American visas: what they are, their importance and how to get them

Understanding American visas is fundamental to knowing which category you fall into and what your real options are for immigrating to the United States.

That’s why today D4U Immigration brings you a complete text on the main types of American visas and how to obtain them with the help of specialized advice.

Read on to find out all about it!

Get to know D4U Immigration’s visa consultancy!

Resumo do conteúdo

What are American visas?

American visas are authorizations granted by the United States government that allow individuals from other countries to enter and stay in the country for certain periods of time and for specific purposes.

Each visa category is associated with a particular purpose, such as:

tourism;
study;
work;
family reunion;
investment;
or exceptional professional skills.

They function as a kind of legal permission to enter the United States and are issued after applicants meet certain criteria and follow an application process that usually involves submitting documents, consular interviews and paying fees.

Also check out how planning to immigrate to the USA

Main categories of American visa

There are several categories of American visa, each designed to suit different purposes and situations.

Below, we highlight some of the main categories and their characteristics:

Family Based Visa

This category is aimed at family members of US citizens and legal permanent residents who wish to obtain a Green Card (permanent residence) on the basis of specific family relationships. There are several subcategories, including:

First preference: Unmarried sons and daughters (aged 21 or over) of American citizens;
Second preference: Spouses and unmarried children under the age of 21 of legal permanent residents;
Second preference: Unmarried children over the age of 21 of legal permanent residents;
Third preference: Married sons and daughters of American citizens;
Fourth preference: Brothers and sisters of American citizens (if the citizen is 21 or older).

EB-1 Visa (Extraordinary Abilities)

This visa is aimed at individuals with extraordinary abilities in fields such as science, art, education, sports, business and others.

To be eligible, the candidate must meet at least three of the following eligibility criteria:

receiving awards or national/international recognition for achievements;
participation in associations that require exceptional achievements;
important publications in recognized media;
service as a judge in renowned competitions;
significant contributions to their field;
experience as a speaker or authority at important events;
proven success in fields such as business, the arts or sports.

EB-2 Visa (Exceptional Abilities)

This visa is intended for professionals with exceptional skills in their field, including science, the arts, education, business or sports.

Applicants must meet at least three of the following criteria:

diploma, award or official recognition in your field;
documentation of at least 10 years’ full-time experience;
professional license or certification;
evidence of significantly above-average remuneration;
membership of professional associations.
recognition for outstanding achievements;

Learn more about diploma validation in the USA.

EB2-NIW visa

Finally, the EB2-NIW visa (National Interest Waiver) visa is a special category of American visa that allows foreign individuals to obtain a green card (permanent residence) in the United States on the basis of their professional achievements and contributions to the country’s national interest.

However, unlike other visa categories, the EB2-NIW does not require a job offer or employer sponsorship in the US.

Instead, applicants are able to apply for a green card based on their own merits and abilities.

To be eligible for EB2-NIW, candidates must demonstrate that their professional activities have a significant impact on the national interest of the United States.

This usually involves areas such as science, research, medicine, technology, business, education and other disciplines that have a positive impact on American society. (In fact, check out what it takes to work in the USA as an IT professional).

Although there is no strict list of criteria, applicants need to prove that they meet at least three of the following criteria:

academic background or significant professional experience in your field;
contributions that have the potential to benefit American society;
performance is recognized and highlighted by their peers or other authorities;
history of significant achievements;
specialized skills or knowledge;
pioneering and innovative activities;
activities with a significant impact on the economy, health, culture, education or other aspect of the US national interest.

EB2-NIW candidates need to provide a range of evidence to prove their achievements and impact on the US national interest, including publications, awards, expert testimonials and other forms of recognition in their field.

With the advice of experienced immigration professionals, such as those at D4U Immigration, going through all the stages of the process is easier and all the support helps to maximize your chances of success.

Are you interested in learning more about this category? Then check out this video on our YouTube channel:

EB-3 Visa (Skilled Workers, Professionals and Other Workers)

This category covers different levels of professional qualifications and skills. It is aimed at skilled workers, professionals and other workers who have a job offer in the USA.

The specific requirements vary depending on the subcategory, but generally involve educational qualifications and relevant work experience.

It is therefore advisable to rely on the guidance of experienced immigration professionals, such as D4U Immigration, to ensure an accurate and complete application.

Investor Visa (EB-5)

The EB-5 Investor Visa is a U.S. visa category designed to attract foreign investors who wish to contribute to the U.S. economy through substantial investments in commercial projects.

This program offers investors the opportunity to obtain a Green Card (permanent residence) for themselves, their spouses and unmarried children under the age of 21.

The EB-5 program requires investors to make a substantial financial investment in a new commercial venture in the United States. In this context, there are two options:

direct investment: Investment in a new commercial enterprise that creates or preserves at least 10 full-time jobs for skilled workers in the US;
investment in the Regional Center: investment in a project approved by a regional center designated by the government. These projects are pre-approved and often involve multiple investors, and the jobs can be direct or indirect.

The minimum investment amount varies depending on where the project is located. In target employment areas (TEA), where unemployment is high, the minimum investment is $800,000. In other areas, the minimum investment is $1.050 million.

It is also worth noting that the EB-5 investment must result in the creation or preservation of at least 10 full-time jobs for qualified workers in the US within two years of the visa being granted and that investors need to prove the lawful origin of the funds invested and follow the procedures required by the USCIS (US Citizenship and Immigration Service).

Given all these procedures, an immigration consultancysuch as D4U Immigration, can be invaluable in ensuring that investors follow all the requirements and increase their chances of success in the EB-5 program.

Fiancé and Spouse Visas (K1 and K3)

Fiancé and spouse visas (K1 and K3) are American visa categories designed to allow foreign fiancés and spouses of American citizens to enter and remain in the United States to establish a life together.

These visas facilitate family reunification and allow couples to unite on American soil. Let’s explore each of these categories in more detail:

K1 Fiancé Visa

The K1 visa is intended for foreign fiancés of American citizens who plan to get married in the United States.

It allows the fiancé(e) to enter the USA for a limited period of time to carry out the wedding. The main points to consider are:

the wedding must take place within 90 days of entering the USA;
marriage should be based on genuine intentions and not just to obtain immigration benefits;
after the wedding, the fiancé or fiancée can apply to change to permanent resident status (Green Card).

K3 Visa (Spouse Visa)

The K3 visa is an option for foreign spouses of American citizens while they are waiting for an immigrant visa to be processed, i.e. it allows couples to stay together in the United States during the process. Its main features are:

while the K3 visa is not strictly necessary, it can speed up family reunification;
After entering the USA, the spouse can apply for adjustment of status to permanent resident.

How D4U Immigration can help you obtain US visas

D4U Immigration is your ideal partner on the journey to obtaining an American visa.

With a team of specialized lawyers, we are prepared to deal with all stages of the process, from selecting the most suitable visa for your needs to preparing all the necessary documentation. As well as instructing you on rules for transporting pets to the USA.

Our client-centered approach aims to understand your goals, professional or family profile and, based on this, recommend the best visa that fits your situation.

Whether you are an outstanding professional with extraordinary skills, an investor seeking an EB-5 visa, a fiancé of a US citizen seeking a K-1 visa, or any other visa category, D4U Immigration is ready to help you.

Realize the American Dream with D4U Immigration!