Visa for the USA

Angelika Should I actually still get a chance? Well then, let's quickly get typing before Michael comes up with something else. Now that there is suddenly a discussion in Germany about an immigration law modeled after the American system, here is the continuation on US immigration. But before I delve into how one can obtain a permanent work and residence permit, the so-called Green Card, in the USA, I would like to list the different visa types for fun, since we are often asked about the different types of visas in the USA, and explain a little about what they entail. Now, this may seem completely boring to some, as it is pure bureaucracy, but on the other hand, just from such a list, things become apparent that one would otherwise not think about. And I don't mean the obvious fact that the whole thing is incredibly complicated, but rather that, firstly, pure selfishness is also behind the American immigration laws, namely to bring in workers that are urgently needed so that the economy doesn't stagnate, or to recruit smart minds of all kinds to advance America. Secondly, the American's unwavering belief in family becomes visible, as it is taken for granted that almost every visa category allows you to bring minor children and your spouse, even though in most cases the accompanying family members do not receive a work permit. The tendency for family reunification is also evident with the Green Card.

There are the following visa categories in the non-immigrant category:

A-1, A-2, A-3 visas are valid for diplomats and other officials or employees of foreign governments, as well as for their immediate family members and household staff.

B-1 visa for business travelers (Temporary Visitor for Business) who enter the USA for a limited period and leave the USA after completing their business. The business traveler may not be employed in the USA or become employed there, must be fully paid by the foreign employer for their services, and must have a residence outside the USA.

B-2 Visa (Temporary Visitor for Pleasure) for tourists who want to travel to the USA or visit friends and relatives. The visa generally allows for a stay of up to six months. As a tourist, you are prohibited from working or studying in the USA. You must have sufficient funds to support yourself during your stay. And here's a little side note: In the past, all German tourists needed this visa. When Michael and I went on vacation to the USA for the first time, we had this visa in our passports. In the meantime, the visa requirement for Germany and many other countries, especially European ones, has been lifted, and the so-called "Visa Waiver Pilot Program" (for tourists and business travelers) has been introduced. This means that if you can present a return ticket upon entry and do not wish to stay longer than 90 days, you no longer need a visa to enter as a German citizen. The only disadvantage: If you enter under the Visa Waiver Pilot Program, you cannot change your visa status. If you suddenly decide during your trip that you want to study in the USA, it is not possible to apply for a student visa while in the country. Also, the 90-day limit cannot be exceeded or extended under any circumstances.

C-1 visa for transit travelers (alien in transit), i.e., individuals who travel through the USA without interruption to reach their destination country.

D-1 visa for crew members (sea or air). It refers to the guys and gals who serve you food on the plane, as well as the pilot and co-pilot.

E-1 Visa for Treaty Traders, including spouses and children. This visa is for individuals entering the USA to engage in trade. There must be a trade treaty between the USA and the respective country, and the entering person must hold citizenship of the partner country. The trade between the USA and the respective country must be of substantial nature. Accompanying family members are not allowed to take up employment in the USA.

E-2 Visa for Investors, including Spouses and Children (Treaty Investor): The investor must be a national of a treaty country with the USA and make substantial investments in the USA, such as establishing and managing a company locally. What is considered "substantial" is determined by the immigration authorities. Simply depositing a large sum of money in an American bank account is not sufficient. The visa is typically issued initially for five years and can be renewed, provided the business is successful. Accompanying family members are not allowed to work in the USA.

F-1 Student Visa (Academic or Language Students). Anyone who wants to study at an American college, university, language school, etc., needs this visa. The educational institution must be recognized by the immigration authorities. The student must not give up their residence in their home country, must be a full-time student, have sufficient English language skills, and have enough funds available to finance their studies and living expenses. The visa is valid until the completion of studies. In exceptional cases, one may take up part-time employment.

F-2 visa for spouses and minor children (under 21 years of age) of students in the F-1 category. A work permit is not granted in this category.

G-Visa for employees of international organizations (Representatives to International Organizations). There are five different categories. This refers to organizations such as the Red Cross or the UN.

