Working in the United States is the dream of many Hispanic professionals and entrepreneurs seeking to expand their horizons, access new opportunities, or contribute their talents to the U.S. economy. However, the path to achieving this goal involves navigating a complex immigration system that requires precision, patience, and, above all, accurate information. Having a job offer isn't enough; it's essential to obtain legal authorization to work there, which generally requires a specific work visa.
This process involves various U.S. government agencies, each with a defined role: from the U.S. Citizenship and Immigration Services (USCIS), through the Department of State (DOS) and the Department of Labor (DOL), to Customs and Border Protection (CBP) officers at the time of entry. USCIS, part of the Department of Homeland Security (DHS), is key in approving petitions. Understanding the role of each agency is the first step to successfully navigating the process.
There are, broadly speaking, two main paths to legal employment in the U.S.: through temporary worker visas (nonimmigrants) and through permanent worker visas (immigrants), which can eventually lead to legal permanent residency, known as a "green card." The appropriate path will depend on the length of the intended employment and the applicant's qualifications.
Temporary Work Visas: The Path for Short- and Medium-Term Projects
If your goal is to work in the United States for a defined period, such as for a specific project, a season, or under a temporary contract, the visa category you should explore is the "temporary worker" or "nonimmigrant" visa. It's crucial to understand that these visas are for a limited duration and do not, per se, provide a direct path to permanent residency (although some categories may be eligible for a change of status under certain conditions).
The basis for most temporary work visas is a petition approved by the US employerThis means that, in the vast majority of cases, you can't simply "apply" for a visa on your own; you need a company in the United States that wants to hire you for a position that meets certain requirements to initiate the process on your behalf.
The Employer's Petition: The First Big Step
This is the formal starting point. A potential employer in the United States must submit the Form I-129, Petition for Nonimmigrant Worker, with USCIS. This form is the company's official application to employ a foreign worker under a specific temporary visa category.
The employer must provide details about the company, the position offered, the salary, the length of employment, and information about the foreign worker. USCIS reviews this petition to determine if the position and the applicant meet the criteria for the visa category applied for. Once USCIS approves the petition, it sends the employer a Notice of Action, Form I-797This document, which contains a vital receipt number, is proof that the petition has been approved and allows the foreign worker to proceed to the next step: applying for a visa at the U.S. embassy or consulate in their home country. Without this approval, the visa cannot be applied for abroad.
Labor Certification: A Requirement for Certain Temporary Visas
Although it does not apply to all temporary visa categories, some do require the employer to first obtain a Labor Certification from the Department of Labor (DOL). The purpose of this certification is to protect the U.S. labor market by ensuring that the hiring of foreign workers will not displace U.S. workers or negatively affect their wages and working conditions.
The labor certification process typically involves the employer demonstrating that it has unsuccessfully attempted to recruit U.S. workers for the position and that the wage offered meets the prevailing wage for that occupation and location. The key form in this process is the ETA Form 9089, an Application for Permanent or Temporary Employment Certification. Only after the DOL approves this certification (if required) can the employer file Form I-129 with USCIS. Familiarizing yourself with DOL requirements is essential if the temporary visa you are seeking requires it.
Exploring Temporary Visa Categories
The temporary visa system offers several categories, designed to cover a wide range of professions, skills, and employment situations. Understanding the characteristics of each will help you identify which best suits your profile and job offer. The most common and relevant categories include:
- H-1B: Specialty Occupation Person This is perhaps one of the best-known visas, intended for professionals who will work in occupations requiring highly specialized theoretical or technical knowledge, usually a bachelor's degree or equivalent experience. It is common in fields such as technology, engineering, medicine, and education. Demand for H-1B visas often exceeds the annual supply (there is a numerical limit or "cap"), leading to a lottery process for selecting petitions. Well-known fashion models, as well as certain jobs on Department of Defense (DOD) projects, may also qualify. It is imperative that applicants for this visa review the "Legal Rights and Protections" booklet, which details their labor rights.
- H-1B1: Professional under Free Trade Agreement (Chile, Singapore) A category similar to the H-1B but exclusive to citizens of Chile and Singapore, protected under free trade agreements. It also requires a specialty occupation and a bachelor's degree or equivalent. Unlike the traditional H-1B, this visa generally does not require prior approval of an I-129 petition by USCIS; rather, the application is made directly to the U.S. embassy or consulate in the country of origin.
