10. United States Entrance Visas

United States Entrance Visas – Cheat Sheet
Acronyms
 LPR – lawful permanent resident
 USCIS – United States Citizenship and
Immigration Services
 DHS – Department of Homeland
Security
 DOS – Department of States
 DOL – Department of Labor
 CSPA - Child Status Protection Act
 IR – Immediate Relative
 CR – Conditional Resident
 F(#) – Family (number) preference
 E(#) – Employment (number)
preference
 DV- Diversity visa
 SIV – Special Immigrant Visa
Types of Visas
 Immigration – Immediate Family & Family Sponsored
o IR-1 / CR-1: Spouse of an US citizen or lawful permanent resident (LPR)
o IR-2 / CR-2: Unmarried child under 21 years of age
o IR-5: Parent of a U.S. Citizen who is a least 21 years old
o F1: Unmarried sons and daughters of US citizens, and their minor children
o F3: Married sons and daughters of US citizens, and their spouses and minor children
o F4: Brothers and sisters of U.S. citizens, and their spouses and minor children
o F2A / F2B: Unmarried child of a LPR / Unmarried son or daughter of a LPR
 Immigration – Employer Sponsored Employment
o E1: Priority workers – extraordinary ability, outstanding professors and researchers, and
multinational managers and executives
o E2: Professionals holding advanced degrees and persons of exceptional ability
o E3 / EW3: Skilled workers, professionals, and unskilled workers (other workers)
o Treaty Trader and Investor Countries
 Immigration – Other Immigrants
o DV: Diversity Immigrant Visa
o SB-1: Returning resident

Informational note: Prior to filing our any legally binding forms that are required by the United States
government for the purposes of immigration please note that when a form ask a question regarding the
petitioning party they mean the individual filing the form in the US (usually the US citizen). When the
form request information regarding the beneficiary they need are asking about the individual who
wishes to immigrate to the US. For example, if the husband is an US citizen and he is filing for his wife to
immigrate to the US, then he is the petitioner and his wife is the beneficiary.

Immediate Relative & Family Sponsored
Spouse of U.S. Citizen – IR1, CR1
 A spouse of a United States Citizen is an individual that is legally married to the U.S. Citizen.
Common law marriages can be applicable depending on the laws from the country in which the
spouse is immigrating from. Individuals with multiple wives will not be allowed to apply for each
wife, only the FIRST wife will be considered a legal spouse.
 IR1 – Immediate Relative: will receive permanent residency for 10 years, is renewable, and must
have been married for 2+ years prior to applying.
 CR1 – Conditional Residency: will receive temporary 2 year residency, must apply for ten year
residency at 90 days prior to 2 year residency expiring, for marriages that are less than 2 years
old.
 Documentation needed
o I-130 – both parties
o 1-864/I-864ez – petitioner
o 3 years of tax returns – petitioner
o Proof of current employment – petitioner
o 2 passport style photos – beneficiary
o Birth certificate – beneficiary
o Marriage certificate – beneficiary
o Bio data page of passport– beneficiary
 Passports are needed for entrance into the US on a IR1/CR1 Visa
 The immigration office may request proof of a legitimate bona fida marriage (i.e. wedding
photos, affidavits, transcripts of Skype calls, etc.).
 Same sex marriages are now allowed the same privileges of married couples when filing
immigration forms.
 For more information please see:
o Immigrant Visa for a Spouse of a U.S. Citizen (IR1 or CR1) -
https://travel.state.gov/content/visas/en/immigrate/family/immediate-
relative.html#20
o IR1 and CR1 Immigrant Visas –
http://www.visajourney.com/wiki/index.php/IR1_and_CR1_Immigrant_Visas

