Foreign citizens have only one opportunity to enter the United States - to obtain a visa. In order to do so, it is necessary to prepare a number of documents and comply with the requirements of the American legislation. It is up to the applicant to choose what kind of visa (immigrant or nonimmigrant) he or she wants to obtain and on what basis.
The easiest way to move to another country is to get a nonimmigrant visa to the United States. It gives you the right to live and work in America for a limited period of time. The specific type of visa to the U.S. depends on the applicant's experience, talents, and financial ability.
The E-1 visa is designed for foreign nationals who want to develop in America an existing business in trade between the applicant country and the United States (including their own). The applicant country must have a trade and navigation treaty with the United States.
The E-2 visa is issued to foreign nationals who are willing to invest at least 100,000 dollars in a newly established or existing business. In this case, the applicant must provide a 5-year business plan proving the company's ability to grow and develop independently.
An L-1 visa can be obtained by an executive, top manager or other qualified employee who moves to the U.S. to work for a branch or affiliated company. However, the applicant must have experience in the position held (at least 1 year in the last 3 years).
The O-1 visa is for foreign nationals with outstanding achievements in a professional field (national or international). It can be Sports and Education, Business and Science, Cinematography, Arts and Television. It is mandatory to provide evidence of their abilities.
| Е-1 | E-2 | L-1 | O-1 | |
| Expiration date | 3 months to 5 years | 3 months to 5 years | 1 or 3 years (for newly established and existing businesses) | Up to 3 years |
| Investment amount | Undefined | From $100,000 | Recommended from $200,000 | Undefined |
| Period of stay | Not limited | Not limited | Specialists - 5 years, managers and supervisors - 7 years | Up to 3 years, renewable |
However, what Russians are most concerned about is the question of which visas to the USA entitle them to a green card and permanent residence in the country. In this case, the applicant can also apply for citizenship (including for members of his family).
The EB-1A visa is available to those foreign nationals who can prove their achievements in one of the following categories: Arts and Sciences, Business and Education, and Sports. Moreover, the applicant must continue to work in the chosen field while in the United States.
The EB-1B visa is issued to foreign nationals who are in the status of a researcher, professor, or scholar. In this case, the applicant must have proof of his professionalism and an invitation from a U.S. employer. The latter is the one who submits the visa petition.
The EB-1C visa is designed for foreign nationals who hold an executive position in their home country (we are talking about directors, top managers, managing directors). When filing the petition, the applicant undertakes to continue working in a branch or affiliated company in the U.S. (operating for at least 1 year), and his/her work experience is at least 1 year in the last 3 years.
EB-2 visa can be obtained by foreign nationals who have professional and highly specialized skills in Science, Arts and Business and can document their achievements. Either have a degree above a Bachelor's degree (or a Bachelor's degree and 5 years of work experience), a Labor Certificate, and a job invitation from a U.S. employer.
The EB-2 NIW visa is not much different from the EB-2 and is also issued to aliens with professional education or outstanding ability. However, in this case, neither a Labor Certificate nor a work invitation is required.
The EB-5 visa is suitable for foreign nationals who are willing to invest a large amount of money in the United States. Thus, the minimum investment amount is from 800,000 dollars. At the same time, the applicant must contribute to the creation of 10 jobs and confirm the legality of receiving the money.
| EB-1A | EB-1B | EB-1C | EB-2 | EB-2 NIW | EB-5 | |
| Investments | Not required | Not required | Not required | Not required | Not required | From $800,000 |
| Invitation | Not required | From an employer | Transfer to a US company | From an employer | Not required | Not required |
| Work experience | Outstanding achievements | Outstanding achievements | From 1 year in the last 3 years | Not required | Depends on several factors | Not required |
This article is intended for informational purposes only and does not constitute legal advice. It should not be relied upon as a substitute for advice from qualified legal counsel familiar with your specific circumstances. No attorney-client relationship is created by the provision of this information.