- H-2A: Seasonal Agricultural Worker Designed for foreign workers performing temporary or seasonal agricultural work. This visa requires DOL labor certification and is limited to citizens of countries designated by the Department of Homeland Security, with some limited exceptions. Holders of this visa should also consult the “Legal Rights and Protections” brochure.
- H-2B: Seasonal Non-Agricultural Worker Covers temporary or seasonal jobs not related to agriculture. Like the H-2A, it requires DOL labor certification, is limited to citizens of designated countries, and applicants must review the "Legal Rights and Protections" booklet. These visas are often used in industries such as hospitality and tourism, construction, or landscaping to cover specific needs.
- H-3: Special Education Apprentice or Visitor It allows foreigners to receive training (not postgraduate medical or academic) in a field unavailable in their home country. It also includes practical training programs in the education of children with disabilities. It is not intended for regular productive employment, but rather for the acquisition of skills.
- L: Intracompany Transferee Ideal for executives, managers, or employees with specialized knowledge who are transferred from a foreign company to a branch, parent, affiliate, or subsidiary of the same company in the United States. A key requirement is having worked for the company abroad for at least one year within the three years prior to applying for admission to the U.S. A significant advantage of the L visa is that the applicant does not need to demonstrate intent to return to their home country at the end of their stay (known as "dual intent"). Individual petitions and blanket petitions are available, simplifying processes for large corporations. Applicants under blanket petitions must pay additional fraud prevention and border security fees.
- O: Individual with Extraordinary Ability or Achievement For individuals with exceptional and nationally or internationally recognized abilities or achievements in fields such as the sciences, arts, education, business, or athletics. It also includes those with a record of extraordinary achievement in the motion picture or television industry. This category allows for the entry of essential support personnel for the primary holder. It is a visa based on individual merit rather than a traditional job offer, although it often requires a U.S. agent or employer.
- Q: Athletes, Artists and Entertainers This category has several subcategories (P-1, P-2, P-3) for athletes, artists and entertainers.
- P-1: For athletes recognized individually or as part of a team, or members of internationally recognized entertainment groups who come to participate in specific events.
- P-2: For artists or entertainers (individual or group) participating in a reciprocal exchange program between organizations in the U.S. and other countries.
- P-3: For artists or entertainers (individual or group) coming to perform, teach, or coach as part of a culturally unique program, such as an ethnic, folk, or traditional arts performance. All P categories allow essential support staff to accompany the lead artist or athlete.
- Q-1: Participant in an International Cultural Exchange Program It allows foreigners to participate in cultural exchange programs that seek to provide practical training and employment, while sharing the history, culture, and traditions of the applicant's home country. A unique feature of this visa is that, unlike most other temporary work categories, spouses and children cannot obtain a derivative Q-2 visa to accompany or join the principal applicant.
It is essential to thoroughly research the specific requirements for the visa category that best suits your situation, as they vary considerably.
Numerical Limits and the Impact on Availability
It's important to know that several categories of temporary worker visas are subject to annual numerical limits established by the United States Congress. This means that only a certain number of these visas can be issued each fiscal year. When demand exceeds supply, as is often the case with the H-1B visa, mechanisms such as lotteries are implemented to select petitions for processing. These limits can significantly affect wait times and the likelihood of obtaining a visa in certain categories.
The Visa Application Process: From Paper to Passport
Once USCIS has approved your employer's petition (Form I-129) and you have the corresponding receipt number (Form I-797), the next step is to apply for a visa at a U.S. embassy or consulate outside the country. Although the general steps are similar, the specific order and procedures may vary depending on the location of the embassy or consulate, so you should always check the official website of the office where you plan to apply.
The general steps of the visa application process are:
- Complete the Online Visa Application (Form DS-160): This form is the standard electronic application for most nonimmigrant visas. You must complete it accurately and honestly. You will be asked for personal information, details about your educational and employment background, information about the petitioning employer, and details about your travel. Once completed, you must print the DS-160 confirmation page, which contains a barcode, to bring to your interview.
- Upload your Photo: While completing the DS-160, you'll need to upload a digital photograph that meets strict requirements (size, background, facial expression, etc.). If the digital upload fails, you'll need to bring a printed photograph that meets the same requirements to your interview. It's vital that the photo be recent and meet all specifications to avoid delays.
- Schedule Visa Interview: Most applicants between the ages of 14 and 79 must attend an in-person interview with a consular officer. Children under 14 and adults 80 and older are often exempt from the interview, but the consular officer has the discretion to require one. You must schedule your interview appointment at the embassy or consulate where you reside. Wait times can vary considerably by location and season, so it is recommended to begin the process well in advance of your expected work start date. To schedule the interview, you will need the receipt number from your I-129/I-797 petition.
