Rating: 7.6/10.
Book for people interested in U.S. immigration, covering a wide variety of the most common and many of the less common visas for both immigrants and non-immigrants. It provides a good understanding of the differences between categories and how the immigration system works as a whole. Most of the chapters are relatively independent and offer detailed instructions on practical matters, such as the documents required for each step of the visa process. Many of these steps are shared, so some of the steps are repeated in multiple chapters, making it a useful guidebook for many different categories.
Chapter 1. With U.S. immigration, you must first pass the inadmissibility gate (such as if you have a criminal record or if you overstayed a previous U.S. visa), and then go through one of the eligibility criteria. Afterward, you need to manage your applications through a few years of bureaucracy. Those with parents who are U.S. citizens have a shortcut in the process and can just apply for a passport.
Chapter 2. Conditions for obtaining citizenship through parents. This is generally possible even for families who have been outside the U.S. for a long time, as long as a parent was born in the U.S. or was a U.S. citizen when you were born.
Chapter 3. Conditions for inadmissibility. You need to prove you have the finances to support yourself and your dependents above the poverty line. Other reasons for inadmissibility include previous crimes, overstaying in the U.S., and fraudulent applications. Many of these issues can lead to several years or a permanent ban, but there are possibilities to apply for waivers in many of these cases.
Chapter 4: Tips for being organized with your applications, dealing with delays and lost documents, procedures for the counselor interview
Chapter 5: Canadians (and to a lesser extent, Mexicans) have some special visas and simplified procedures for the L-1, J-1, and some other visas. The TN visa is valid for three years at a time with no renewal limit for a wide range of skilled occupations, but you cannot have an interest in staying and applying for a green card. Family members automatically get TD visa status, but they cannot work. The I-94 is a record given on entry that indicates the date of entry, but it may be skipped for some Canadian visas like tourist visas.
Chapter 6. Guidelines on how to find a lawyer, avoiding those who overpromise or aren’t real lawyers, and expectations of what a lawyer can reasonably do.
Chapter 7. Various types of family immigration eligible for a queue to a green card. If a parent was not a U.S. citizen when you were born, then citizenship is not immediate, but it is possible to apply for green card status; the priority depends on age and marital status. It is also possible to adopt foreign children and obtain green cards through marriage – there are various conditions for situations such as the spouse dying, divorce, abusive relationships, the spouse getting deported, fake marriages meant for green cards, and procedures for this application.
Chapter 8. The K-1 visa, or the fiancé visa, which allows you to get married to a U.S. citizen in the United States, valid for 90 days.
Chapter 9: Most employment-based visa categories require a permanent job with a U.S. employer. The EB-1 is for individuals of extraordinary ability, university professors, and high-level managers. The EB-2 category is for those with advanced degrees or jobs of national importance. The EB-3 category is for general professional work, but the wait time is long. The employer must file a PERM application with the government, demonstrating that it has legitimately attempted to find a U.S. worker to fill the position at the same rate but was unable to do so, and then file an I-140 petition to show that you meet the requirements of the employment category. There is a wait queue that is the longest for applicants from India and China. The I-485 allows for adjustment of status, and once it is filed, there is a period during which you may not leave the U.S.
Chapter 10: The Diversity Visa Lottery is available to anyone except for people from ~20 countries with the most immigrants. You have a random chance of around 0.5% of being selected, after which you must quickly put together an application, undergo a background check, and receive the green card upon arrival.
Chapter 11: The EB-5 Investor Visa requires you to invest approximately $1 million and create ten full-time jobs. Around 10,000 of these visas are issued per year. Regional centers are projects dedicated to taking capital and fulfilling the visa requirements, but many still fail, making it a risky gamble that can sometimes be fraudulent.
Chapter 12: Special Immigrant Visa categories (EB-4) total around 10,000 per year and cover an assortment of various special cases, such as religious workers or foreign medical graduates, etc.
Chapter 13: Refugee and Asylum Green Cards require you to prove persecution in your home country and that safety is not available elsewhere in your home country or in a second country other than the US. An asylum claim is made after you are already in the US and do not want to leave.
