Did you know that you can live and work in the USA without a green card? To do this you must then have a valid US visa or ESTA. Whether you should go to the United States with the ESTA electronic travel authorization or a US visa is largely dependent on the purpose of your trip and your unique needs. A Green Card permits you to freely enter and leave the nation and grants you (nearly) limitless rights in the United States, whereas a visa only allows you to enter for a defined purpose (e.g., to study on a student visa). The most common types of visas are work, study, and tourist. There are over 50 different visa categories, each with its own purpose. Depending on the type of visa, there are different requirements, conditions, and deadlines that must be met. If you want to live in the United States permanently or for an extended period of time, you will need to obtain a Green Card. If you only wish to visit the United States for a short time, you may be able to enter with an Electronic System for Travel Authorization (ESTA). An ESTA is valid for two years or until your passport expires, whichever comes first. You can use it to travel to the United States as many times as you want during that period. If your circumstances or plans change, you will need to apply for a new ESTA or visa. ESTA applications must be made online and are usually processed within 72 hours. You will need to provide information about your travel plans, personal background, and contact details. A valid passport is required for the application. If you are approved for an ESTA, you will be able to travel to the United States for business or pleasure. You can stay for up to 90 days at a time and there is no limit on the number of times you can enter the country. To work in the United States, you will need to obtain a work visa. There are a number of different types of work visas, each with its own requirements. The most common type of work visa is the H-1B visa. The H-1B visa is for temporary workers in specialty occupations. The most common type of visa for people who want to live in the United States permanently is the Green Card. To be eligible for a Green Card, you must have a close relative who is a U.S. citizen or Green Card holder, or you must have an employment offer from a U.S. employer. You can also apply for a Green Card through the Diversity Visa Lottery program. The program makes 50,000 visas available each year to people from countries with low rates of immigration to the United States. If you are approved for a Green Card, you will be able to live and work in the United States indefinitely. You will also have access to government benefits, such as healthcare and education. There are a number of ways to obtain a visa or Green Card to live and work in the United States. The best way to do this is to consult with an immigration attorney or other qualified professional to discuss your specific situation and needs. Applying for a visa or Green Card can be a complex and time-consuming process. But with the help of a qualified professional, you can make it a smooth and easy experience. If you have any questions regarding any of the information in this guide, or if you’re interested in hiring Direct U.S. Immigration to handle your immigration case, feel free to email us directly at inquiry@directusimmigration.com
Under section 214(e) of the Act, a citizen of Canada or Mexico who seeks temporary entry as a business person to engage in business activities at a professional level may be admitted to the United States in accordance with the North American Free Trade Agreement (NAFTA). Business activities at a professional level means those undertakings which require the individual to have a least a baccalaureate degree or appropriate credentials demonstrating status as a professional in a profession set forth in Appendix 1603.D.1 of the NAFTA, and detailed below. Business person, as defined in the NAFTA, means a citizen of Canada or Mexico who is engaged in the trade of goods, the provision of services, or the conduct of investment activities. Engage in business activities at a professional level means the performance of prearranged business activities for a United States entity, including an individual. It does not authorize the establishment of a business or practice in the United States in which the professional will be, in substance, self-employed. A professional will be deemed to be self-employed if he or she will be rendering services to a corporation or entity of which the professional is the sole or controlling shareholder or owner. Below is the list of acceptable professions for the TN Visa: ✔️ Accountant–Baccalaureate or Licenciatura Degree; or C.P.A., CA., C.G.A., or C.M.A. ✔️ Architect–Baccalaureate or Licenciatura Degree; or state/provincial license. (2)(note 2) The terms “state/provincial license” and “state/provincial/federal license” mean any document issued by a state, provincial, or federal government, as the case may be, or under its authority, but not by a local government, that permits a person to engage in a regulated activity or profession. ✔️ Computer Systems Analyst–Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma (3) or Post Secondary Certificate (4) and three years’ experience.