- Payment of the Corresponding Fees: There are several fees associated with the visa application. The most common is the nonimmigrant visa application fee (known as the MRV fee), which is currently $205 USD for most temporary work categories. This fee is nonrefundable, regardless of the outcome of the application. There may be additional fees, such as the visa issuance fee (based on reciprocity agreements with your home country) or the fraud prevention and border security fees mentioned for certain L blanket visas. Information on how and when to pay these fees can be found on the website of the embassy or consulate where you will apply.
- Gather the Required Documentation: Preparing your documentation is crucial. You should bring at least the following documents to your interview:
- Passport valid for at least six months beyond your intended period of stay in the U.S. (unless there is a specific agreement with your country that exempts it).
- The DS-160 Form confirmation page with the barcode.
- The receipt of payment of the application fee.
- A printed photograph if the digital upload failed.
- The receipt number for the I-129/I-797 petition (a copy of the I-797 is recommended).
- Copy of the I-129 petition as filed with USCIS.
- For L visa applicants under blanket petition, Form I-129S.
- Additional documentation to support your application, such as letters from your employer, diplomas, resume, evidence of work experience, and approved labor certification, if applicable.
- Demonstrate Intent Not to Immigrate (Except H-1B and L): This is a critical point for most temporary visa categories (with the notable exceptions of H-1B and L, which allow for “dual intent”). Under Section 214(b) of the Immigration and Nationality Act, every nonimmigrant visa applicant is presumed to have the intent to immigrate (stay permanently). To overcome this presumption, you must demonstrate to the consular officer that you intend to return to your home country after your temporary stay. This is accomplished by presenting compelling evidence of your strong ties to their country of origin. The ties can be of various nature:
- Family ties: Spouse and children remaining in the country, care of elderly parents, etc.
- Economic ties: Properties, businesses, investments, significant bank accounts.
- Work/professional ties: A stable job or business you plan to return to, a solid career path.
- Social ties: Membership in organizations, clubs, community activities.
- Long-term plans: Evidence that your life and future are rooted in your country of origin.
- Attend the Visa Interview: The interview is when a consular officer will assess your eligibility. You will be asked questions about the purpose of your trip, your employment, your qualifications, your employer in the U.S., and your intentions. You must answer clearly, honestly, and confidently. During the interview (or sometimes before, depending on the location), your fingerprints will be taken. The consular officer will make the final decision on your application.
After the Interview: Approval, Processing, or Denial
If your visa is approved, the consular officer will inform you how your passport with the stamped visa will be returned to you. In some cases, additional administrative processing may be required after the interview, which may delay visa issuance. If this occurs, the consular officer will inform you.
If your application is denied, the consular officer will explain the reason. A common denial is under Section 214(b) of the INA, which means you failed to satisfactorily demonstrate your nonimmigrant intent or failed to meet the requirements of the visa category. If you believe the circumstances of your application have significantly changed or that you can present substantial new evidence, you may reapply in the future. However, if the denial is based on more serious ineligibility, such as fraud or misrepresentation of material facts (Section 212(a)), the consequences may be more severe, including a permanent bar from entry.
Visa Validity vs. Length of Stay
It is crucial to distinguish between visa validity and authorized period of stay. A visa is a travel document that allows you to request entry into the United States at a port of entry until its expiration date. Once you arrive at a port of entry (airport, seaport, or land border), a Customs and Border Protection (CBP) officer determines whether you are allowed entry and for how long.
The duration of your authorized stay will be recorded on your Form I-94 (Arrival/Departure Record), which is now primarily electronic. It is your responsibility to check and remember the expiration date of your stay based on your I-94, not the expiration date of your visa or passport. A valid visa in an expired passport remains valid for the purpose of applying for entry, provided you present a new, valid passport along with the old one containing the visa.
Accompanying Family: Spouse and Children
The good news is that, in most temporary worker visa categories, your spouse and unmarried children under 21 can apply for derivative visas to accompany or join you in the United States. The derivative visa category is usually related to yours (for example, an H-1B visa holder, your spouse and children can apply for an H-4 visa). As the principal visa holder, you must demonstrate that you can financially support your family during your stay. The one notable exception is the Q-1 visa, where dependents do not qualify for a derivative visa.
