US Immigration: A Complete Visa Guide

The United States has long stood as a destination for those seeking new opportunities, whether to study, work, join family, or begin a fresh chapter in life. Its immigration system is governed by a complex framework of federal law that sets out who may enter, remain, work, or settle permanently. Within this framework are multiple visa categories, each tailored to a different purpose, from short-term visits to permanent residence.

Choosing the right visa is critical. Each category comes with distinct eligibility rules, evidentiary standards, and procedural requirements. An informed approach not only improves the likelihood of success but also reduces the risk of mistakes that could limit your options in the future.

At DavidsonMorris, our immigration specialists advise businesses, individuals, and families on how to navigate these demanding rules, helping them to meet their objectives in the US.

Whether your plans involve pursuing a career in a major city, building a business, or studying at a leading institution, the first step is understanding the immigration routes available. This guide sets out the principal visa categories and pathways so you can begin with a clear sense of direction.

 

The Role of Immigration in the United States

 

Immigration has shaped the identity of the United States from its earliest days. Today, it continues to influence every dimension of American life — from the economy and workforce to culture and demographics.

New arrivals contribute fresh skills and perspectives, supporting innovation and competitiveness across sectors as diverse as technology, healthcare, education, and the arts. Immigration also helps sustain population growth and workforce numbers at a time when domestic birth rates are in decline.

The US system is structured to balance economic priorities, family unity, humanitarian protection, and national security. Understanding how these priorities interact is essential for anyone considering a move.

 

 

The key principles underpinning US immigration policy include:

 

 

1. Protecting national security

 

Entry controls and security screening aim to prevent the admission of individuals who may pose a threat to the country or its citizens.

 

 

2. Supporting economic growth

 

Employment-based visas allow US employers to recruit from overseas where skills are needed, helping to maintain innovation and competitiveness.

 

 

3. Keeping families together

 

US citizens and lawful permanent residents are able to sponsor relatives, reflecting the importance placed on family unity.

 

 

4. Offering humanitarian protection

 

The United States provides a route to safety for those fleeing persecution based on protected grounds such as race, religion, or political opinion.

 

 

5. Upholding fairness and due process

 

Applications are assessed under statute and regulation, with legal remedies and appeal routes available for those facing adverse decisions.

 

 

Types of US Immigration Routes & Visas

 

The US immigration system offers a wide range of visa categories, each designed for a specific purpose. From short visits to long-term settlement, selecting the correct visa type is essential to achieving your goals.

 

1. Visiting the US

 

Travellers can enter the US for business or leisure either on a B-1/B-2 visa or, in some cases, visa-free under the Visa Waiver Program (VWP) using ESTA.

Visa Waiver Program (ESTA): Nationals of participating countries can visit the US for up to 90 days without a visa, provided they obtain advance ESTA authorisation. ESTA cannot be extended or converted into another immigration category. Final admission is always decided by a Customs and Border Protection (CBP) officer on arrival.

B-1/B-2 Visitor Visas: For those not eligible under the VWP, these visas allow short-term visits. The B-1 visa is for business-related activities such as attending meetings, conferences, or contract negotiations. The B-2 visa is for tourism, visiting family, or receiving medical treatment. Neither allows employment or study. Applicants must show intent to return home and the means to fund their stay.

You can read more about the B1 Visa here >>

You can read more about the B2 Visa here >>

 

2. Working in the US

 

The United States offers multiple visa categories for foreign workers, each with its own eligibility requirements:

• H-1B (Specialty Occupations): For roles requiring at least a bachelor’s degree or equivalent in a specific field. Applications are subject to an annual cap unless the employer is cap-exempt (universities and certain nonprofits). Petitions must be filed by a sponsoring US employer.
• L-1 (Intra-Company Transfers): For executives, managers (L-1A), or staff with specialised knowledge (L-1B) transferring to a related US entity. The applicant must have worked for the overseas company for at least one continuous year in the previous three years.
• E-2 (Treaty Investors): For nationals of treaty countries investing a “substantial” amount into a genuine US business. The business must be more than marginal, with capacity to generate income and jobs. Visa validity and duration vary by nationality, with potential for renewals.
• E-1 (Treaty Traders): For nationals of treaty countries engaged in significant trade with the United States. The majority of the trade must occur between the US and the treaty country.
• O-1 (Individuals of Extraordinary Ability): For those with nationally or internationally recognised achievements in science, education, business, athletics, the arts, or film/television. Split into O-1A (sciences, business, education, athletics) and O-1B (arts, film, TV).
• E-3 (Australian Specialty Occupations): A category similar to H-1B but limited to Australian citizens, with a cap of 10,500 annually.
• TN (USMCA Professionals): For citizens of Canada and Mexico under the United States-Mexico-Canada Agreement (USMCA). Applicants must work in one of the treaty-approved professions and have a pre-arranged role in the US.

