U.S. Visa and Green Card
Recommended Article: 【Study Abroad Admissions】 Checklist Before Entering the U.S.
1. Overview
2. Domestic
4. Others
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): It is recommended to obtain permanent residency before Trump takes office.
① Procedure
○ Method 1: Consulting with a law firm
○ 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 Type 1. Employment-Based Green Card
○ When obtaining a green card through Employment-Based Preferences 1 (EB-1) to 3 (EB-3): The period of unlawful presence must be less than 180 days until the submission of I-485.
○ For Employment-Based Preferences 2 (EB-2) and 3 (EB-3), which also require the labor certification process, it takes about one year for the labor certification to be approved.
○ It is important to maintain another valid immigration status until pursuing an employment-based immigration process.
③ Type 2. EB-2 National Interest Waiver (NIW)
○ The EB-2 National Interest Waiver (NIW) has less stringent qualification requirements compared to the top-tier EB-1.
○ The EB-2 NIW does not require the labor certification process or a sponsor.
○ Except for individuals born in China and India, the priority date is current, allowing the concurrent filing of I-140 and I-485, which is a significant advantage.
④ Advantages
○ Right to Long-Term Residence and Employment: Employment opportunities available even without an H-1 or O-1 visa.
○ Ability to Sponsor Spouse and Unmarried Children: Eligible to invite spouse and unmarried children. A spouse has the freedom to pursue employment opportunities once they receive an EAD (Employment Authorization Document).
○ Social Security Benefits: Eligible for social security benefits.
○ Eligibility for Citizenship: Must meet the residency requirement of living with a green card for a specified period.
○ Exam Eligibility: Eligible to take exams such as the U.S. CPA (Certified Public Accountant), U.S. Patent Attorney, and U.S. Real Estate Agent exams.
○ Exception 1. ASA (Associate of the Society of Actuaries), FSA (Fellow of the Society of Actuaries): No permanent residency required.
○ Exception 2. U.S. Registered Dietitian Nutritionist (RDN) Certification: Sufficient to pursue related graduate studies, followed by exams and training.
○ Exception 3. CFA
○ Exception 4. ACCA
○ Advantages as a Graduate Student: Increased opportunities for various fellowships and lower costs for professors to fund graduate students with permanent residency.
○ Example: The tuition for fall and winter terms combined (i.e., total annual tuition cost) will range from $28,508 to $35,810 for resident students and $53,586 to $63,122 for non-residents.
⑤ Disadvantages
○ Continuous Residency Requirement: If you leave the U.S. for more than six months, it may be considered as abandoning your immigration intent, which could result in the loss of your permanent residency.
○ Tax Obligations: Permanent residents must pay U.S. taxes on their worldwide income and may be subject to dual taxation in both Korea and the United States.
○ Differences from U.S. Citizens: No right to vote and ineligible to apply for jobs requiring high-security clearance.
⑶ Citizenship (citizenship)
① The requirements for obtaining citizenship are standardized.
○ Example 1: After obtaining permanent residency, one must work for a certain period, etc.
○ Example 2: In the case of marriage to a U.S. citizen: You must maintain the marriage for 2-3 years until final approval is received from the U.S. government.
② Article 15 of the Nationality Act: If a citizen voluntarily acquires a foreign nationality (e.g., U.S. citizenship), they immediately lose their South Korean nationality.
○ Supplementary Information: South Korea does not allow dual nationality unless you are over 65 or originally a U.S. citizen.
○ Initially, this applied only to men due to military obligations, but it was extended to women under the principle of equality.
○ Because of this, some choose to renounce their Korean nationality or reapply for permanent residency.
○ Effect of acquiring foreign nationality: Takes effect immediately.
○ Effect 1: You cannot use a South Korean passport.
○ Effect 2: You lose the benefits that come with South Korean citizenship.
○ Effect 3: Exemption from military service obligations.
③ Article 16, Clause 1 of the Nationality Act: If you lose your nationality, you must report it to the Minister of Justice.
○ There are no substantial penalties for failing to report the loss of nationality in a timely manner.
④ U.S. citizens are eligible to receive U.S. pension benefits.
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
○ An OPT student can change to E-2 status before the end of the OPT period while running their own business: If the employer is an E-2 business, the student can be employed by this company as a manager or essential personnel and change their status to E-2.
○ 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
○ When transferring SEVIS from one U.S. university to another, the F1 visa can still be used, but the J1 visa must be renewed.
○ Since a visa is a travel document, if you are not planning to leave the U.S. before the J1 visa expires, there is no need to get a new one.