(note 3) “Post Secondary Diploma” means a credential issued, on completion of two or more years of post secondary education, by an accredited academic institution in Canada or the United States.(note 4) “Post Secondary Certificate” means a certificate issued, on completion of two or more years of post secondary education at an academic institution, by the federal government of Mexico or a state government in Mexico, an academic institution recognized by the federal government or a state government, or an academic institution created by federal or state law. ✔️ Disaster relief insurance claims adjuster (claims adjuster employed by an insurance company located in the territory of a Party, or an independent claims adjuster)–Baccalaureate or Licenciatura Degree and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims; or three years experience in claims adjustment and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims. ✔️ Economist –Baccalaureate or Licenciatura Degree. ✔️ Engineer –Baccalaureate or Licenciatura Degree; or state/provincial license. ✔️Forester –Baccalaureate or Licenciatura Degree: or state/provincial license. ✔️ Graphic Designer–Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate and three years experience. ✔️ Hotel Manager–Baccalaureate or Licenciatura Degree in hotel/restaurant management; or Post-Secondary Diploma or Post Secondary Certificate in hotel/restaurant management and three years experience in hotel/restaurant management. ✔️ Industrial Designer–Baccalaureate or Licenciatura Degree: or Post-Secondary Diploma or Post Secondary Certificate, and three years experience. ✔️ Interior Designer–Baccalaureate or Licenciatura Degree or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience. ✔️ Land Surveyor–Baccalaureate or Licenciatura Degree or state/provincial/federal license. ✔️ Landscape Architect–Baccalaureate or Licenciatura Degree. ✔️ Lawyer (including Notary in the province of Quebec)–L.L.B., J.D., L.L.L., B-C.L., or Licenciatura degree (five years); or membership in a state/provincial bar. ✔️Librarian–M.L.S., or B.L.S. (for which another Baccalaureate or Licenciatura Degree was a prerequisite). ✔️Mathematician (including Statistician)–Baccalaureate or Licenciatura Degree. (5)(note 5) The term “Mathematician” includes the profession of Actuary. An Actuary must satisfy the necessary requirements to be recognized as an actuary by a professional actuarial association or society. A professional actuarial association or society means a professional actuarial association or society operating in the territory of at least one of the Parties. ✔️ Range Manager/Range Conservationist–Baccalaureate or Licenciatura Degree. ✔️ Research Assistant (working in a post-secondary educational institution)–Baccalaureate or Licenciatura Degree.Scientific Technician/Technologist (6) Possession of (a) theoretical knowledge of any of the following disciplines: agricultural sciences, astronomy, biology. chemistry, engineering. forestry, geology. geophysics, meteorology, or physics; and (b) the ability to solve practical problems in any of those disciplines, or the ability to apply principles of any of those disciplines to basic or applied research.(note 6) A business person in this category must be seeking temporary entry for work in direct support of professionals in agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology or physics. ✔️ Social Worker–Baccalaureate or Licenciatura Degree. ✔️ Syiviculturist (including Forestry Specialist)–Baccalaureate or Licenciatura Degree. ✔️ Technical Publications Writer–Baccalaureate or Licenciatura Degree, or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience. ✔️ Urban Planner {including Geographer)–Baccalaureate or Licenciatura Degree. ✔️ Vocational Counselor–Baccalaureate or Licenciatura Degree. Medical/Allied Professionals Medical/Allied Professionals ✔️ Dentist–D.D.S., D.M.D., Doctor en Odontologia or Doctor en Cirugia Dental or state/provincial license. ✔️ Dietitian–Baccalaureate or Licenciatura Degree; or state/provincial license. ✔️ Medical Laboratory Technologist (Canada)/Medical Technologist (Mexico and the United States) (7) –Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience.(note 7) A business person in this category must be seeking temporary entry to perform in a laboratory chemical, biological, hematological, immunologic, microscopic or bacteriological tests and analyses for diagnosis, treatment, or prevention of diseases. ✔️Nutritionist–Baccalaureate or Licenciatura Degree, ✔️ Occupational Therapist–Baccalaureate or Licenciatura Degree; or state/provincial license. ✔️ Pharmacist–Baccalaureate or Licenciatura Degree; or state/provincial license. ✔️ Physician (teaching or research only)–M.D, Doctor en Medicina; or state/provincial license. ✔️ Physiotherapist/Physical Therapist–Baccalaureate or Licenciatura Degree: or state/provincial license. ✔️ Psychologist—state/provincial license; or Licenciatura Degree. ✔️ Recreational Therapist-Baccalaureate or Licenciatura Degree. ✔️ Registered nurse–state/provincial license or Licenciatura Degree. ✔️ Veterinarian–D.V.M., D.M.V., or Doctor en Veterinaria; or state/provincial license. Scientist ✔️ Agriculturist (including Agronomist)–Baccalaureate or Licenciatura Degree. ✔️ Animal Breeder-—Baccalaureate or Licenciatura Degree. ✔️ Animal Scientist–Baccalaureate or Licenciatura Degree. ✔️ Apiculturist-Baccalaureate or Licenciatura Degree. ✔️ Astronomer–Baccalaureate or Licenciatura Degree. ✔️
As you know, the ‘American Dream’ has always fascinated and attracted individuals worldwide. Many people dream of working in the United States of America. But, dreams aside, you must qualify to come to the U.S. and then have the opportunity to come. This may sound like a difficult and daunting process, so today, we’re here to discuss how this visa allows managers, executives, and “specialized knowledge” employees who work outside the U.S., to move and perform services inside the U.S. for a company that has an affiliation with their current company. More specifically, we will talk about the L-1 visa, which is also known as the Intracompany Transferee Visa. The L-1 visa is a popular way to work in the U.S. However, just like every other visa classification, not everyone who applies gets approved. With the denial rates rising each year, it pays to be informed. What is an L-1 Visa? An L-1 visa is the most commonly used visa by companies who wish to either transfer employees and insert new knowledge into their overseas entity; or for foreign companies who wish to open up a new company in the U.S. The employee that is transferred must work for the U.S. company as a manager, executive, or person with specialized knowledge. If the employee works as a manager or an executive, the subcategory classification is an L-1A visa. If the employee works as a person with specialized knowledge, the subcategory classification is an L-1B visa. Now please note that the L-1 visa is not eligible for self-petition. The U.S. or foreign company must file the petition on the employees’ behalf. L-1 Visa Type and Procedures: ⦁ L-1A visa is reserved for managers and executives. ⦁ The maximum visa validity is for a period of 7 years. After the visa expires, the individual must exit the U.S., and can re-qualify for the L-1 visa after working overseas for a minimum period of one continuous year for the subsidiary, parent, branch, or affiliate of the company in U.S. ⦁ L-1B visa is reserved for workers who have specialized knowledge. ⦁ The maximum visa validity is for a period of 5 years. After the visa expires, the individual must exit the U.S., and can re-qualify for the L-1 visa after working overseas for a minimum period of one continuous year for the subsidiary, parent, branch, or affiliate of the company in U.S. ⦁ The only caveat to exiting the U.S. is if the employee changes his or her status to a different visa that allows the employee to stay long, which we will discuss in another video. Two Available Procedures for Applying for the L-1 visa: ⦁ The regular procedure requires the sponsoring company to file the L-1 visa application for which USCIS will review the credentials of the company and the individual to ensure both qualify for the visa. ⦁ Another way is to obtain a Blanket L-1 Visa Approval. The Blanket L petition allows large multinational companies to receive approval to transfer employees quickly and on short notice. However, we do still need to provide the necessary documents that show that the specific foreign worker is eligible for the position. In a way, it is a preapproval where USCIS would have already decided the company’s eligibility; hence the applicant will only have to provide a copy of the blanket petition that has been approved along with necessary documents. Requirements for L-1 Visa There are a number of basic requirements for an L-1 Visa. The basic requirements include: ⦁ The U.S. company (branch, subsidiary, affiliate, etc.) petitioning for the visa, must have a qualifying relationship with the parent company. ⦁ For the entire period of the visa holder’s stay in the States, the company that petitioned for this visa must be engaged in business as an employer