 

Most employment-based visas require the US employer to file a petition with US Citizenship and Immigration Services (USCIS) before the individual applies for the visa at a consulate.

 

3. Studying in the US

 

International students have dedicated visa routes depending on the type of study:

• F-1 (Academic Studies): For students attending universities, colleges, secondary schools, or approved English language programmes. Students must study full-time. Limited on-campus work is allowed, and optional training opportunities (OPT and STEM OPT extensions) may permit temporary work in the field of study.
• M-1 (Vocational or Technical Studies): For those undertaking vocational or non-academic programmes (excluding language training). M-1 students cannot work during studies and have strict limits on practical training after completion.

 

Applicants must first be accepted by a Student and Exchange Visitor Program (SEVP)-certified institution, receive Form I-20, pay the SEVIS fee, and then apply for their visa.

 

4. Family Immigration

 

The US allows citizens and lawful permanent residents (LPRs) to sponsor certain relatives:

• Immediate Relatives (no annual limit): Includes spouses of US citizens (IR-1), unmarried children under 21 (IR-2), parents of US citizens over 21 (IR-5), and certain adopted children.
• Family Preference (subject to caps): Includes adult children and siblings of US citizens, as well as spouses and children of LPRs. These visas are governed by “priority dates” and the Visa Bulletin, leading to significant wait times in many categories.

 

Sponsors must also submit an Affidavit of Support (Form I-864) to demonstrate financial ability to support the family member.

 

5. Permanent Residence (Green Card)

 

Becoming a lawful permanent resident (LPR) grants the right to live and work in the US indefinitely. Green Cards can be obtained through:

• Family sponsorship
• Employment-based categories (from extraordinary ability to skilled workers)
• The Diversity Visa Lottery (annual random selection for nationals of countries with historically low immigration to the US)
• Humanitarian protection (for refugees and asylees after one year)
• Special categories (e.g., U visas for crime victims, special immigrant juveniles)

 

Applicants may pursue permanent residence either through Adjustment of Status (Form I-485) if already in the US, or via Consular Processing through a US embassy abroad.

 

6. Humanitarian Protection: Asylum & Refugee Routes

 

The US provides protection to individuals facing persecution:

• Asylum: Applicants must be physically present in the US or at a port of entry and generally must apply within one year of arrival (limited exceptions apply). They must show a well-founded fear of persecution on grounds such as race, religion, nationality, political opinion, or membership in a social group.
• Refugee Status: For individuals applying from outside the US, usually through referral from the UNHCR or US embassies, processed via the US Refugee Admissions Program (USRAP). Refugee admissions are capped annually.

 

Both routes can lead to permanent residence after one year.

 

7. Immigration Appeals

 

Not all visa refusals can be appealed. For those that can:

• Administrative Appeals Office (AAO): Reviews certain USCIS decisions.
• Board of Immigration Appeals (BIA): Reviews decisions of immigration judges and some USCIS matters.
• Federal Court Review: Available in limited cases, often involving constitutional or significant legal issues.

 

Note: Consular visa denials under INA 214(b) are not appealable.

 

8. Travelling Through the US

 

Visitors must meet US entry requirements:

• Valid passport (usually six months beyond intended stay, subject to country agreements).
• ESTA or visa (depending on nationality).
• Proof of funds and onward travel.
• Compliance with any health requirements.

 

For transits:

C-1 Transit Visa: Required unless eligible under ESTA. Unlike in some regions, the US does not have a “sterile transit” system, so passengers transiting through US airports must hold the proper visa or ESTA authorisation.

 

 

Visiting the United States

 

The US is one of the most visited countries in the world. Whether you plan to travel for tourism, business meetings, or medical treatment, you must hold the correct permission before you arrive.

There are two main ways to visit the US legally: through the Visa Waiver Program (VWP) if you are a national of a participating country, or by obtaining a visitor visa. Citizens of Canada and Bermuda are generally exempt from the visa requirement for most short-term visits.

 

1. Visa Waiver Program (VWP)

 

Nationals of VWP countries may enter the US for up to 90 days for business or tourism without a visa, provided they:

• Apply online for advance approval through the Electronic System for Travel Authorization (ESTA).
• Hold a valid e-passport.
• Meet all admissibility requirements at the border.