Entry into the United States and CBP Authority
Even with a valid visa, entry into the United States is not guaranteed. The CBP officer at the port of entry has the final authority to admit or deny you entry. Generally, if all your documents are in order and there are no concerns about your admissibility, you will be allowed entry and issued an I-94 record with the end of your stay date. It is vital to comply with all questions and requests from the CBP officer.
Maintaining Status: Extension and Change
Once in the United States, it is essential to maintain your legal status by complying with the terms of your visa and the departure date indicated on your I-94.
- Extension of Stay: If you need to stay beyond the date on your I-94, you can generally request an extension of stay by filing Form I-539, Application to Extend/Change Nonimmigrant Status, with USCIS. before your I-94 expires. Meeting the eligibility requirements and filing on time are crucial.
- Change of Status: If you wish to change your nonimmigrant status while legally present in the United States (for example, from a B-2 tourist visa to an F-1 student visa, or in some cases, from certain work visas to others), you can request a change of status by filing Form I-539 with USCIS. It is vital to maintain your legal status while the change request is pending. If your status expires before USCIS decides on your request, you may have to leave the country and apply for a new visa abroad.
The Serious Consequences of Being “Out of Status”
Remaining in the United States beyond the date allowed on your Form I-94, or violating the terms of your visa, results in being "out of status." This has very serious consequences under U.S. immigration law, including:
- Automatic Visa Cancellation: Section 222(g) of the INA provides that if a nonimmigrant overstays or violates his or her status, his or her current visa (even if it is a multiple-entry visa) is automatically revoked and cannot be used for future entries.
- Ineligibility for Future Visas or Immigration Benefits: Being out of status may make you ineligible to apply for future visas abroad, adjustment of status (permanent residence) within the U.S., or other immigration benefits, unless you qualify for an exception or waiver.
- Re-entry Prohibitions: If you accumulate more than 180 days of unlawful presence (being “out of status”) before leaving the U.S., you may face re-entry bars of 3 or 10 years, depending on the length of your unlawful presence.
For these reasons, it is imperative to monitor your I-94 date and strictly comply with immigration laws.
Visa Renewal
If your temporary work visa expires but you continue to maintain legal status in the United States (for example, because your I-94 is still valid or because you have applied for a timely extension of stay), and you need to leave the country and re-enter to continue working under the same or a new category, you will need to apply for a new visa at an embassy or consulate. The process is similar to the initial application. However, some applicants who meet certain criteria (e.g., renewing in the same category, no prior denials, etc.) may be eligible for an interview waiver, which expedites the process. Check the embassy/consulate website to verify eligibility for an interview waiver.
Special Note for Citizens of Canada and Bermuda
A notable exception to the visa requirement for temporary workers is citizens of Canada and Bermuda. These citizens generally do not need a visa stamped in their passport to enter the United States under certain nonimmigrant categories (including some employment-related categories). However, yes require your U.S. employer to file and obtain a temporary worker petition approved by USCIS (Form I-129) before appearing at a port of entry to apply for admission under the appropriate category.
Permanent Work Visas: The Path to an Employment-Based Green Card
For those Hispanic professionals and entrepreneurs who seek to settle and work indefinitely in the United States, the path is through permanent worker visas, which lead to obtaining the legal permanent residence (“Green Card”)This process is typically longer and more complex than that for temporary visas and generally requires sponsorship from a U.S. employer offering a permanent position. Eligibility is based on a combination of skills, education, and work experience that benefits the U.S. economy.
Permanent Work Visa Categories
The employment-based immigrant visa system is divided into five preference categories, each with specific requirements and global annual numerical limits (and per-country limits), which can result in long wait times for some categories and nationalities:
- First Preference (EB-1): Priority Workers
- Individuals of Extraordinary Ability (EB-1A): Individuals with extraordinary ability in the sciences, arts, education, business, or athletics, demonstrated by national or international acclaim. They do not require a job offer or labor certification; they may self-petition.
- Outstanding Professors and Researchers (EB-1B): Internationally recognized for their achievements in a specific academic field. They require a permanent job offer and labor certification, unless they qualify for an exemption.
- Managers and Executives of Multinational Corporations (EB-1C): Transferred to the U.S. to work in a managerial or executive position for a company affiliated with the foreign employer. They must have worked abroad in that role for at least one year within the previous three years. Labor certification is not required.
- Second Preference (EB-2): Professionals with Advanced Degrees or Exceptional Ability
- Professionals with Advanced Degrees: Positions requiring a master's degree or higher (or a bachelor's degree plus five years of progressive experience). They require a job offer and labor certification.
