U.S. Visa (visa)
Recommended Article: 【Study Abroad Admissions】 Checklist Before Entering the U.S.
1. Overview
2. Domestic
1. Overview
⑴ Visa
① A visa is merely a travel document, while the I-94 serves as the document indicating one’s status.
② There are instances where individuals remain in the U.S. illegally by not leaving the country even after their visa has expired.
⑵ Permanent Residency (Green Card)
① Procedure
○ Method 1: Consulting with a law firm (Example: https://www.wegreened.com)
○ Method 2: There is a procedure to obtain a U.S. green card by obtaining a Ph.D.: There is a cheaper way to get a green card other than through a law firm.
○ To acquire a U.S. green card, it is necessary to hire a lawyer and costs more than 5,000 USD, along with a requirement of residing in the U.S. continuously for over a year.
② Advantages
○ More opportunities for various fellowships.
○ The cost for a professor to fund a green card graduate student is lower.
③ Disadvantages
○ After obtaining the green card, there is a continuous residency requirement to keep it valid, leading many to opt for U.S. citizenship.
○ Continuous residency requirement: Likely, one cannot leave the U.S. for more than 6 months – to be updated.
○ South Korea does not allow dual citizenship for those over 65 years of age or those who were not originally U.S. citizens.
○ Initially applicable only to men, the logic of equity has extended this to women as well.
○ Due to this, there is a motive to either renounce Korean nationality or reissue the green card.
○ If a company requires having a green card, it is likely not a global company.
⑶ Citizenship (citizenship)
① There are standardized requirements for acquiring citizenship, such as a certain period of employment
2. Domestic
○ U.S. citizen
○ AM: amnesty recipient
○ AP: approved petitioner for immigrant visa
○ AS: asylee
○ DC: dual citizenship
○ PR: permanent resident, including specific status of domestic student unknown
○ RF: refugee
3. International
○ A1: diplomatic. foreign government official or employee, family and servants
○ A2: other foreign government official or employee and members of immediate family
○ A3: diplomatic staff
○ B1 : temporary visitor for business
○ B2: visitor, pleasure, prospective student B-2 temporary visitor for pleasure
○ C1: alien in transit
○ C2: alien in transit to UN headquarters
○ C3: foreign government official or staff in transit
○ C4: transit without visa
○ D1: crewman (ship or aircraft crew)
○ E1: treaty trader, spouse and children
○ E2: treaty investor, spouse and children
○ EC: long-term foreign investors in the CNMI (Commonwealth of Northern Mariana Islands)
○ E3: specialty occupation workers, nationals of the Commonwealth of Australia
○ F1: academic students and students in language training programs
○ It is illegal to work on an F1 visa: However, after obtaining an F1 visa, employment (e.g., company, postdoc) is guaranteed for 3 years through OPT
○ Difference between F1 and J1
○ It’s easy to transition from an F1 visa (e.g., U.S. Ph.D.) to H1, but difficult from a J1 visa (e.g., U.S. postdoc) to H1
○ Reason: J1 visa has a 5-year limitation + you must return to your home country for 2 years after the visa expires
○ OPT: Part of the F1 visa.
○ After obtaining an F1 visa, employment (e.g., company, postdoc positions) is guaranteed for three years through OPT.
○ Purpose: A gift-like program designed to facilitate smooth career transitions for students.
○ CPT
○ F2: family of F1 student
○ Being in the U.S. does not guarantee the opportunity to study or work
○ F3: commuter student (valid in Registrant files only)
○ G1: principal representative of foreign government to international organization and family
○ G2 : other representative of foreign government to international organization and family
○ G3: representative of non-recognized foreign government to international organization and family
○ G4: international organization officer and family
○ H1: temporary worker of distinguished merit and ability (employment visa)
○ H1B
○ Overview
○ The main U.S. employment visa that can be received by professionals with at least a bachelor’s degree. It is possible to pursue a PhD on an H-1B visa.
○ The agency responsible for H-1B visas is USCIS.
○ Case 1. For-profit institutions (e.g., company)
○ H1B has a quota and is given by lottery: The competition rate for bachelor’s and master’s degrees is about 1:10, but it’s relatively easy for doctoral talent
○ Case 2. Non-profit institutions (e.g., university)
○ For postdocs or professors, it can be issued anytime regardless of the quota
○ The H1 used by schools is different from the corporate one
○ Research-focused universities issue H1s frequently, but smaller colleges prefer individuals with permanent residency
○ H-1B Cap (Lottery)
○ Annual cap of 65,000
○ U.S. master’s cap of 20,000
○ 10,500 for E-3 Australian nationals + 6,800 for H-1B1 Chile and Singapore Free Trade Agreements
○ Based on the US Government fiscal year: Procedures are conducted from October 1 to September 30 each year
○ Employer registration system applied starting from FY2021
○ Employers register early in the year
○ Selections start in mid-March
○ 90-day filing window assigned
○ Exact dates vary year-to-year
○ Lottery selection does not mean H-1B approval: Selection means that the employer can file a petition on behalf of the candidate
○ There is a possibility to be selected in a second drawing if not initially chosen, though chances are low
○ The H-1B visa year starts on October 1
○ OPT STEM extensions (24 months) – Employer must participate in E-Verify
○ OPT cap gap measures
○ No country cap for H-1B visas; unlike green cards, which have country caps
○ Cap-exempt
○ Case 1. If you have a cap-subject H-1B and have not left the U.S. for more than a year or have not changed employers
○ Case 2. Research-based nonprofit organizations: Not all nonprofit organizations qualify
○ Benefit: Allows freedom to change employers
○ Cap-exempt to cap-subject
○ If you have left the U.S. for more than a year after obtaining an H-1B visa, there is a possibility of this happening.