 

While ESTA makes travel easier and cheaper than applying for a visa, there are important limitations:

• ESTA cannot be extended or converted into another immigration status.
• Travellers cannot work or study.
• Entry is never guaranteed — the final decision rests with Customs and Border Protection (CBP) at the port of entry.

 

If you are not eligible for ESTA or have previously overstayed in the US, you will need to apply for a B-1/B-2 visitor visa.

 

2. B-1/B-2 Visitor Visas

 

The B-1 and B-2 visas are the most common US visitor visas. They are intended for temporary stays and do not permit employment or full-time study.

B-1 Visa (Business Visitors):
For short-term business-related activities such as:

• Meeting with business partners
• Attending conferences, conventions or training seminars
• Negotiating contracts
• Settling estates

You can read more about the B1 Visa here >>

 

B-2 Visa (Tourists & Visitors):
For leisure travel, family visits, or medical treatment. It also covers certain amateur performers or athletes taking part in unpaid competitions. Applicants for medical treatment must show evidence of ability to pay.

You can read more about the B2 Visa here >>

 

3. B-1/B-2 Visa Application Process

 

The standard process involves several steps:

• Complete the DS-160 Form: This is the online nonimmigrant visa application.
• Book a Consular Interview: Applicants aged 14–79 are generally required to attend an interview at a US embassy or consulate.
• Prepare Supporting Evidence: Including a valid passport, visa application photo, and proof of fee payment. Additional evidence may be required, such as travel plans, proof of funds, and ties to your home country.
• Attend the Interview: A consular officer will assess eligibility and purpose of travel.

 

 

4. Tips for a Smooth Visit

 

• Apply Early: Visa interview wait times vary significantly by consulate and season.
• Be Clear on Purpose: Your application must match your true purpose of visit.
• Prepare for the Interview: Be ready to explain travel plans and demonstrate that you intend to return home after your trip.

 

 

Working in the United States

 

The US offers a wide range of employment-based visa routes, but each comes with strict eligibility criteria. In most cases, you must already have a job offer from a US employer before applying, and your employer must be prepared to act as your visa sponsor.

 

1. H-1B Visa (Specialty Occupations)

 

The H-1B visa is one of the most sought-after work visas. It allows US employers to hire foreign nationals in “specialty occupations” — roles requiring highly specialised knowledge, usually backed by at least a bachelor’s degree or equivalent.

Key points:

• The H-1B is subject to an annual cap (65,000 visas, plus 20,000 for advanced US degree holders).
• The application process includes an initial lottery registration if demand exceeds supply.
• Employers must file a Labour Condition Application (LCA) with the Department of Labor, confirming wage and working conditions.

You can read more about the H1b here >>

 

 

2. L-1 Visa (Intra-Company Transfer)

 

The L-1 visa enables multinational companies to transfer senior managers, executives, or employees with specialised knowledge to their US office.

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

 

This visa is particularly useful for global businesses with established US subsidiaries. There is no quota, but the company must demonstrate a qualifying corporate relationship between the overseas and US entities.

You can read more about the L1 Visa here >>

 

3. E-1 and E-2 Visas (Treaty Trader & Investor)

 

Nationals of countries with a trade or investment treaty with the US may qualify for:

• E-1 Treaty Trader Visa: For those carrying out substantial trade between the US and their home country.
• E-2 Treaty Investor Visa: For individuals investing a substantial sum in a US business they will direct and develop.

 

Unlike the H-1B, these visas are not capped annually and can be renewed indefinitely, provided the underlying business continues to operate.

You can read more about the E1 Visa here >>

You can read more about the E2 Visa here >>

 

4. O-1 Visa (Individuals of Extraordinary Ability)

 

The O-1 visa is reserved for those who can demonstrate extraordinary ability or achievement in their field — whether in science, education, business, athletics, or the arts.

Applicants must provide substantial evidence of international recognition, such as awards, publications, or leading roles in distinguished organisations.

 

5. E-3 Visa (Australian Nationals)

 

The E-3 visa is exclusively available to Australian citizens working in specialty occupations. The eligibility criteria are similar to the H-1B, but with a separate quota of 10,500 visas annually.

 

6. TN Visa (Canadian & Mexican Professionals)

 

The TN visa, created under the US-Mexico-Canada Agreement (USMCA), allows Canadian and Mexican citizens to work in certain professional roles in the US. It is simpler and quicker to obtain than the H-1B, provided the role appears on the list of eligible professions.