- People with Exceptional Ability: Individuals with a degree of experience significantly beyond that commonly found in the sciences, arts, or business. A job offer and labor certification are required.
- National Interest Waiver (NIW): A subcategory within EB-2 that allows an applicant (with an advanced degree or exceptional ability) to self-petition without a job offer or labor certification if they can demonstrate that their work in the U.S. is of substantial national interest and their efforts have intrinsic merit and national scope, and that it would be detrimental to the national interest to require a job offer and labor certification.
- Third Preference (EB-3): Skilled Workers, Professionals, and Other Workers
- Skilled Workers: Positions requiring at least two years of training or experience. A job offer and labor certification are required.
- Professionals: Positions requiring at least a U.S. bachelor's degree or its foreign equivalent. A job offer and labor certification are required.
- Other Workers: Positions requiring less than two years of training or experience (unskilled workers). They require a job offer and labor certification. This subcategory typically has the longest wait times due to a very low annual numerical limit.
- Fourth Preference (EB-4): Special Immigrants A diverse category that includes, among others, certain religious workers, employees of U.S. government posts abroad, certain former U.S. government employees, and Iraqi/Afghan translators. Requirements vary widely.
- Fifth Preference (EB-5): Immigrant Investors For equity investors in new U.S. commercial ventures that create at least 10 full-time jobs for qualified U.S. workers. Requires a significant capital investment (the amount varies by investment area) and does not require a job offer or labor certification.
The Permanent Visa Process
The general process for obtaining an employment-based immigrant visa (the “Green Card”) involves several steps:
- DOL Labor Certification (if applicable): For most EB-2 and EB-3 categories, the employer must obtain an approved labor certification from the Department of Labor (DOL) through the process known as PERM (Program Electronic Review Management). This involves proving that there are no qualified, willing, and available U.S. workers to fill the position. This is often the initial step and can be the longest.
- Petition for Immigrant Worker (Form I-140): Once the labor certification is obtained (if necessary), or if the category does not require it, the employer (or the applicant, in cases of self-petition) files the Form I-140, Petition for Alien Immigrant Worker, before USCIS. This petition seeks to demonstrate that the foreign worker qualifies for the immigrant visa category being applied for and that the employer has the financial ability to pay the offered wage.
- Visa Availability (The Visa Bulletin): This is a critical step that does not apply to temporary visas. Due to numerical limits by category and country, there is often a backlog of qualified applicants. The Department of State publishes the Visa Bulletin, which indicates when applicants can take the next step, either applying for a visa abroad (consular processing) or adjusting their status in the U.S. (if they are already lawfully present). The date on the bulletin for your category and country must be current or later than the priority date of your I-140 petition (the date the labor certification or I-140 petition was filed, whichever comes first).
- Final Application: Consular Processing or Adjustment of Status:
- Consular Processing (If outside the U.S.): Once your priority date is current according to the Visa Bulletin, you will apply for an immigrant visa at the U.S. embassy or consulate in your home country. This involves completing the electronic DS-260 Immigrant Visa Petition and Alien Registration form, submitting civil documents, paying fees, undergoing a medical examination, and attending an interview. If approved, you will receive the visa in your passport and be able to travel to the U.S. for admission as a permanent resident.
- Adjustment of Status (If you are legally in the U.S.): If you are already lawfully present in the United States (generally in valid nonimmigrant status) when your priority date is current, you may apply to adjust your status to lawful permanent resident by filing the Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS. In some cases (when a visa is immediately available upon filing the I-140), the I-140 petition and the I-485 adjustment of status petition can be filed concurrently. The adjustment of status process also requires a medical examination, fingerprinting (biometrics), and an interview (although USCIS sometimes waives this). While your I-485 is pending, you may be eligible for an employment authorization permit (EAD) and travel authorization (Advance Parole).
Employment Authorization Document (EAD)
Regardless of whether you are a temporary work visa applicant already in the U.S. with a status that allows you to work, or an adjustment of status applicant for permanent residence, you may need or want to obtain a Employment Authorization Document (EAD). Presenting the Form I-765, Application for Employment Authorization, with USCIS, you can obtain this permit that allows you to legally work for any employer (in most cases) while your underlying application (such as an I-485) is pending, or if your immigration status already confers employment authorization (although an EAD is sometimes obtained for greater flexibility).