Certain Family Members of US Citizens – IR2, CR2, IR5, F1, F3, F4
 IR-2: Unmarried children under 21 years of Age
o As with any immigration case involving children, the Child Status Protection Act still
applies when filing for an IR-2. The CSPA states that as long as a child was under 21 at
the time of filing that child will keep their status as child even if they turn 21.
o A child under the age of 18 will automatically acquire US citizenship upon entry into the
US as long as they reside with their parents who have to be US Citizens.
o A child over the age of 18 will become a permanent resident and will receive a green
card upon entry into the US.
o The amount of visas designated to IR-2 visas is unlimited.
 IR-5: Parent of a U.S. Citizen
o Petitioner must be 21 years old
o Petitioner must have a current income of 125% over the federal poverty line for house
size.
o Once an IR5 is issued the beneficiary (parent) will be able to work and travel once in the
U.S. In about a month or two of being in the U.S. the beneficiary will receive their 10
year green card.
o The amount of visas designated to IR-5 visas is unlimited
 F1: Unmarried sons and daughters of U.S. citizens, and their minor children, if any.
o Considered a family preference beneficiary would be over 21 at the time of the visa
application. If a son or daughter is more than 21 years old they are considered
independent by the U.S. Congress.
o F1 visas are allocated a total of 23,400 visas a year, and any left over from the F4
category.
 F3: Married sons and daughters of US citizens, and their spouses and minor children
o At some point in their lives, the son or daughter must have met the definition of “child”
for immigration law purposes.
o The spouse of the son or daughter must also meet the regulations for spouse as set in
the section prior.
o Only 23,400 F3 visas are given out per year, and any visas not used from the F1 and F2
categories.

 F4: Brothers and sisters of United States citizens, and their spouses and children
o The petitioner must be at least 21 years of age.
o LPRs cannot apply for their siblings.
o Both the petitioner and the beneficiary must have both met the definition of “child”
under the same parent, in order to qualify for a F4 visa.
o There will be an interview in order to establish a legitimate relationship between
siblings. Documented proof will also be requested as a secondary means of evidence
into the sibling relationship.
 For F4 visas the petitioner and beneficiary will be required to provide
documents that include the parent(s) name on them to be considered related.
o The quota for F4 visas is 65,000 a year, with no additional visas being given to this
category.
 For more information please refer to:
o Family-Based Immigrant Visas -
https://travel.state.gov/content/visas/en/immigrate/family/family-preference.html#21
o Proof of Relationship for Immigrant Visa Interview –
http://www.immihelp.com/immigrant-visa/proof-of-relationship.html
o Preference Categories - Limited Categories -
http://www.immihelp.com/greencard/familybasedimmigration/preference-
categories.html
Certain Family Members of Lawful Permanent Residents – F2A. F2B
 F2A – Spouses and unmarried minor (under 21) children
o Spouses of LPRs follow the same guidelines as US citizens, for more information please
refer to the IR1 / CR1 section of this cheat sheet.
 If the petitioner in question was married to the beneficiary prior to becoming a
permanent resident, then the process for bringing over said beneficiary may be
expedited. Please seek attorney assistance on this matter.
o Adoptive children can be considered eligible for a green card at the same time as their
parents if the child has resided with their adoptive parents for more than 2 years. Two
years is the minimum for an adoptive child to be considered the same as a biological
child. If the adoptive child has lived with the family less than 2 years this category of visa
applies to them.

 F2B – Unmarried Sons and Daughters (21 years of age or older)
o An important note to mention when applying for a visa for an unmarried daughter or
son of an LPR is that if they do get married within the application process the application
will be revoked.
o There is currently no category for a married son or daughter of a LPR.
 There are 114,200 F2 visas rewarded every year, about 77% are F2A Visas.
 Guidelines for these visas follow the same protocol as those for US Citizens, they are just titled
different. It is, however, important to note that if a LPR receives citizenship they need to alert
USCIS of this status change.
 With children are the beneficiary of a visa, they will remain “children” until they are 21, then
their status will change to unmarried daughter or son. If an application is filed prior to the child
turning 21 according to the Child Status Protection Act, the will be considered a child until the
application is approved or denied.
 For more information please reference:
o Unmarried child of a LPR / Unmarried son or daughter of a LPR -
https://travel.state.gov/content/visas/en/immigrate/family/family-preference.html
o Preference Categories – Limited Categories –
http://www.immihelp.com/greencard/familybasedimmigration/preference-
categories.html