in the States and a minimum of one other country. L-1A Requirements for Employee: ⦁ The employee should have worked overseas for a company for a minimum period of one continuous year within 3 years before his/her admission to the States. ⦁ The employee must have been in a managerial or executive position to qualify. ⦁ The employee must be going to the States to provide his/her services in a managerial or executive capacity for the qualifying organization such as a branch of the employer. ⦁ The holder of this visa must have intentions to depart the country after completion of the stay. L-1B Requirements for Employee: ⦁The employee must have worked overseas for a company for a minimum period of one continuous year within 3 years before his/her admission to the States. ⦁ The employee will have to work with the company to provide specialized services to the qualifying organization and therefore hold specialized knowledge. ⦁ Visa holders must intend to leave the country after completion of work. How to Apply for an L-1 Visa Here’s a simplified breakdown of the process of getting an L-1 Visa: Step 1 – Hire an Immigration Lawyer ⦁ The L-1 visa is an extremely complex visa category that requires experience, careful preparation, and strategy. ⦁ An immigration lawyer will walk you through the process step-by-step, conduct an in-depth consultation with you, and provide you with a detailed list of the documents they need to prepare your L-1 petition. Step 2 – Document Gathering ⦁ At this stage, you and the company will gather all the necessary documentation identified by your immigration lawyer, including a detailed description of your proposed job for the U.S. company, evidence of your employment with the foreign
https://www.youtube.com/watch?v=EFqzrR-AXzQ With fierce competition for jobs in the United States, and demand for visas to enter the U.S. grows daily, the H-1B visa requirements can be difficult to meet because you must first be offered employment by a U.S. employer who is willing to sponsor you. Furthermore, there is a limit on the number of these visas granted each year for certain first time prospective H-1B holders. Ensuring you have all the information upfront will avoid costly mistakes. The H-1B visa is a special visa that allows foreign nationals to enter the United States to perform “specialty occupations.” A specialty occupation requires, at minimum, a bachelor’s degree or enough work experience that equates to a U.S. bachelor’s degree. This work can be in many fields, to include: ⦁ Architecture, engineering, mathematics, sciences, medicine, health, education, business, law, accounting, theology, the arts, and more. Because there is a lot of demand for this visa, there is a cap on the number of visas that can be issued each year. Currently, the cap is at 65,000 visas per fiscal year. If you have a master’s degree from a U.S. institution, then you’re in luck: an extra 20,000 visas are available for those with a master’s degree or higher. Suppose the employer who is sponsoring you is an institution of higher education, a nonprofit organization connected to an institute of higher education, or a government research organization. In that case, the visa cap does not apply. What are the benefits of the H1B visa? There are many benefits to having an H-1B visa. Here are just a few: 1. You can legally work in the United States. This allows highly qualified individuals to work and live in the US. This benefits both the beneficiaries and the U.S. economy. 2. You can simultaneously pursue permanent resident status or a path to the green card. The H-1B visa is a dual intent nonimmigrant visa. This means that you are not required to have the intent to exit the U.S. when holding this visa. 3. Your dependents can come to the U.S. with you. Your spouse and dependent children (unmarried and under the age of 21) are eligible for H-4 status. This means that they can come to the United States with you. Those with H-4 status may attend school, and the H-4 visa spouse can work so long as the H-1B holder has an approved I-140. 4. H-1B visas have portability. One big advantage of H-1B visa is the portability benefits. If you are on an H-1B and change employers, you can begin working for a different employer upon filing your new petition. How to Apply for the H-1B Visa?Here are the steps you need to go through to apply for the H-1B visa: ⦁ Make sure you qualify for the H-1B visa.⦁ Find a petitioner by applying for a job opening in the United States.⦁ If this is your first time applying for an H-1B visa for a for profit institution, you will need to be placed in the H-1B lottery to be selected to apply for the visa. ⦁ Have the petition initiated by your employer.