 

7. General Employment Visa Application Process

 

Although requirements differ between categories, most US employment visa applications follow a similar pattern:

• Employer Sponsorship: The US company files a petition with US Citizenship and Immigration Services (USCIS).
• Approval Notice: If granted, the approval is forwarded to the applicant’s local US consulate.
• Visa Application & Interview: The applicant submits a DS-160 form, pays the visa fee, and attends a consular interview.
• Port of Entry Decision: Even with a visa, final entry approval rests with Customs and Border Protection (CBP).

 

 

Section Summary

 

The US work visa system is complex, with strict sponsorship rules and varying requirements by visa type. Choosing the right category — and ensuring both employer and employee eligibility — is critical to avoid delays or refusals.

 

 

Studying in the United States

 

The US remains one of the most popular destinations for international students, with thousands of accredited institutions offering a wide range of academic and vocational programmes. To study in the US, overseas nationals usually require a student visa. The right category depends on the type of course and institution.

 

1. F-1 Visa (Academic Students)

 

The F-1 visa is the most common student visa route. It applies to full-time students enrolled at a US college, university, secondary school, or other accredited academic institution.

Key points:

• Applicants must obtain an I-20 form (Certificate of Eligibility) from a SEVP-approved school.
• Proof of sufficient funds to cover tuition and living costs is required.
• Students may be permitted limited on-campus work and, in some cases, Optional Practical Training (OPT) after graduation.

 

 

2. M-1 Visa (Vocational Students)

 

The M-1 visa covers students enrolled in vocational or non-academic training programmes (such as technical or mechanical courses).

• Like the F-1, applicants must receive an I-20 form from a SEVP-certified institution.
• Employment opportunities are far more restricted than under the F-1 visa.
• M-1 visa holders are generally limited to practical training directly related to their field of study and must obtain advance authorisation.

 

 

3. J-1 Visa (Exchange Visitors)

 

The J-1 visa is designed for individuals participating in approved exchange programmes, including students, visiting scholars, researchers, interns, and medical trainees.

• Sponsorship must be arranged through an organisation or institution approved by the US Department of State.
• Some J-1 visa holders may be subject to the two-year home residency requirement before they can apply for certain US visas or permanent residence, unless a waiver is granted.

 

 

4. Student Visa Application Process

 

The student visa application process typically involves:

• SEVP School Acceptance: Admission to a US institution certified by the Student and Exchange Visitor Program (SEVP).
• Form I-20 or DS-2019: Issued by the sponsoring institution.
• SEVIS Fee Payment: Payment of the Student and Exchange Visitor Information System (SEVIS) fee.
• DS-160 Application: Completion of the online nonimmigrant visa application form.
• Consular Interview: Attendance at a US embassy or consulate interview with supporting documentation.

 

 

Section Summary

 

The F-1, M-1 and J-1 visas provide the main routes for studying in the US. Choosing the correct visa depends on whether the programme is academic, vocational, or part of an exchange scheme. Compliance with financial, institutional, and sponsorship requirements is essential, and applicants should be prepared to evidence these at every stage.

 

 

Visiting the United States

 

The US attracts millions of visitors each year for business, tourism, and family purposes. Unless eligible to travel under the Visa Waiver Program (VWP), most overseas nationals must apply for a visitor visa before travelling. The correct category depends on the reason for the trip.

 

1. B-1 Visa (Business Visitors)

 

The B-1 visa is designed for individuals travelling temporarily to the US for business-related activities that do not involve paid employment. Permitted activities typically include:

• Attending meetings or conferences
• Negotiating contracts
• Participating in short-term training
• Settling an estate

 

B-1 visa holders are not permitted to take up employment with a US business or be paid by a US source for work performed while in the country.

 

2. B-2 Visa (Tourist Visitors)

 

The B-2 visa is for those entering the US temporarily for leisure or personal reasons. Permitted purposes include:

• Tourism or holidays
• Visiting friends or relatives
• Receiving medical treatment
• Participation in social events or amateur activities

 

Holders of a B-2 visa are not permitted to work in the US or enrol in long-term study programmes.

 

3. Combined B-1/B-2 Visa

 

Many visitor visas are issued as B-1/B-2 visas, allowing a combination of business and leisure activities during the same trip, provided all activities fall within the permitted scope of the visa.

 

4. Visa Waiver Program (ESTA)

 

Nationals of countries participating in the Visa Waiver Program (VWP) can travel to the US for up to 90 days for business or tourism without obtaining a visa.

