How to Immigrate to the USA: A Guide

Thousands of people immigrate to the U.S. every year. Some only come for a short stay, where some intend to stay longer. If you’re wondering how to immigrate to the USA, whether for work or to reunite with your family, take a look below. You have a few different options available. 

The various options will depend on whether you want to stay permanently or only for a fixed period. The purpose of your visit will also play a big role. We’ll unpack some of your options, and the different visas you can consider, below. 

Difference Between a Visa and a Green Card

The main difference between a visa and a green card is how long you intend to stay in the U.S. 

With a nonimmigrant visa, your stay isn’t permanent. One of the things you need to prove to the border agent before you are allowed to enter on a nonimmigrant visa is you’re not planning to abandon your home country. Nonimmigrant visas also generally have the option to renew. Some can only be renewed for a limited time, and some can be renewed indefinitely. 

A green card, on the other hand, means permanent residency. Unlike a nonimmigrant visa, a green card provides you the right to stay in the U.S. indefinitely and also opens up the path towards citizenship. Getting a green card is much harder than a visa, and there are only a limited number of green cards available each year. The number of green cards available is also capped based on your country of origin (meaning which country you come from). So the waiting time for some countries is much longer than for others. You can read more about the waiting times that apply in the monthly Visa Bulletin the Department of State publishes here. 

Immigration Options

As we mentioned, there is a whole variety of immigration options available. You won’t qualify for all of them, and some have very stringent and narrow requirements, but the chances are you can qualify for at least one. 

Most visas require someone else (like an employer or your family member in the U.S.) to petition on your behalf. These include the O-1 visa and the J-1 visa. A select few visas (such as the EB-1A visa) allow you to petition for yourself. 

Let’s take a look at some of the visa options available. 

Temporary Visa Options

There is a whole host of visas available if you only want to come to the U.S. temporarily. This could be to study or to work on a specific project, for example. 

Some of these visas include: 

• B-1 visa – The B-1 visa is a business visitor visa that allows you to enter the U.S. to engage with business activities. This could be anything from attending conferences or board meetings to incorporating a new business or engaging with your customers.
• F-1 visa – This visa is a good option for students who want to attend a university or college in the U.S. to obtain a bachelor’s, master’s, or Ph.D. degree. Even though the F-1 visa is only a study visa, it still allows you to work through Optional Practical Training (OPT). You can use the F-1 visa even if you have to study on an international student loan. If you’re done studying, but you would still like to stay in the U.S., your next step would be to consider an H-1B visa.  

Options for Entrepreneurs

If you are an entrepreneur planning to establish your business in the U.S., you have a few extra options you can choose from.

Some of your options are:

• L-1A – you can use the L-1A visa if your business is a startup, and you need to transfer the founder or an executive from your current office to your new office in the U.S.
• EB-1C – if you are an executive of a multinational company, you can come to the U.S. on the EB-1C visa to open an office for your company here. 
• H-1B – You can combine the H-1B visa with an Entrepreneur-in-Residence program offered by various universities in the U.S. Through this program, entrepreneurs have the opportunity to mentor business students and work on the H-1B visa while they build their business here. 
• TN – The TN visa is a Treaty National visa you can use if you are a Canadian or Mexican entrepreneur working in one of the qualified professions.
• E2 – E2 visas are reserved for entrepreneurs who are based in a country that has a trade treaty with the U.S. If you started your business in your home country and there is a trade treaty in place, the E2 visa could work for you. 

Options for Family 

If you are a family member of a U.S.citizen or permanent resident, they could sponsor your visa to the U.S. The specific family members that can be sponsored depends on whether the sponsor is a citizen or permanent resident. 

U.S. citizens can sponsor:

• Their spouse 
• Married or unmarried children (on the H4 visa)
• Siblings (but then the sponsor must be at least 21 years old)
• Parents (again, only if the sponsor is at least 21 years old).

Green card holders can sponsor: 

• Their spouse
• Unmarried children.

If you are planning to marry a U.S. citizen, you can also consider a K-1 visa. You will be allowed to enter the U.S. for 90 days on a K-1 visa, in which time you will have to get married. After you’re married, you become eligible for a marriage-based green card.

Premium Processing Options

We know in many cases you don’t have the time to wait months (or even years) before you get your visa. The good news is for some visas, premium processing is available. With premium processing, your wait time is reduced to about 2 weeks (15 calendar days). This time is guaranteed by the USCIS.

Unfortunately, only certain employment or work-related visas qualify for premium processing. This quick turnaround also comes at a price. You’ll have to pay an additional $1410 premium processing fee if you want your visa faster. 

If your visa doesn’t qualify for premium processing, but you still can’t afford to wait too long, you can consider submitting an expedite request. This will only be granted on a case by case basis and only for the following reasons: 

• A real emergency
• National interest
• Severe financial loss to the visa candidate or their employer
• A national defense matter.

If you really have no other option, you can always file a Writ of Mandamus. This will force the USCIS to make a decision on your case. It’s not a simple process, however. The process is essentially filing a lawsuit where the court orders the USCIS to fulfill its mandated duties by making a decision on your immigration case. A writ of Mandamus is only ever used as a last resort in desperate situations.

Conclusion

You don’t have to wonder how to immigrate to the USA anymore. If you are visiting for business, you can consider the L1 or B1 visa. If you want to be reunited with your family or your future spouse, perhaps the K1 or a dependent visa is your better option. Whatever the case may be, make sure you start your application process early. Different waiting times apply for each category of visa, and you would want to make sure you get in line as soon as possible. Now you know how to immigrate to the USA! 

Frank Gogol

I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.

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