○ If there is a sudden change in job type, there is a possibility of this happening.
○ If there is a sudden change in workplace, there is a possibility of this happening.
○ Due to work-from-home flexibility, there is a possibility of this happening.
○ Effects of Issuing an H-1B Visa
○ Sponsoring an H1B is very expensive for companies; therefore, they prefer not to sponsor an H1B if the individual qualifies for OPT or J1 status.
○ It is possible to have multiple H-1Bs at the same time if you are doing several jobs.
○ Issued for a maximum period of three years, with the possibility to extend up to a total of six years.
○ Spouses and children can qualify for H-4 status.
○ Time spent in L visa status is counted towards H visa status and vice versa.
○ Conversely, time spent in H-4 visa status is not counted towards H-1B status, and vice versa.
○ H-1B visa holders must submit Form I-140 approval and Form I-765 to begin employment.
○ The H1B is a non-immigrant visa, and while immigration intent should not be indicated, many people transition from an H1B to permanent residency.
○ H-1B Application Process
○ Stage 1: PW (Prevailing Wage)
○ The Department of Labor sets a minimum wage to issue H1Bs only to highly skilled workers.
○ Stage 2: LCA (Labor Condition Application)
○ It is crucial to remember that the job description must be written like a professional job, as per the intent of the H-1B.
○ Stage 3: I-129: Petition and fee
○ Stage 4: VISA: Visa processing (only necessary for travel)
○ Additional Information:
○ If your H1B is approved in April, your OPT ends in July, and your H1B starts in October, no additional procedures are necessary.
○ When transitioning from a J1 to an H1B, keep in mind that if your J1 expires and your H1B is pending, re-entry into the U.S. may be difficult.
○ Difference between H1 and J1 (ref)
○ Difference 1. The reason universities often use J1 instead of H1 for postdocs
○ Reason 1. J1 process is faster
○ Reason 2. The salary that needs to be paid to J1 postdocs is less: J1 has a lower minimum salary than H1
○ Reason 3. For J1, there is less support for health insurance or moving expenses
○ Difference 2. The possibility of applying for permanent residency: Although J1 or H1 visa holders can technically apply for permanent residency, because they are non-immigrant visas, failure to obtain residency can complicate future visa issuance
○ For J1 → H1B or J1 → permanent residency, a J1 waiver is needed
○ There is a certain period after receiving J1 before you can apply for a waiver
○ If denied H1B issuance or permanent residency after a J1 waiver, there’s a possibility of becoming an illegal immigrant
○ Difference 3. J1 does not pay income tax on wages
○ Difference 4. After the expiration of J1, there’s an obligation to return to one’s home country for about 2 years before going abroad again
○ Difference 5. J1 visa has a 5-year limitation, which makes it difficult to switch from J1 to H1
○ H2: temporary worker performing agricultural or other services unavailable in U.S.
○ H3: alien trainee
○ H4: dependent spouse or child of H1, H2, or H3
○ HP: humanitarian parole temporary parole into the U.S.
○ I: representative of foreign information media or family
○ J1: exchange visitor international student (exchange visa)
○ Issued by the U.S. Department of State
○ Target: Foreign doctoral graduates going to the U.S. for postdoc, researchers, etc. Not a tourist visa
○ Difference between J1 and F1
○ It’s easy to switch from an F1 visa (e.g., U.S. PhD) to H1, but difficult from a J1 visa (e.g., U.S. postdoc) to H1
○ Reason: J1 visa has a 5-year limitation + after visa expires, must return to home country for 2 years
○ Difference between J1 and H1 (ref)
○ Difference 1. The reason universities often use J1 instead of H1 for postdocs
○ Reason 1. J1 process is faster
○ Reason 2. The salary that needs to be paid to J1 postdocs is less: J1 has a lower minimum salary than H1
○ Reason 3. For J1, there is less support for health insurance or moving expenses
○ Difference 2. The possibility of applying for permanent residency: Although J1 or H1 visa holders can technically apply for permanent residency, because they are non-immigrant visas, failure to obtain residency can complicate future visa issuance
○ For J1 → H1B or J1 → permanent residency, a J1 waiver is needed
○ There is a certain period after receiving J1 before you can apply for a waiver
○ If denied H1B issuance or permanent residency after a J1 waiver, there’s a possibility of becoming an illegal immigrant
○ Difference 3. J1 does not pay income tax on wages
○ Difference 4. After the expiration of J1, there’s an obligation to return to one’s home country for about 2 years before going abroad again
○ Difference 5. J1 visa has a 5-year limitation, which makes it difficult to switch from J1 to H1
○ J2: spouse and children of exchange visitor-student
○ The residency period is the same as the beneficiary’s J-1 visa period, and extension of stay is not possible
○ If there is a spouse, they are guaranteed the opportunity to legally study or work in the U.S.