• Travellers must obtain Electronic System for Travel Authorization (ESTA) approval prior to travel.
• ESTA is generally valid for two years, or until the traveller’s passport expires (whichever is earlier).
• VWP travellers cannot extend their stay beyond 90 days or change status while in the US.

 

 

5. Visitor Visa Application Process

 

Applying for a visitor visa typically involves:

• Completing the DS-160 online application.
• Paying the visa application fee.
• Attending an interview at a US embassy or consulate.
• Providing supporting evidence of purpose of travel, financial means, and ties to the home country.

 

 

Section Summary

 

The US visitor routes are tightly regulated, with clear restrictions on work and study. The B-1 visa covers short-term business activities, while the B-2 visa applies to tourism and other leisure travel. Nationals from participating countries may be able to use the Visa Waiver Program, provided they secure ESTA clearance before departure. Choosing the correct category is critical to compliance and avoiding issues at the US border.

 

 

Working in the United States

 

Foreign nationals who wish to work in the US must obtain the correct visa before starting employment. The appropriate visa depends on the nature of the role, the applicant’s skills, and whether the employer is a US entity. Below are some of the main US work visa categories.

 

1. H-1B Visa (Specialty Occupations)

 

The H-1B visa enables US employers to recruit foreign workers in specialty occupations that require a bachelor’s degree or higher, or equivalent experience.

• Common fields include IT, engineering, finance, and healthcare.
• Applicants must have a job offer from a US employer who files the petition on their behalf.
• The visa is typically granted for three years, with the possibility of extension up to a maximum of six years.
• Numbers are subject to an annual cap, with applications allocated through a lottery system.

 

 

2. L-1 Visa (Intra-Company Transfer)

 

The L-1 visa allows multinational companies to transfer key staff from an overseas office to a related US branch, subsidiary, or affiliate.

• L-1A visas: Cover executives and managers.
• L-1B visas: Apply to staff with specialised knowledge.

 

The initial grant is usually for one to three years, with extensions available (up to seven years for executives/managers, and five years for specialised knowledge workers).

 

3. O-1 Visa (Individuals with Extraordinary Ability)

 

The O-1 visa is reserved for individuals who have demonstrated extraordinary ability in areas such as science, education, business, athletics, or the arts.

• Applicants must provide evidence of sustained national or international acclaim.
• Typically requires a petitioning employer, agent, or sponsor in the US.
• Granted for the duration of the specific event, engagement, or project (up to three years initially, with one-year extensions possible).

 

 

4. E-1 and E-2 Visas (Treaty Traders and Investors)

 

The E visa categories are available to nationals of countries that maintain treaties of commerce and navigation with the US.

• E-1 (Treaty Trader): For individuals engaged in substantial trade between the US and their home country.
• E-2 (Treaty Investor): For those making a significant investment in a US business and developing or directing its operations.

 

Unlike the H-1B and L-1 visas, the E visas are generally renewable indefinitely, provided the underlying trade or investment activity continues.

 

5. Application Process for US Work Visas

 

The process differs by visa type but generally involves:

• The US employer filing a petition with US Citizenship and Immigration Services (USCIS) (where applicable).
• The applicant completing the DS-160 form and paying the relevant fee.
• Attending an interview at a US embassy or consulate.
• Providing evidence of eligibility, such as qualifications, job offer, and company documentation.

 

 

Section Summary

 

The US offers multiple visa options for foreign nationals looking to work, from the H-1B for specialist roles to the L-1 for intra-company transfers, the O-1 for top talent, and E visas for treaty traders and investors. Selecting the correct category depends on the applicant’s background and the employer’s needs. Each route carries strict eligibility criteria, and applications must be carefully prepared to avoid delays or refusal.

 

 

Studying in the United States

 

The US attracts large numbers of international students each year, offering world-class universities, specialist colleges, and diverse academic programmes. To study in the US, foreign nationals require the appropriate visa, depending on the course type and duration.

 

1. F-1 Visa (Academic Students)

 

The F-1 visa is the primary route for overseas students enrolling in academic programmes at US institutions.

• Eligible for degree courses at universities, colleges, high schools, or accredited language training programmes.
• Applicants must be accepted by a Student and Exchange Visitor Program (SEVP)-approved institution.
• Students must study full-time and maintain good academic standing.
• F-1 students can work part-time on campus during term time (up to 20 hours per week) and may be eligible for Optional Practical Training (OPT) or Curricular Practical Training (CPT) to gain work experience.

 

 

2. M-1 Visa (Vocational and Technical Students)

 

The M-1 visa is designed for students pursuing non-academic or vocational training in the US.