Chapter 14: Permanent residence status, or a green card, requires you to live in the US, and trips away for six months or more are likely to subject to questioning or risk you giving it up. You need to report any change of address, and all worldwide income must be reported to tax authorities. A green card is unlike US citizenship and can be taken away in situations such as criminal activity.
Chapter 15: Non-immigrant visas are for a specific duration of time and a specific purpose, and they do not make progress towards a green card. You cannot have immigrant intent, eg, having already started the process for an immigrant visa disqualifies you for many non-immigrant visas. The B-1/B-2 visa is for tourism and temporary business activities, respectively, for up to six months at a time. It is usually multiple-entry and not needed for many countries, including Canada.
Chapter 16: The H-1B visa is for skilled jobs, mostly in tech, and requires a bachelor’s degree. A total of 85,000 visas are issued per year. The visa can be initially granted for three years but can be renewed for up to six years. The employer must file a Labor Condition Application (LCA) to demonstrate the need for H-1B workers and then file a petition to show that you meet the requirements of the H-1B visa before you can enter the lottery. Your spouse and children can also come and, in some cases, work under the H-4 visa. If you are switching jobs, there is a 60-day grace period to find a new employer who can submit a new petition to extend the visa without entering the lottery again.
Chapter 17. The H-2B visa is for seasonal or temporary work; 66,000 visas are given per year and must not have immigration intent, similar to the H-1B visa. The employer must submit a labor certification and petition.
Chapter 18. The H-3 visa for temporary training not available in the home country. This visa is relatively uncommon, and it is often easier to use the B-1 visa if the training is less than six months.
Chapter 19. The L-1 visa, which is for managers or highly knowledgeable workers to transfer from a non-U.S. branch of a company to the U.S. after working for at least one year. Initially, it is given for three years and may be extended for two more years, up to a maximum of five years. Dual intent is possible, meaning immigration intent is allowed.
Chapter 20. The Treaty Trader E-1 visa, which is for executives, managers, or key employees of businesses based in the origin country that conduct at least 50% of their trade between the origin country and the U.S. The business should trade at least $200,000 a year. This is a non-immigrant visa but can be renewed indefinitely.
Chapter 21. The Treaty Investor E-2 visa, which is for executives, managers, and key employees of a company that is a U.S. business. The business must not be marginal, meaning it should generate more than enough income to support just the investor’s family, and it must be an active, not passive, investment. Stocks and real estate do not count. This is a non-immigrant visa but can be renewed indefinitely.
Chapter 22. Two types of student visas are the F-1 visa for academic programs, while the M-1 visa is for vocational schools. In the US, many students work part-time, but only for a few specific jobs, such as on-campus employment. After graduation, you may proceed to Optional Practical Training (OPT) and work in the US for up to three years, depending on the type of job. The school must periodically report to the US government to confirm that international students are still attending classes and have not dropped out.
Chapter 23: The J-1 visa is for various types of exchange students, interns, trainees, etc. The rules vary depending on the category, but it is typically limited to 12 months. Many categories have a two-year home residency requirement, meaning you must return to your home country for two years before you can apply for another US visa or a green card.
Chapter 24. The O-1 visa is for individuals of extraordinary ability in the arts, athletics, sciences, and business. You need evidence of international recognition, not just a high level of skill. The P-1 visa is for athletic and entertainment groups of international level, and both allow sub-visas for support staff and relatives. They are both non-immigrant visas granted for up to three years at a time.
Chapter 25. Temporary Protected Status (TPS) is designated when the home country is experiencing civil war or disaster, as determined by the U.S. government. People already in the U.S. are allowed to stay, but it is not available to those not already in the U.S.
Chapter 26. Deferred Action for Childhood Arrivals (DACA) is a temporary allowance to remain in the U.S. for those brought to the country as children without legal status. It may not be granted in cases of a criminal record or fraud.
Chapter 27. The U visa is a temporary visa for victims of crime who must assist U.S. law enforcement with the crime investigation.