Employer Sponsored Employment
Employee First Preference: Priority workers – E1
 A first preference employment visa is rewarded to beneficiaries of the I-140, Immigrant Petition
for Foreign Worker, Form. In this case the petitioner of the I-140 will be the employer, meaning
that it is the responsibility of the employer to pay the filing fees that are required during this
process (roughly 580 USD).
o In certain cases the beneficiary can also petition for their own E1 visa. Situations where
an individual wishes to pursue their career in the United States are allowed to petition
for their own E1 if they have “extensive” proof that they are recognized, either
nationally or international, for their “extraordinary” talents.
 There are three sub-categories of priority workers: persons with extraordinary ability,
outstanding professors and researchers, and multinational manager or executives.
 Persons with extraordinary ability
o Career fields include the sciences, arts, educational work, business, or athletics.
o An individual with extraordinary abilities can file for their own I-140 as long as they
continue their work in their field of expertise once in the United States.
o Again, individuals with extraordinary talents also need to have extensive documentation
of said talent and recognition on a national or international level.
 Outstanding professors and researchers
o Must have a minimum of three years teaching or researching experience and MUST be
recognized internationally.
o In this case, the employer is required to file the I-140, therefor the individual coming to
the US is required to have a job offer lined up prior to the visa being approved.
 The career offer is required to be one of potential tenure status, granted tenure
status, or comparable researcher status at a higher level educational institute.
 Multinational managers or executives
o Individuals obtaining an E1 Visa by status of manager or executive will need to have a
job offer prior to being approved for the Visa. The company offering the individual a
career will need to file and pay for the I-140.
o In order to receive an E1 visa with a job offer, the beneficiary would have to have
worked at the petitioning company, in an executive or managerial position, for at least
one year within the three years leading up to the petition filing date.

o The offer must be for a managerial or executive position within the company.
 The E1 Visa is good for either a two year period, with unlimited two or five year extensions as
long as the applicant meets the E1 requirements.
 Travelling freely around the United States and to other countries is permitted on an E1 Visa.
 The E1 Visa is a derivative visa, meaning that the spouse and children of the applicant may also
travel to the United States. The children are allowed to attend school without a student visa and
the spouse may work with an approved employment authorization (form I-765). The definition
of spouse and children must meet the standards set by the USCIS.
 The current processing time of an E1 Visa is roughly two to four weeks (2-4 plus weeks).
 Informational Note: The E1 Visa is often referred to as the Treaty Trade Visa, according to some
sources this Visa is only awarded to individuals relocating from countries that the US currently
maintains a treaty of “friendship, commerce and navigation or similar arrangement.”
 For more information please visit:
o Employment-Based Immigrant Visa -
https://travel.state.gov/content/visas/en/immigrate/employment.html
o E1 Visa for Treaty Traders -
https://www.migrationexpert.com/business_visa/treaty_trader_visa_e1/
o E-1 Visa – Frequently Asked Questions – http://faq.visapro.com/e1-visa-faq6.asp