⦁ Apply for the H-1B visa at your home country’s nearest U.S. Embassy/Consulate or inside of the U.S. as a change of status application. What are the requirements for the H-1B visa? There are many conditions to meet for an H-1B visa. An immigration lawyer like myself can help determine if you meet these provisions. Direct U.S. Immigration can also help you organize evidence to prove eligibility. Please be aware that those working on an H-1B are subject to random site checks to ensure the individual is working at the right location, under the correct job title, and being paid the required minimum salary that the DOL approves. 1. You must have a job offer from a U.S. company. The employer must extend a bona fide job offer to the beneficiary. This can be through a written contract or, if there is no written contract, through a summary of an oral agreement. 2. There must be a valid employer-employee relationship. This is an important and mandatory condition. For a valid employer-employee relationship, there must be employer control. Control is the ability of the petitioner to determine when, where, and how the beneficiary completes his/her duties. USCIS will deny a petition if the beneficiary is not an employee or does not report to the petitioner. 3. There must not be any labor disputes or strikes at the workplace in the H-1B classification sought for. USCIS will deny the petition if there is a strike or other labor dispute at the prospective beneficiary’s worksite in the H-1B classification sought for the new employee. 4. The job must be considered a specialty occupation position. A specialty occupation requires theoretical or practical knowledge of a field. To learn whether your job qualifies as a specialty occupation, you should reference: – The Department of Labor’s Occupational Outlook Handbook (OOH),– The Department of Labor’s O*NET online system,– and/or the Department of Labor’s Dictionary of Occupational Titles. 5. The job must require a bachelor’s degree or higher (or equivalent). The job must require a U.S. bachelor’s degree (or higher) in a specific field of study related to the occupation or its equivalent. Not all foreign degrees titled “bachelor’s degree” are equivalent to a U.S. institution’s bachelor’s degree. Therefore, USCIS typically requires a credentials evaluation of your foreign degree and transcript. This will help prove that you meet the H-1B bachelor’s requirement. The American Association of Collegiate Registrars and Admissions Officers Electronic Database for Global Education (AACRAO EDGE) is the most popular credentials evaluator. EXCEPTIONS: If you do not have the academic requirements standard for the job, you can still qualify for an H-1B. This can be done through education, training, and work experience. Here, a petitioner must demonstrate that the previous experience is equivalent to the required degree. 6. The sponsoring company must pay all relevant fees. For an H-1B petition, the employer must pay all relevant fees. 7. You must have licensure (if required
As you know, getting a U.S. visa is not always an easy task. However, with the right immigration team, you will be better equipped to obtain the visa. The J-1 visa is reserved for anyone outside of the US who wishes to take part in a study- or work-related exchange program in America. The J-1 visa has 15 categories of eligible roles and/or program types: ⦁ Au Pair ⦁ Camp Counselor ⦁ College and University Student ⦁ Secondary School Student ⦁ Government Visitor ⦁ International Visitor ⦁ Physician ⦁ Professor ⦁ Research Scholar ⦁ Short-Term Scholar Specialist ⦁ Summer Work Travel ⦁ Teacher ⦁ Trainee ⦁ Intern When you apply for a J-1 student visa under the College and University Student Program category, you can study at a college or university in the US and remain in the country for the duration of your course or degree program. The duration of your stay in the US on a J-1 student visa depends on the program you choose to pursue. For example, if your J-1 visa is for a Camp Counselor program, you likely will have a short stay in the US (e.g., four months, over the summer), whereas Au Pair and Research Scholar programs could require J-1 visas that are valid for several years in the US. Many J-1 visa holders are required to return to their home country after graduation and live there for at least two years to satisfy the exchange program. You will only be allowed to return to the US after fulfilling this requirement. In the case of emergency or special circumstances related to returning to your home country, this requirement may be waived, but an application does need to be filed in order to request it. J-1 Visa Requirements ⦁Passport. Your passport must be valid for at least six months after you depart from the country unless specific exemptions depend on where you are from. ⦁ Photograph. You must submit your photograph when you complete the visa application form online. ⦁ Nonimmigrant visa application form. You have to fill in form DS-160 online and bring the confirmation page to the embassy/consulate. ⦁ Visa fee receipt. If you are required to pay the visa fee before your interview, bring your receipt. ⦁ Form DS- 2019. After you are accepted into your exchange program, your sponsor registers you into SEVIS (Student and Exchange Visitor Information System). Afterward, you will receive this DS form, and you may be required to pay a form fee- you have to check with your program sponsor since they might cover the expenses. ⦁ Form DS- 7002. If you’re a participant in the J-1 trainee and intern categories, you will also need this form. ⦁ J1 visa health insurance. You must have health insurance coverage, and it is the sponsor’s responsibility to ensure that you have purchased one. Please keep in mind that other documents may sometimes be required depending on your specific circumstances. J1 Visa Process Getting a J1 visa is a multistep process. The following is the general application process, followed by a more detailed explanation of each step. Please be aware the process can vary depending on your program and sponsor. An immigration lawyer, including myself or another team member, can help you through this. ⦁ Find a J1 Sponsor ⦁ Apply for the Form DS-2019 ⦁ Complete Form DS-160 ⦁ Set up an interview with the embassy/consulate. ⦁ Pay the application fee. ⦁ Prepare your required documents. ⦁ Attend your visa interview. ⦁ Enter the United States. Benefits of the J-1 Visa There are several benefits to getting a J-1 visa. Here are just a few: 1. You can gain experience in the United States. The J1 allows foreign nationals to gain experience. You can work in a wide range of fields. The J1 provides an opportunity for foreign nationals to improve their English. You can also learn about American culture and learn relevant career skills. 2. Your dependent spouse and children are eligible to come to the U.S. Most programs under the J1 visa allow dependents (unmarried children under the age of 21 and your spouse) to come with you in J2 status. People with J2 visas are eligible to work after an Employment Authorization Document. However, please be aware that au pairs, camp counselors, secondary school students, and those conducting summer work travel are generally not eligible to bring dependents with them. Can You Work in the US with a J-1 Visa – as a student? The answer is – Yes, you can! J-1 students are permitted to work while studying as long as they obtain work authorization. Now, there are certain restrictions, such as only working part-time on campus for a maximum of 20 hours per week. However, students are permitted to work full time during academic breaks. J1 Special Programs There are several special programs under the J1 Visa. These are just two examples: 1. Korean Nationals Internship Program: The Bureau of Educational and Cultural Affairs established the WEST program, which is the Work, English, Study, and Travel program. Here, Korean university students and recent graduates can spend 18 months in the United States to study English. 2. Irish Nationals Internship Program: The Department of State established the Intern Work and Travel (IWT) Program for Irish nationals. This program is for 12 months to participate in internships and travel. Two-Year Home Residence Requirement Some J1 participants and their dependents must return to their home country for two years after completing their program. Additionally, those seeking new visa status may be subject to this requirement. You can ask for a waiver of this two-year requirement for specific reasons such as, attesting to a significant negative impact that can be demonstrated, or showing that you would face persecution if you had to satisfy the requirement. Conclusion Overall, The J1 visa allows individuals to visit the United States as exchange visitors and participate in programs such as au pairs, camp counselors, college or university students, government visitors, interns, international visitors,
Roe v. Wade is one of the most controversial Supreme Court decisions in history. On January 22, 1973, the Court ruled that a woman has a constitutional right to abortion. This decision overturned a Texas law that criminalized abortion. Many believe that reversing Roe v. Wade will create more barriers for immigrants seeking legal status in the United States. State and federal laws that ban or restrict abortion could lead to thousands of people being deported or denied immigration benefits. Roe v. Wade guarantees safe and legal abortion across the United States. Still, state and federal laws that criminalize pregnancy outcomes or restrict abortion access jeopardize this right for everyone—including immigrants. When someone applies for a green card or other immigration benefits, they