○ Effect 1. OPT
○ After obtaining an F1 visa, employment (e.g., company, postdoc positions) is guaranteed for three years through OPT. Initial 12 months + additional extension available for STEM fields.
○ Purpose: A gift-like program designed to facilitate smooth career transitions for students.
○ OPT must be submitted to the immigration office no earlier than 90 days before the completion of the degree and no later than 60 days after the degree has been completed.
○ OPT can be used for each degree level (e.g., bachelor’s, master’s).
○ Effect 2. CPT
○ F1 visa students must study for at a year to do a corporate internship (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.
○ H-1B and OPT
○ H-1B visas for the new fiscal year, which begins in October every year, start accepting applications on April 1, six months prior.
○ If you apply for an H-1B and receive a receipt notice, you can stay in the United States until the H-1B decision is made, even if your OPT has expired.
○ If you apply for an H-1B while your OPT period is still valid, you can work until the H-1B decision is made.
○ If you apply for an H-1B during the 60-day grace period of your Student Visa (F-1) after OPT has ended, you can stay in the United States until the H-1B is approved, but you cannot work.
○ 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
○ Difference between an H1 visa and a green card
○ Difference 1: The H1 visa is issued by a specific employer and is dependent on employment status, whereas a green card remains valid regardless of employment status.
○ H2: temporary worker performing agricultural or other services unavailable in U.S.
○ H3: alien trainee
○ The H-3 visa can be granted for up to 24 months. However, if the full 24 months are used, there is a regulation requiring the individual to return to their home country and stay for 6 months. Therefore, it is advisable to apply for a duration of 23 months.
○ 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
○ J1 and OPT
○ It is difficult to obtain an internship J-1 status after using OPT because the State Department regulates this closely.
○ 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
○ When transferring SEVIS from one U.S. university to another, the F1 visa can still be used, but the J1 visa must be renewed.
○ Since a visa is a travel document, if you are not planning to leave the U.S. before the J1 visa expires, there is no need to get a new one.
○ 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. The scope is so broad that it even includes chefs. A friend of mine who graduated from a Stanford PhD program received an O1 visa and used it as a work visa.
○ 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
○ The O-1 status is valid for up to three years each time it is granted.
○ 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
○ The R-1 visa requires sponsorship from a religious organization and is valid for 30 months each time it is granted. After working full-time for 2 years, one can pursue a religious worker immigrant visa.
○ 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. Others
○ TN
○ TN visas are available to Canadian and Mexican citizens, but unfortunately, South Korean students are not eligible for this visa.
○ The professional TN visa is similar to the H-1B but has no numerical limits and covers a much broader range of qualifying occupations compared to the H-1B.
○ The TN visa is granted to Canadian citizens for three years at a time.
○ The process is so straightforward that one can apply for it upon entering the United States.
5. Application Method (Applicant ↔︎ Immigration Authority)
⑴ Method 1: Issuance after an interview at the embassy
① Step 1: Obtain an admission letter (I-20) from the school for study abroad
② Step 2: Pay the I-901 SEVIS (Student and Exchange Visitor Information Service) fee
③ Step 3: Visa interview
④ Step 4: Visa issuance confirmation: You can confirm issuance 1 to 3 days after the interview
⑤ Step 5: Visa issuance (ref): You can receive your passport with the visa attached about one week after the interview
⑥ Having a Financial Guarantee Certificate from the National Institute for International Education can make it easier to obtain a visa
⑦ Students with full funding may find it easier to obtain a visa
⑵ Method 2: Submit documents for an interview waiver and issue an appointment date after an emergency application
① An emergency request for a U.S. visa does not exempt you from the interview
⑶ Method 3: Traveling visa
① Agency: https://cibtvisas.com/ (Website for U.S. citizens)
⑷ Method 4: ESTA (Electronic System for Travel Authorization): Visa Waiver Program (Short-term Visa-free Entry Program)
① Overview
○ An online application system developed by the U.S. government
○ You can enter the U.S. after simple travel authorization approval
② Requirements
○ Stay in the U.S. for less than 90 days
○ Citizens of certain countries, including South Korea, can enter the U.S. for tourism, business, or transit without applying for a visa
Figure 1. Countries covered by the Visa Waiver Program
③ Procedure
○ Results are usually available within 1 day but can take up to 3 days
○ You must scan and upload your passport when applying
○ Issuance: Issued via email
③ Issuance
○ Valid for up to 2 years, but automatically invalid after the passport expires
○ Can be used for unlimited entries into the U.S.
○ Does not guarantee entry into the U.S., but permits boarding for travel to the U.S.
Entered: 2022.10.20 02:25
Updated: 2024.02.23 07:20