigating the process successfully.

Because the law is detailed and subject to change, individuals and employers are strongly advised to consult up-to-date official guidance or professional legal advice when planning any U.S. immigration application.

Section K: Glossary

Section L: Useful Links

Gill Laing

Gill Laing is a qualified Legal Researcher & Analyst with niche specialisms in Law, Tax, Human Resources, Immigration & Employment Law. Gill is a Multiple Business Owner and the Managing Director of Prof Services - a Marketing & Content Agency for the Professional Services Sector.

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