must go through an “admissibility” test. Many people are found inadmissible based on state criminal convictions or arrests, even if the conviction was a misdemeanor, or the crime was non-violent. The intersection between criminal law and immigration law can often lead to uneven results. What constitutes a crime and the resulting penalties vary from state to state. Whereas, thousands of people have been deported or denied benefits because of ancient criminal convictions or minor offenses. If Roe v. Wade is overturned or abortion access is further restricted, women who undergo abortions may be disproportionately affected—and subjected to possible deportation—for their pregnancies. These laws not only impact the health and safety of pregnant people but also have devastating consequences for families and communities. Since the 1973 Supreme Court decision of Roe v. Wade recognizing a woman’s right to terminate a pregnancy, abortion has become a common medical procedure in the United States, with more than half a million women getting abortions yearly. Despite Roe v. Wade, abortion is still highly controversial, and state legislatures have tried to chip away at abortion rights for decades. In 2013 and 2014, states enacted a record number of abortion restrictions. These new restrictions could significantly impact immigrant women, who may be denied immigration benefits or deported if they have an abortion. While Roe v. Wade protects the right to abortion nationwide (on a federal level), immigration law reviews criminal offenses that are governed by state law. This means that if a state criminalizes abortion, immigrants in that state may be subject to different rules than immigrants in other states. For example, if a woman is seeking a green card based on her marriage to a U.S. citizen, she will likely be required to prove that she is of “good moral character.” If she has had an abortion in a state that criminalizes abortion, she may be deemed ineligible for a green card or deported if she is already here on a temporary visa. Another item to look at through an immigration lens when applying for a green card, is the review of whether the immigrant would become a public charge. The public charge concept was first established by Congress in 1882 in order to allow the U.S. government to deny a U.S. visa to anyone who “is likely at any time to become a public charge.” Under the former Trump Administration, the public charge rule was interpreted broadly to reduce the number of individuals eligible for green cards by redefining what made them dependent on government benefits or likely to be dependent on government benefits in the future. Now, there are two versions of the regulation: The Department of Homeland Security public charge rule applied to green card applicants within the U.S. and the Department of State public charge policy applied to those outside of the U.S. Though both versions of the rule are no longer in effect, whereas the DHS rule was halted on March 9, 2021, and the DOS policy was paused indefinitely on July 29, 2020, certain states lead by Arizona have sought to revive the Trump era rule in an effort to vacate the March 9th rule. Therefore, with efforts in trying to vacate the March 9th rule and with the overall review of an immigrant’s ability to support him/herself or to have a sponsor that supports the immigrant, it is important to take a look at the potential ramifications for immigrant women who seek to terminate their pregnancies. Under current law, immigrants are ineligible for green cards if deemed “likely to become a public charge.” If abortion is criminalized, pregnant women who have the procedure could be denied immigration benefits or even deported. This would disproportionately impact low-income women who may be required to continue with the pregnancy, whereas if the fetus is a viable fetus, may be more likely to rely on public benefits. Additionally, many immigrant women already face barriers to reproductive healthcare for reasons such as language barriers and lack of insurance. If abortion is made illegal, it will only exacerbate these problems. Women will be forced to forgo vital healthcare or risk an unlicensed procedure. Either way, their immigration status will be at risk. Criminalizing abortion is not only a violation of women’s rights; it also undermines our country’s commitment to immigrants’ rights. It’s time for our country to have an honest conversation about Roe v. Wade and its impact on immigrants. We must work to create more equitable and humane immigration laws that protect the rights of all people—regardless of their immigration status. If you found this blog post helpful, please share it with your friends! If you want any assistance regarding your immigration status, schedule a consultation with us. Thank you!