• Covers technical courses, trade schools, and other vocational studies.
• Unlike the F-1 visa, M-1 holders cannot work during their studies.
• Limited post-study training may be possible, but strict rules apply.
• Applicants must also be enrolled at an SEVP-approved institution.

 

 

3. J-1 Visa (Exchange Visitors)

 

The J-1 visa is for individuals participating in exchange visitor programmes, which may include studying, teaching, research, or cultural exchange.

• Common routes include university exchanges, research scholars, teaching assistants, and au pairs.
• Participants must have a programme sponsor approved by the US Department of State.
• Some J-1 visa holders may be subject to the two-year home residency requirement, meaning they must return to their home country for at least two years before applying for certain other US visas or permanent residence.

 

 

4. Application Process for US Student Visas

 

Although requirements vary by visa type, most student visa applicants must:

• Receive a Form I-20 (for F-1 or M-1 visas) or Form DS-2019 (for J-1 visas) from their sponsoring institution or programme.
• Pay the SEVIS I-901 fee to enrol in the Student and Exchange Visitor Information System.
• Complete the DS-160 form and pay the visa application fee.
• Attend a visa interview at a US embassy or consulate.
• Provide documentation such as admission confirmation, proof of financial resources, and evidence of intent to return home.

 

 

Section Summary

 

The US student visa system is split into three main categories: the F-1 for academic students, M-1 for vocational training, and J-1 for exchange visitors. Each has distinct rules on study, employment, and post-study opportunities. To avoid delays or refusal, applicants must ensure they apply under the correct visa type and provide full supporting evidence.

 

 

Visiting the United States

 

The US visitor visa system covers short-term stays for tourism, family visits, business activities, and medical treatment. For most travellers who are not from visa waiver countries, the B visa category applies.

 

1. B-1 Visa (Business Visitors)

 

The B-1 visa allows foreign nationals to enter the US for short-term business purposes.

• Typical activities include attending meetings, conferences, or training programmes.
• Permitted uses also cover contract negotiations, site inspections, and short-term professional consultations.
• Importantly, B-1 holders cannot take up employment in the US or receive payment from a US source.

 

 

2. B-2 Visa (Tourism & Visitors)

 

The B-2 visa is for those travelling to the US for leisure, tourism, or personal purposes.

• Covers holidays, visiting friends and relatives, or receiving private medical treatment.
• Some enrolment in recreational short courses (not leading to credit or certification) may be permitted.
• Like the B-1 visa, B-2 holders are not permitted to work or study full-time.

 

 

3. Combined B-1/B-2 Visa

 

In practice, many travellers are issued a B-1/B-2 visa, covering both business and tourism. This reflects the reality that short trips often mix professional and personal purposes.

 

4. Visa Waiver Program (ESTA)

 

Citizens of certain countries can travel to the US for up to 90 days without a visa under the Visa Waiver Program (VWP), provided they obtain travel authorisation through the Electronic System for Travel Authorization (ESTA) before departure.

• ESTA approval is usually quick but must be obtained online prior to travel.
• Travellers cannot extend their stay beyond 90 days or change status while in the US.
• For longer visits or activities outside the permitted scope, a B-1/B-2 visa is required.

 

 

5. Application Process for Visitor Visas

 

The process for applying for a B-1 or B-2 visa typically involves:

• Completing the DS-160 form and paying the application fee.
• Scheduling and attending a visa interview at a US embassy or consulate.
• Providing evidence of the purpose of the trip, financial means to cover expenses, and intent to return home.
• Supporting documents may include travel itineraries, letters from employers, or medical reports (for treatment cases).

 

 

Section Summary

 

The US visitor visa framework distinguishes between business (B-1) and tourist/personal (B-2) purposes, though a combined B-1/B-2 visa is often issued. The Visa Waiver Program provides an alternative for short stays for eligible nationalities. Applicants must demonstrate strong ties to their home country and meet strict eligibility criteria to secure entry clearance.

 

 

Permanent Residence in the United States (Green Cards)

 

A Green Card provides lawful permanent residence in the US, granting the right to live and work there indefinitely. Green Card holders may also apply for US citizenship after meeting the residence and eligibility requirements.

 

1. Family-Based Green Cards

 

US citizens and lawful permanent residents can sponsor certain family members for Green Cards.

• Immediate relatives of US citizens, such as spouses, unmarried children under 21, and parents, are given priority.
• Other family relationships, such as siblings or married adult children, may qualify but face annual quotas and longer waiting times.
• Applicants must provide evidence of the family relationship and proof that the sponsor can support the applicant financially.