○ K1: fiancé or fiancée of U.S. citizen
○ K2: child of fiancé or fiancée of U.S. citizen
○ K3: spouse of U.S. citizen who is the beneficiary of I-130 petition filed in the U.S. (LIFE Act)
○ K4: child of alien entitled to K3 classification (LIFE Act)
○ L1: intra-company transferee (executive, managerial and specialized personnel)
○ L2 : spouse and children of intra-company transferee
○ M1: student of vocational or nonacademic institution, not in language training program
○ NATO 1-7: representatives, staff, family, expert employees & civilians accompanying NATO members
○ N8: parent of special immigrant
○ N9: child of special immigrant
○ OT: other visa type, including specific status of international student unknown
○ O1: alien with extraordinary ability in the sciences, arts, education, business or athletics
○ Visa granted by the U.S. government only to talented individuals in special fields such as science, arts, sports, etc.: Kim Yuna, Yoo Jae-suk, Psy have received it
○ Can apply for a green card in just 6 months
○ If you are a graduate student, you can proceed with the O1 issuance procedure by submitting a Google Scholar profile to NIW(National Interest Waiver) if you have many publications and high citations
○ A friend of mine who graduated from a Stanford PhD program received an O1 visa and used it as a work visa.
○ O2: attendant accompanying and assisting O1
○ O3: spouse or child of O1 or O2
○ P1: individual or team athletes
○ P2: artist or entertainer entering the U.S. to perform under a reciprocal exchange program
○ P3: artist or entertainer entering the U.S. to perform under a program that is culturally unique
○ P4: spouse and child of P1, P2, or P3
○ Q1: international cultural exchange program
○ Q2: Irish Peace Process Cultural and Training Program (Walsh visa)
○ Q3: spouse or child of Q2
○ R1: religious occupations
○ R2: spouse or child of R1
○ S5: aliens supplying critical information relating to organized crime “informant”
○ S6: aliens supplying critical information relating to terrorism “informant”
○ TN: trade visa for Canadians and Mexicans (NAFTA professional)
○ TD: spouse or child accompanying TN
○ T1: victim of severe form of trafficking in persons
○ T2: spouse of a victim of a severe form of trafficking in persons
○ T3: child of victim of a severe form of trafficking in persons
○ T4: parent of a T1 (if T1 victim is under 21 years of age)
○ T5: unmarried sibling under age 18 of T1 under 21 years of age
○ T6: adult or minor child of a derivative beneficiary of a T1
○ U1: victim of certain criminal activity
○ U2: spouse of U1
○ U3: child of U1
○ U4: parent of U1 (if U1 victim is under 21 years of age)
○ U5: unmarried sibling under age of 18 of U1 under 21 years of age
○ V1: spouse of LPR with pending I-130 filed prior to 12/21/2000
○ V2: child of LPR with pending I-130 filed prior to 12/21/2000
○ V3: derivative child of V1 or V2
4. Application Method (Applicant ↔︎ Immigration Authority)
⑴ Method 1. Issue after interview at the embassy: It seems to be issued after interviewing +1 ~ +3 days
① It’s easier to get a visa with a financial guarantee letter in English from the National Institute for International Education than a student visa
⑵ Method 2. Submitting documents for interview exemption for urgent application and issuing on the reservation date
① Interview exemption is not granted in case of an urgent request for a U.S. visa
⑶ Method 3. Traveling visa
① Agency: https://cibtvisas.com/ (Website for Americans)
⑷ Method 4. ESTA: Visa Waiver Program (Short-term visa-free entry program, visa waiver program)
① Overview
○ An online application system developed by the U.S. government
○ After a simple travel authorization application, if approved, you can enter the country
○ Only citizens of certain countries, including South Korea, can enter the U.S. for tourism, business, or transit without applying for a visa
② Application
○ Approval is typically within one day, but it can take up to three days
○ When applying, you must scan and upload your passport
③ Issuance
○ If approved, you will be notified by email and can print the related documents from the ESTA website
○ Expires two years after the date of authorization
Entered: 2022.10.20 02:25
Updated: 2024.02.23 07:20