Employment Second Preference: Professionals Holding Advanced Degrees and Persons of Exceptional
Ability – E2
 The employee second preference visa is meant for investors and employees of businesses that
will invest a “substantial amount of capital” to US businesses.
o According to the USCIS website a substantial amount of capital is:
 Substantial in relationship to the total cost of either purchasing an established
enterprise or establishing a new one
 Sufficient to ensure financial success in the United States
 The lower the cost of the enterprise, the higher, proportionately, the
investment must be to be considered substantial
 In order for the investor to qualify for the E2 Category Visa:
o Be a national of one of the below listed treaty countries
o Have invested a substantial amount of capital in a bona fida enterprise in the United
States
 Bona fida enterprise is a legitimate business that produces services or goods for
profit. Must meet all legal requirements associated within the businesses
jurisdiction.
o Be in United States solely for the purpose of investing in business. “This is established by
showing at least 50% ownership of the enterprise or possession of operational control
through a managerial position or other corporate device.”
 In order for an employee to qualify for the E2 Category Visa:
o Be the same nationality as the employer (see below list)
o Meet the definition of employee under U.S. law
 Employee – a person who is hired for a wage, salary, fee or payment to perform
work for an employee
o The employee will either need to be of management/ executive status or have special
qualifications that justify the need to be in the United States to perform the duties
needed. As in the United States “management/ executive” entails any duties that
oversee operations of the organization. Requirements for “special qualifications”
include:
 The degree of proven expertise in the employee’s area of operations
 Whether others possess the employee’s specific skills
 The salary that the special qualifications can command
 Whether the skills/qualifications are readily available in the U.S.
o A job offer is required and the U.S. employer must file an Immigrant Petition for Alien
Worker, Form I-140, on behalf of the applicant
 In all cases the investors must generate more than enough income to provide a minimal living
for the investor, employees, and their families.
 Overall, the period of stay for an E2 recipient is two years, but extensions are available.
 An Investor may only work for the activity used to receive entrance into the United States. The
employee, however, may also work for the parent company of the investor if the relationship

between the investor and the parent company is established, the employment at the parent
company is executive, supervisory, or essential, the employment terms and conditions have not
changed.
 If the individual applying the visa is already in the United States then an I-129 form may be filed
for the investing party.
 If the individual is outside of the country and wishes to apply for an E2 status visa, then the
DS-160 and DS-156E forms must be filed.
 The E2 visa receives 28.6 percent of the yearly worldwide limit of employment-based immigrant
visas, plus any unused visas from the Employment First Preference categories.
o E-2 Treaty Investors: https://www.uscis.gov/working-united-states/temporary-
workers/e-2-treaty-investors
o Treaty Trader & Investor Visa:
https://travel.state.gov/content/visas/en/employment/treaty.html
o E-2 Treaty Investor Visa – A Great Visa Option For Those Who Wish To Start A Small
Business In The United States – Top E-2 Visa Questions & Answers:
http://legalservicesincorporated.com/e-2-treaty-investor-visa-a-great-visa-option-for-
those-who-wish-to-start-a-small-business-in-the-united-states-top-e-2-visa-questions-
answers/
o Employment-Based Immigrant Visa:
Employment Third Preference: Skilled Workers, Professionals, and Unskilled Workers – E3
 As with all Employee Preference Visas, the E3 Category requires for the applicant to have an
approved Immigrant Petition for Alien Worker, Form I-140.
 The employee third preference is a combination of three different types of employees: the
skilled worker, professionals, and unskilled or other workers.
o Skilled workers – individuals who classify as skilled workers are required to have a
minimum of 2 years training or work experience that is not seasonal or temporary.
o Professionals – individuals who classify as professionals will have a BA degree from
United States University/College or a foreign equivalent to a BA degree.
o Unskilled workers (Other workers) – these workers are not essentially workers that do
not have a degree nor two years of experience but qualify for the E3 anyways. As will all
employee visas, if the work needed can be provided by an US citizen then the e3 visa
will not be issued.

 According to research found, this Visa only applies to citizens of Australia.
 Criteria for the E3 Visa (provided by USCIS) is as followed:
o The immigrating individual must prove that they are a citizen of Australia
o A job offer must be present prior to applying to immigrate
o The individual must poses the required academic achievements mentioned above
o The position offered must be classified as “specialty occupation”
 Documentation that is required, other than that required for basic immigration purposes,
include:
o A Labor Condition Application (LCA) – “individuals should use the standard ETA-9035
and ask for it to be notated as an E-3 LCA.”
o Academic and other credentials required for the position.
o The job offer letter and any other forms from the intended employer proving
employment upon arrival in the United States.
o Any certification or license needed to practice the special occupation in which is claimed
the immigrating individual can perform.
 The stay period for an E3 is two years and extensions are available.
 The E3 visa receives 28.6 percent of the yearly worldwide limit of employment-based immigrant
visas, plus any unused visas from the Employment First Preference and Second Preference
categories.
o Employment-Based Immigrant Visa:
o E-3 Certain Specialty Occupation Professionals from Australia:
https://www.uscis.gov/working-united-states/temporary-workers/e-3-certain-specialty-
occupation-professionals-australia