 

 

2. Employment-Based Green Cards

 

Employment is another pathway to permanent residence.

• Employer sponsorship: US employers can petition for foreign workers in specific job categories, such as those with extraordinary abilities, advanced qualifications, or specialist skills.
• Self-petitioning: Some highly skilled individuals may apply directly, for example under the EB-1A Extraordinary Ability or National Interest Waiver (EB-2 NIW) categories.

 

The application process generally involves labour certification, an immigrant petition, and adjustment of status or consular processing.

 

3. Diversity Visa Lottery

 

Each year, the Diversity Visa (DV) Lottery allocates up to 55,000 immigrant visas to applicants from countries with historically low levels of US immigration.

• Selection is random but applicants must meet minimum education or work experience requirements.
• Winning the lottery does not guarantee a visa; applicants must still meet eligibility criteria and pass background checks.

 

 

4. Refugee & Asylum-Based Green Cards

 

Individuals granted refugee or asylum status in the US may apply for a Green Card after one year of continuous residence.

• Applicants must remain eligible under humanitarian protection rules.
• This pathway recognises those unable to return to their home country due to persecution or a well-founded fear of harm.

 

 

5. Other Green Card Categories

 

Additional categories exist for more specific circumstances, including:

• Special Immigrant Green Cards: Covering groups such as religious workers or certain international employees.
• Long-term US residents: Such as those under the Cuban Adjustment Act or other special legislation.

 

 

6. Application Process

 

The Green Card process depends on the route but typically involves:

• Filing the relevant petition (family or employment-based).
• Waiting for a visa number to become available (for categories subject to quotas).
• Completing medical examinations, background checks, and submitting Form I-485 (Adjustment of Status) if already in the US, or applying through consular processing abroad.
• Attending an interview with a USCIS officer or consular officer.

 

 

Section Summary

 

The US Green Card system offers multiple pathways to permanent residence, including family, employment, humanitarian, and diversity-based routes. Each category has specific eligibility requirements and application steps, with waiting times varying depending on quotas and demand. Securing a Green Card provides long-term stability and the opportunity to later pursue US citizenship.

 

US Citizenship & Naturalisation

Becoming a US citizen provides the highest level of immigration status in the United States. Citizenship offers full political and civic rights, including the right to vote in federal elections, apply for a US passport, and gain protection from removal or deportation.

Section A: Routes to Citizenship

 

There are three principal routes to obtaining US citizenship:

 

1. Birthright Citizenship

 

Anyone born in the US (with limited exceptions) automatically acquires US citizenship under the Fourteenth Amendment.

 

 

2. Citizenship through Parents

 

In some cases, children born abroad to US citizen parents may automatically acquire or later claim citizenship.

 

 

3. Naturalisation

 

Foreign nationals may apply to become US citizens after holding permanent resident status (a Green Card) for a qualifying period.

 

 

Section B: Naturalisation Requirements

 

Most applicants for naturalisation must meet the following conditions:

• Continuous Residence: Typically five years as a Green Card holder, reduced to three years for those married to a US citizen.
• Physical Presence: At least half of the qualifying period must be spent physically in the US.
• Good Moral Character: Applicants must demonstrate compliance with US laws, including criminal, tax, and immigration regulations.
• English Language & Civics Test: Most applicants must pass an English test and demonstrate knowledge of US history and government.

 

Section C: The Application Process

 

The process to become a US citizen involves:

• Submitting Form N-400 (Application for Naturalisation) to USCIS.
• Attending a biometric appointment for fingerprinting and background checks.
• Completing a USCIS interview, including the English and civics tests.
• Receiving a decision from USCIS.
• If successful, attending a naturalisation ceremony and taking the Oath of Allegiance, after which citizenship is formally granted.

 

Section D: Dual Citizenship

 

The US permits dual nationality, allowing individuals to hold US citizenship alongside another country’s citizenship. However, applicants should check the rules of their home country, as some do not allow dual citizenship and may require renunciation.

 

 

Section E: Benefits of Citizenship

 

US citizenship provides significant advantages over permanent residence, including:

• The right to vote in US elections.
• Eligibility for a US passport and consular protection abroad.
• Priority when petitioning for family members to immigrate.
• Protection from deportation or removal.
• Access to certain federal jobs and benefits reserved for US citizens.

 

Conclusion

 

Section Summary

US citizenship may be acquired by birth, parentage, or naturalisation. For permanent residents, the naturalisation process requires meeting residence, good character, and civics knowledge requirements, before taking the Oath of Allegiance. Citizenship provides security, rights, and opportunities not available to Green Card holders.