H-1A visa for nurses (Registered Nurse): This visa category was introduced exclusively for nurses in 1989 and was discontinued in September 1995.

H-1B visa for temporary workers in specialty occupations. This is the visa that Michael has, and you already know all about it. Just as a reminder: It is granted for a maximum of six years, requires working in a profession for which there is a short supply of American workers, and possessing a higher academic degree (equivalent to an American bachelor's degree) or the corresponding work experience. With this visa, you are only allowed to work for the employer who applied for the visa.

H-2A visa for temporary agricultural workers. This refers to, for example, pickers who are brought into the country during harvest time because there are not enough American workers available. However, the reality is that in the artichoke and strawberry fields of California, you often find illegally immigrated Mexicans who are harvesting the fields.

H-2B visa for temporary skilled and unskilled workers. To obtain this visa, it must also be demonstrated that there are no American workers available for the respective job.

H-3 visa for interns and trainees (Temporary Trainees). This visa allows foreigners to temporarily undergo practical training that is not available in their home country.

H-4 visa for spouses and children of foreigners who have an H-1B, H-2A/B, or H-3. This includes myself. In this category, it is not permitted to take up employment.

I-Visa for foreign media representatives, including their spouses and children (Representatives of International Media). If you are a representative of the press, radio, or television, you can obtain this visa to conduct journalistic work in the USA.

J-1 visa for participants in exchange programs (Exchange Visitor). This visa is granted to foreign students, interns, teachers, researchers, professors, etc., who participate in an exchange program. Au pairs also fall under this category. The exchange program must be recognized by the USIA (United States Information Agency). The permitted duration of stay depends on the exchange program.

J-2 visa for spouses and children of J-1 visa holders. Spouses can work with permission from the immigration authorities if the income is needed to support living expenses.

K-1 Visa for Fiancées or Fiancés of U.S. Citizens. Fiancées or fiancés of Americans are allowed to enter the USA if they get married within 90 days. A medical certificate and police clearance certificates, among other documents, must be provided. The fiancées or fiancés must have met in person within the last two years. This visa is subject to particularly strict scrutiny to ensure all conditions are met, as marriage can lead to obtaining a Green Card.

The K-2 visa is intended for the minor children of the fiancé(e), as they also want to be present at the wedding.

L-1 Visa for Intra-Company Transferees (Multinational Companies): This visa category was introduced to allow multinational companies to transfer their employees to their American branches as needed. Before submitting the application to the immigration authorities, the person must have worked for the company for at least one year within the last three years. The applicant must work in the U.S. for the company as a manager or executive, or possess specialized knowledge. Typically, the L visa is initially granted for three years and can be extended in two-year increments. For managers and executives, it is valid for a maximum of seven years, while for employees with specialized knowledge, the stay is limited to five years. Once the maximum is reached, the person must live outside the U.S. for at least one year before a new application in the L category can be submitted (the same rule also applies to the H-1B visa). Interestingly, the time spent in the U.S. under the L category or H-1B category is accumulated and counts together towards the maximum. This is cleverly designed, as many companies are now multinational, allowing for the possibility of applying for both an H-1B and an L-1 in many cases.

L-2 visa for the spouses and children of the L-1 visa holder.

M-1 Visa for Vocational and Nonacademic Students: This visa, unlike the F-1 visa (academic student visa), is intended for foreigners who wish to attend a vocational school or a nonacademic institution (excluding language schools) in the USA full-time. The school must also be recognized by the immigration authorities. The individual must not give up their foreign residence and must have sufficient English skills, as well as be able to finance their education and stay independently. The maximum duration of stay is one year or as long as the training lasts. After completing the training, one may be employed for up to six months, as long as it is practical training related to the program.

M-2 visa for spouses and minor children of an M-1 visa holder.

NATO visa for NATO employees: Yes, NATO employees actually receive their own visa, and there are, believe it or not, a total of 7 (in words, seven) subcategories.

O-1 visa for individuals with extraordinary abilities in the fields of arts, sciences, education, business, film and television, and athletics (Aliens of Extraordinary Ability in the Arts, Sciences, Education, Business or Athletics). This visa allows Nobel Prize winners or even Thomas Gottschalk and the like to live and work temporarily in the USA.