Treaty Trader and Investor Countries:
E1 - Employee First Preference: Priority workers
 Argentina
 Australia
 Austria
 Belgium
 Bolivia
 Bosnia and
Herzegovina
 Brunei
 Canada
 Chile
 China (Taiwan)
 Columbia
 Costa Rica
 Croatia
 Denmark
 Estonia
 Ethiopia
 Finland
 France
 Germany
 Greece
 Honduras
 Iran
 Ireland
 Israel
 Italy
 Japan
 Jordan
 Kosovo
 Latvia
 Liberia
 Luxembourg
 Macedonia
 Mexico
 Montenegro
 Netherlands
 Norway
 Oman
 Pakistan
 Paraguay
 Philippines
 Poland
 Serbia
 Singapore
 Slovenia
 South Korea
 Spain
 Suriname
 Sweden
 Switzerland
 Thailand
 Togo
 Turkey
 United Kingdom
 Yugoslavia

E2 - Employment Second Preference: Professionals Holding Advanced Degrees and Persons of
Exceptional Ability
 Albania
 Argentina
 Armenia
 Australia
 Austria
 Azerbaijan
 Bahrain
 Bangladesh
 Belgium
 Bolivia
 Bosnia and
Herzegovina
 Brunei
 Bulgaria
 Cameroon
 Canada
 Chile
 China (Taiwan)
 Columbia
 Congo (Brazzaville)
 Congo (Kinshasa)
 Costa Rica
 Croatia
 Czech Republic
 Denmark
 Ecuador
 Egypt
 Estonia
 Ethiopia
 Finland
 France
 Georgia
 Germany
 Greece
 Grenada
 Honduras
 Iran
 Ireland
 Israel
 Italy
 Jamaica
 Japan
 Jordan
 Kazakhstan
 Kosovo
 Kyrgyzstan
 Latvia
 Liberia
 Lithuania
 Luxembourg
 Macedonia
 Mexico
 Moldova
 Mongolia
 Montenegro
 Morocco
 Netherlands
 Norway
 Oman
 Pakistan
 Panama
 Paraguay
 Philippines
 Poland
 Romania
 Serbia
 Senegal
 Singapore
 Slovak Republic
 Slovenia
 South Korea
 Spain
 Sri Lanka
 Suriname
 Sweden
 Switzerland
 Thailand
 Togo
 Trinidad & Tobago
 Tunisia
 Turkey
 Ukraine
 United Kingdom
 Yugoslavia
The above list was provided by the State Department and can be located here:
https://travel.state.gov/content/visas/en/fees/treaty.html

Other Immigrants
Diversity Immigrant Visa – DV
 The Department of State’s Diversity Visa Program is a congressionally mandate program
designed to allow more immigrants from regions that have had a historically low rate of
immigration. This class of immigrates is referred to as “diversity immigrants.”
o In Fiscal Year 2017 there will be roughly 50,000 diversity visas awarded.
 DVs are only awarded to sic geographical regions in the world, and no single country may
receive more than 7%, or 3500, of the 50,000 awarded visas.
 The following countries will not eligible to receive any visas due to a large intake of immigrants
from these countries within the past five years:
o Bangladesh
o Brazil
o Canada
o China
(mainland born)
o Colombia
o Dominican
Republic
o Ecuador
o El Salvador
o Haiti
o India
o Jamaica
o Mexico
o Nigeria
o Pakistan
o Peru
o Philippines
o South Korea
o United Kingdom
and territories
(not including
Northern Ireland)
o Vietnam
 Although the eligibility requirements are simply, it is important to note that eligibility
requirements are extremely strict:
o The applicant must be a national of a country that has been approved by the State
Department.
 The list of countries eligible for the DV Program can be found on Pages 16-18 on
the official State Department Instructional handout. Please follow the below link
for said handout (warning: the below link will open a PDF File).
https://travel.state.gov/content/dam/visas/Diversity-Visa/DV-Instructions-
Translations/DV-2017-Instructions-Translations/DV-
2017%20Instructions%20and%20FAQs.pdf