Compliance and Consequences: Working Legally
It is essential to understand that authorization to work in the United States is intrinsically linked to your immigration status. The specific conditions under which you can work (employer, type of work, duration, etc.) depend on the visa category or status granted to you by DHS. Any violation of these conditions can have serious consequences, including loss of status, ineligibility for future immigration benefits, and, ultimately, possible removal from the United States. Staying informed about the rules regarding your status is an ongoing responsibility.
Essential Resources and Fraud Prevention
Navigating the immigration system can be complex, but there are reliable resources available. It's essential to obtain information directly from official U.S. government sources. Recognize official websites: they end in .gov (such as uscis.gov, travel.state.gov, dol.gov, usagov.gov) and use secure connections (look for the padlock and “HTTPS” in the address bar). Never share sensitive personal information on unverified websites.
Sites like USCIS and Travel.State.Gov offer helpful tools:
- Verification of case processing times.
- Track the status of your case online.
- Procedures for changing your address with USCIS.
- Electronic contact tools (E-Request).
USAGov It is a general government information portal that even offers telephone and chat support in Spanish for questions about the government.
Unfortunately, immigration scams target visa seekers. Be extremely cautious of notarios or "consultants" who are not accredited attorneys and who promise quick or guaranteed results. Only licensed immigration attorneys or representatives accredited by the Board of Immigration Appeals (BIA) are legally authorized to provide legal advice on immigration matters. Seek legal help from reliable sources if needed.
Always remember: Approval of a petition (I-129 or I-140) by USCIS does NOT guarantee the issuance of a visa. It is a necessary requirement to apply for a visa abroad, but the final decision rests with the consular officer. Do not make definitive travel plans (such as purchasing airline tickets) until you have the visa stamped in your passport.
Conclusion: A Process with Rewards
Obtaining a work visa in the United States, whether temporary or permanent, is a process that requires meticulous preparation, strict adherence to procedures, and a clear understanding of legal requirements. From the need for an employer-approved petition (in most cases) and, sometimes, a labor certification, to the rigorous visa application process at the embassy or consulate, every step is crucial.
For Hispanic entrepreneurs and professionals, this path represents a significant investment of time and effort, but the potential rewards in terms of professional development, business opportunities, and personal growth can be immense. Stay informed through official channels, prepare your application diligently, and, if necessary, seek the advice of qualified immigration legal professionals. With the right strategy and perseverance, the dream of working in the United States can become a tangible reality.
Of course! To make the process even easier for Hispanic entrepreneurs and professionals, we've compiled a table with direct links to the most important forms and resources mentioned in our guide. It's important to remember that immigration laws and forms can change, so you should always check the most up-to-date information directly on official U.S. government websites.
Important: Most USCIS forms are in English, but instructions or Spanish versions are often provided on the same page. Online visa application systems (DS-160, DS-260) have the option to select Spanish for easier completion.
Key Forms and Resources for Your U.S. Work Visa Process
| Form/Resource Name | Brief description | Official Access / Download Link |
| Form I-129 | Petition for Nonimmigrant Worker (Filed by the employer for temporary visas such as H-1B, L, O, P, etc.) | USCIS – Formulario I-129 |
| Formulario I-129S | Supplement to Blanket L for Intracompany Transfer | USCIS – Formulario I-129S |
| Form I-140 | Petition for Alien Immigrant Worker (Filed by the employer for permanent employment-based visas such as EB-1, EB-2, EB-3) | USCIS – Formulario I-140 |
| Form I-485 | Application to Register for Permanent Residence or Adjust Status (For those already in the U.S. seeking a Green Card) | USCIS – Formulario I-485 |
| Form I-539 | Application to Extend/Change Nonimmigrant Status (To extend your stay or change to another temporary visa category) | USCIS – Formulario I-539 |
| Form I-765 | Employment Authorization Application (To obtain the Employment Authorization Document – EAD) | USCIS – Formulario I-765 |
| Form DS-160 | Online Nonimmigrant Visa Application (Application for most temporary visas) | Consular Electronic Application Center (CEAC) – DS-160 |
| Form DS-260 | Immigrant Visa Application and Alien Registration (Application for permanent visas in consular processing) | Consular Electronic Application Center (CEAC) – DS-260 |
| ETA Form 9089 | Permanent or Temporary Employment Certification (Managed by the Department of Labor – DOL for the PERM process) | DOL – Programa PERM |
| I-94 Registration | Arrival/Departure Record (Electronic, shows the length of your authorized legal stay in the U.S.) | CBP – Obtain I-94 |
| Visa Bulletin | Shows the availability of immigrant visas by category and country of origin | Travel.State.Gov – Visa Bulletin |
"