 

How DavidsonMorris Can Help with US Immigration

US immigration law is complex and constantly evolving. Employers and individuals often need specialist guidance to ensure that applications are compliant, accurate, and supported by the right evidence.

Section A: Our US Immigration Services

 

At DavidsonMorris, our team advises both businesses and private clients on US visa and immigration matters. We provide tailored support across a wide range of routes, including:

• Employment-based visas such as the H-1B, L-1, O-1, and other temporary work categories.
• Business and investment visas, including E-2 Treaty Investor visas and EB-5 Immigrant Investor visas.
• Family and partner visas, including CR-1 and IR-1 spousal visas and fiancé(e) visas.
• Permanent residency (Green Cards) through employment or family sponsorship.
• Naturalisation and US citizenship applications.

 

Section B: Our Services Include

 

• Assessing eligibility and advising on the most suitable visa or immigration route.
• Preparing and submitting visa petitions and applications.
• Supporting businesses with US immigration compliance.
• Advising on timelines, evidential requirements, and risks to reduce the likelihood of refusal or delay.
• Providing ongoing immigration support for families and employees relocating to or working in the US.

 

Section C: Why Choose DavidsonMorris?

 

• Expertise: We combine in-depth legal knowledge with practical insight into US immigration processes.
• Tailored Approach: Every case is assessed individually, with solutions aligned to business and personal needs.
• Strategic Support: We work with employers and individuals to achieve long-term immigration goals, not just one-off applications.

 

Conclusion

 

Section Summary

DavidsonMorris advises on the full range of US visa and immigration categories, providing tailored support for individuals, families, and businesses. Our services cover every stage of the process, from assessing eligibility to managing complex petitions, with a focus on compliance and long-term outcomes.

 

 

FAQs

 

 

1. What is the difference between ESTA and a US visitor visa?

 

ESTA under the Visa Waiver Program allows eligible nationals to visit the US for up to 90 days without a visa, subject to advance online approval and admission by CBP on arrival. Visitor visas (B-1/B-2) are required if you are not eligible for ESTA, need a longer stay, or plan activities outside the VWP rules.

 

2. Can a visitor visa or ESTA be extended in the US?

 

B-1/B-2 status can sometimes be extended from within the US if you remain eligible and apply on time. ESTA authorisations under the VWP cannot be extended or changed to another status.

 

3. Can I work in the US on a visitor visa or ESTA?

 

No. Employment is prohibited under both B-1/B-2 and ESTA. Working in the US without the proper authorisation risks refusal of entry, removal, and future bans.

 

4. How do family-based and employment-based Green Cards differ?

 

Family routes rely on sponsorship by a US citizen or lawful permanent resident. Employment routes generally require a US employer sponsor (with limited self-petition options such as EB-1A or the EB-2 NIW). Each has distinct eligibility, quotas, and waiting times.

 

5. Is dual citizenship allowed?

 

The US permits dual nationality, but you should check whether your home country allows it or requires renunciation.

 

6. Do I need a job offer for a US work visa?

 

Most work categories (e.g., H-1B, L-1, TN, many O-1 cases) require a US sponsor or petitioner. Investor and trader routes (E-1/E-2) are tied to qualifying trade or investment rather than a standard employment offer.

 

7. What documents are typically needed for a consular interview?

 

Requirements vary by category, but usually include a valid passport, DS-160 confirmation, photo, fee receipt, and category-specific evidence (e.g., I-20 for F-1, job offer/petition approval for work visas, proof of funds and ties for B-1/B-2).

 

 

Conclusion

 

The US immigration framework spans short-term visits, work and study routes, family reunification, humanitarian protection, and long-term settlement through permanent residence and citizenship. Each pathway has distinct eligibility rules, procedures, and evidence standards. Choosing the correct route, preparing robust documentation, and understanding long-term implications are critical to success.

With careful planning—and, where appropriate, professional guidance—applicants can avoid common pitfalls, progress their aims efficiently, and build secure foundations for life, study, or business in the United States.

 

 

Useful Links

 

Resource	Link
US Immigration Overview – NNU Immigration	https://www.nnuimmigration.com/us-immigration/
USCIS – Immigration Forms & Guidance	https://www.uscis.gov
US Department of State – Visas	https://travel.state.gov/content/travel/en/us-visas.html
Visa Waiver Program (ESTA)	https://esta.cbp.dhs.gov/
Diversity Visa (DV) Program	https://travel.state.gov/content/travel/en/us-visas/immigrate/diversity-visa-program-entry.html