o The applicant must either:
 A high school degree at least, a foreign equivalent will also suffice.
 Two years’ work experience within the past five years. Prior to working two full
years, the applicant must have at least went through two years of training for
their field.
 There are two exceptions one can claim if they are a national of an illegible country:
o If said individual’s spouse is from an eligible country the individual may claim that
country as their own only if both spouses enter the United States through the DV
Program simultaneously,
o If one of the said individual’s parents is a native of an eligible country, and this parent
was not a resident or native of the country in which the applicant was born, the
applicant may claim the parent’s country of origin.
 It should be noted that there is not age restriction to apply for the DV Program.
 A Diversity Visa is only good for one Fiscal Year: October 1, 20XX – September 30, 20XY
o Instructions for the 2017 Diversity Immigrant Visa Program (DV-2017):
https://travel.state.gov/content/dam/visas/Diversity-Visa/DV-Instructions-
Translations/DV-2017-Instructions-Translations/DV-
2017%20Instructions%20and%20FAQs.pdf
o The Diversity Visa Process:
https://travel.state.gov/content/visas/en/immigrate/diversity-visa/if-you-are-
selected/confirm-your-qualifications.html

Returning Resident Visa – SB-1
 The SB-1 visa is for individuals who hold Lawful Permanent Resident status and wish to return to
the United States AFTER they have been out of country for longer than the green card allotted
time of 1 year or after the Re-entry Permit allotted time of 2 years.
o If their application is accepted, said applicant will not be required to file an immigrant
visa petition with DHS and USCIS. The same eligibility for immigrant visas still apply and
the interview process will still need to partake. The individual will, however, be
responsible for both visa processing fees and medical fees.
o You cannot apply for a SB-1 Visa prior to the one year green card and 2 year Re-entry
time periods being over.
 In order to be eligible for the SB visa the individual must:
o Had the status of lawful permanent resident when they left the country,
o Had the intention of returning to the United States and still have this intention,
o Left the country for temporary aboard visit that was extended for reasons outside of the
individual’s control. Examples include:
 The applicant’s Illness or pregnancy,
 Passport and other travel documents being held,
 Permission is not granted to leave the country in which the applicant is in.
 Important note: applicants who do not have a valid reason for not returning to the United States
in the allotted time frames will not be considered for the Resident Re-entry Visa. Simply because
a resident want to take a long visit abroad is not sufficient in returning with a SB-1 visa.
 The required documentation includes the Application to Determine Returning Status
(Form DS-117), the applicant’s Permanent Resident Card (Form I-551), and, if available, the
individual’s Re-entry Permit.
 According to the Department of State’s website, supporting documentation is also required in
the form of:
o “Dates of travel outside of the United States (Examples: airline tickets, passport stamps,
etc.)
o Proof of your ties to the United States and your intention to return (Examples: tax
returns, and evidence of economic, family, and social ties to the United States)
o Proof that your protracted stay outside of the United States was for reasons beyond
your control (Examples: medical incapacitation, employment with a U.S. company, etc.)”
 In addition to the requirements outlined above, the interview process for the SB-1 visa will also
require:
o Form DS-260, Immigrant Visa and Alien Registration Application, to be filed,
o An original passport
o Two photographs
o A list of requested “civil documents.”

 Important note: if one wishes to return to the United States after the 1 year green card period, 2
year re-entry period, and their SB-1 application has failed, they can apply for a non-immigrant
visa but will have to abandon their Legal Permanent Resident Status. This requires the filing of
the I-407 form, Abandonment of Lawful Permanent Resident Status, and the surrender of the
I-551, Permanent Resident Card.
 For more information please visit
o Returning Resident Visas:
https://travel.state.gov/content/visas/en/immigrate/returning-residents.html
o Returning Resident Visa:
http://www.immihelp.com/greencard/returning-resident-visa.html

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