https://www.youtube.com/watch?v=ij5BtYa0LzE&t=5s To create better relationships between countries, the U.S., in cooperation with Canada and Mexico, created the North American Free Trade Agreement (also known as NAFTA), which is now known as the USMCA Agreement (United States – Mexico – Canada Agreement). This agreement, besides its economic and trade benefits, also has traveling and working advantages. More specifically, the U.S. created the Treaty National Professionals Visa, or the TN Visa, to allow citizens of Canada and Mexico to live and work in the U.S. temporarily. To qualify for a TN visa, you must work in the USA in one of the professions on the list of TN occupations. You must also satisfy the educational standards and credentials required for the profession you will work in. This classification permits you to work in the USA and extend your status over and over without limitation. On this visa, your spouse and children are eligible for dependent TD status. With TD status, your spouse and children cannot work but they can go to school. There are two types of TN visa based on nationality: ⦁ TN-1 is the visa for citizens of Canada⦁ TN-2 is the visa for citizens of Mexico Requirements for TN visa There are certain requirements to be eligible to get a TN visa. The requirements are general, educational and work experience, and there are specific requirements for health care workers. General Requirement The general requirements for people to qualify for the TN visa are: ⦁ Applicants must be citizens of Canada or Mexico⦁Their occupation must be on the NAFTA list⦁ They must have a bonafide job offer from an employer in the US⦁The applicant must meet all educational and experience requirements⦁The applicant must demonstrate intent to return home after their visa expires What Are the NAFTA Professions? To qualify for a TN visa, your job must be listed on the TN Occupation List. The TN classification does not allow for all types of work. Your job in the United States must fit into one of the professions listed. Here is the TN Occupation List of 60 Professions: ⦁ Architect⦁ Computer Systems Analyst⦁ Economist⦁ Engineer⦁ Forester⦁ Graphic Designer⦁ Hotel Manager⦁ Industrial Designer⦁ Interior Designer⦁ Land Surveyor⦁ Landscape Architect⦁ Lawyer⦁ Librarian⦁ Management Consultant⦁ Mathematician⦁ Range Manager⦁ Research Assistant⦁ Scientific Technician⦁ Social Worker⦁ Technical Publications Writer⦁ Urban Planner⦁ Vocational Counselor⦁ Dentist⦁ Dietitian⦁ Medical Laboratory Technologist⦁ Nutritionist⦁ Occupational Therapist⦁ Pharmacist⦁ Physician⦁ Physiotherapist⦁Psychologist⦁Recreational Therapist⦁Registered Nurse⦁Veterinarian⦁Agriculturist⦁Animal Breeder/Scientist⦁Astronomer⦁Biochemist⦁Biologist⦁Chemist⦁Dairy Scientist⦁Entomologist⦁Epidemiologist⦁Geneticist⦁Geochemist⦁Geologist⦁Geophysicist⦁Horticulturist⦁Meteorologist⦁Pharmacologist⦁Physicist⦁Plant Breeder⦁Poultry Scientist⦁Soil Scientist⦁Zoologist⦁College Professor⦁Seminary Professor⦁University Professor TN Requirements: For Canadian citizens, TN nonimmigrant status can be applied for at a CBP designated U.S. ports, at certain pre-clearance stations, or at an Embassy or Consulate. For Mexican citizens, TN nonimmigrant status can be applied for at an Embassy or Consulate. In order to obtain a TN visa, you must provide the following documentation: ⦁ Proof of Canadian citizenship.⦁ Letter from your prospective employer detailing items such as the professional capacity in which you will work in the United States, the purpose of your employment, your length of stay, and your educational qualifications.⦁ Credentials evaluation (if applicable), together with any applicable fees. TN Visa Processing Time If you apply at a port of entry, your processing time may only take a few hours. However, if you are petitioning by mail, the processing time for your petition will depend on the caseload of the USCIS service center adjudicating the case. Generally, you can expect it to take many months to process the case if you are filig through USCIS. However, you can opt to pay an additional fee for premium processing, which will expedite your TN petition’s processing time to 15 days. How to go from TN Visa to Green Card You may change status from a TN visa holder to a green card holder in certain circumstances. The TN visa is a non-immigrant visa classification so it does not directly lead to a green card. To go from TN visa to green card, there are certain circumstances that must be present in order to be able to apply for an adjustment of status or apply for an immigrant visa abroad. An adjustment of status is when you change from non-immigrant classification to immigrant classification. The entire process can be done within the USA without the need to go abroad. In order to do an adjustment of status, you must be lawfully present in the United States at the time the adjustment of status petition is filed. To adjust status, you must file a Form I-485 with USCIS. Very Important Note: The TN classification requires you to have non-immigrant intent. Getting approved for an immigrant petition can potentially conflict with the requirement to have non-immigrant intent. As you can imagine, request approval for the green card can be seen as clear evidence of immigrant intent. Therefore, it is highly important to work with a qualified immigration lawyer like myself through the entire process of going from a TN visa to green card. This is a lot of information to cover; where much of it is highly specialized and complex. If you have any questions regarding any of the information in this guide, or if you’re interested in hiring Direct U.S. Immigration to handle your immigration case, feel free to email us directly at inquiry@directusimmigration.com or schedule a consultation.
© 2025 Direct U.S. Immigration. All rights reserved.