O-2 visa for assistants of artists, entertainers, athletes, scientists who are needed to carry out an artistic, athletic, etc. event.

O-3 visa for spouses and children of O-1/O-2 visa holders.

The P-1 visa (Internationally Recognized Athletes and Artists) is for individual athletes or sports teams, as well as entertainers when they perform as groups. The athletes and entertainers must be internationally recognized.

The P-2 visa (Artists and Entertainers in Reciprocal Exchange Programs) can be applied for by artists and entertainers participating in a reciprocal exchange program.

The P-3 visa (Artists and Entertainers Coming to the U.S. to Give Culturally Unique Performances) is intended for artists and entertainers who wish to participate in a culturally unique program.

P-4 visa for spouses and children of P-1/P-2/P-3 visa holders.

Q-1 Visa for Participants in Cultural Exchange Programs: The visa can be obtained for a maximum of 15 months if, as part of the program, holders represent the culture, history, and traditions of their own home country.

Q-2 visa for immediate family members of the Q-1 visa holder.

R-1 Visa for Clergy of Recognized Religions (Temporary Religious Worker). The visa is issued for a maximum of five years to allow clergy (pastors, priests, pastoral assistants, nuns, etc.) to work for a recognized church or non-profit religious organization.

R-2 visa for spouses and minor children of R-1 visa holders.

S-1/S-2 Visa for informants to combat crime (Criminal Informants).

S-3 visa for immediate relatives of S-1/S-2 visa holders.

TN Visa: Mexican and Canadian citizens who have a recognized profession under the North American Free Trade Agreement (NAFTA) are allowed to work in the USA under certain conditions. Recognized professions under the agreement include, for example, architect, engineer, computer specialist, mathematician, nurse, doctor, social worker, etc.

TD visa for the spouse and children of the TN visa holder. No work permit is granted.

Quite a long list, isn't it? Now one must know that the immigration authority generally does not issue visas to the following groups of people:

Foreigners who have dangerous contagious diseases such as AIDS.

Persons with physical or mental disorders, as well as behavioral disorders, who pose a danger to themselves or others.

Drug addicts

Foreigners who have been convicted or arrested for certain crimes (this includes crimes of "moral turpitude," sounds good, doesn't it? :)

Prostitutes

Terrorists or individuals who could threaten the public safety of the USA

Persons who are or have been members of a communist or other totalitarian party within the last two years prior to applying for a visa.

Persons who were involved in National Socialist crimes from 1933 to 1945 or were part of the National Socialist government in Germany or the territories occupied by Germany.

Foreigners who have been deported from the USA before.

Those of you who have visited the USA before might remember that on the plane, you always have to fill out a green form from the immigration authorities (if you are not subject to visa requirements), which checks exactly these categories. Questions such as "Have you ever been arrested or convicted for an offense or crime?" "Are you or have you ever been a member of a terrorist organization?" "Have you ever worked as a prostitute or pimp?" etc., appear on it. Of course, the whole thing seems somewhat ridiculous, because which terrorist would willingly answer "yes" to these questions? The comforting note on the form that answering "yes" does not automatically result in being denied entry also seems rather absurd.

Another peculiar aspect of entering the United States, which often confuses foreigners, is that an American visa in your passport does not automatically entitle you to enter the USA. The immigration officer at the border (in practice, this is usually the airport where you first set foot on American soil) checks again whether you are eligible to enter the "promised land." Anyone who appears suspicious in any way or, for example, intends to work when the visa does not allow it, will be sent back. I remember that during my very first entry into the USA (at the tender age of 21 as a student), I had to lay out my traveler's checks in front of the officer to prove that I had enough funds to finance my vacation and was not dependent on work. In general, the immigration officer has the right to deny entry to anyone who seems suspicious and to put them on the next plane back home without a word. The immigration officer also determines the length of stay, which can certainly differ from the maximum allowed by the visa.

That's all on the topic of American visas. Just one last thing: Our visa was actually extended until October 2002. That really borders on a miracle, hooray!