US Temporary Work Visas

Which visa applies to the specific case and, above all, seems appropriate, should be carefully assessed. The decisive factors here are qualifications, nationality, length of the planned stay and company affiliation.

The visa options described only entitle you to temporary employment in the USA. If you want to live and work permanently in the United States, you must apply for an immigrant visa (“Green Card”). Because the application process is complicated, you should seek help from a lawyer who is well versed in the field.

“GreenCards” US Immigrant Visa – Permanent Residence

The ” GreenCards ” give the foreign citizen the unrestricted right to live and work in the USA without being restricted to a specific employer. They grant the same rights and obligations as US citizens – with the exception of the right to vote, serve on a jury in court and hold electoral or government offices.

Applicants have four different ways of receiving a Green Card:

Immigration through job – “Employment-based categories”
Immigration through investment – “Employment-based categories”
Immigration as part of family reunification – “Family-based categories”
Immigration by winning the Green Card Lottery – “Diversity Visa Program”

Basic requirement for receiving a Green Card for citizens from Germany: At least a secondary school diploma or completed vocational training and two years of professional experience.

Immigration through job – “Employment-Based categories”

Every year around 140,000 immigrant visas are made available through one job.

Petition

First, the applicant’s employer or agent must obtain a certificate of employment from the Ministry of Labor. Upon receipt, the employer will receive an immigration petition (Form I-140 for download: www.uscis.gov) from the US Immigration Service (USCIS) for foreign workers.

Employment-based immigrant visas are divided into 5 preference categories. Spouses and children (under 21 years of age) can accompany or follow immigrants looking for work.

Categories

Employment preference – E1: Priority workers
Employment preference – E2: employed persons with advanced degrees and persons with exceptional skills
Employment preference – E3: skilled workers, skilled workers and other workers
Employment preference – E4: Special immigrants
Employment preference – E5: Investors

There are 3 subgroups in the E1 category: Priority Workers

Individuals with exceptional skills in science, art, education, business, or athletics. Comprehensive documents are required that show recognition in the subject at national and international level. A specific job
offer is not required as long as they are entering the USto continue their work in areas where they have exceptional skills. Such applicants can file their own petition (Form I-140) with USCIS.
Professors and researchers with at least 3 years of experience in teaching and research who are internationally recognized. Applicants in this category must come to the United States to complete tenure, tenure-track classes, or a comparable research position at a university or other college. The employer must submit a vacancy and Form I-140 to USCIS.
Multinational managers or officers who have been employed by the foreign subsidiary, parent company, or branch of the US employer in at least one of the previous 3 years. The applicant’s employment outside the USA must have been in a managerial position and continue in the same position in the future. The employer must submit a vacancy and Form I-140 to USCIS.

Post Petition: After USCIS approves the petition, it will be sent to the National Visa Center (NVC).

Fees: The NVC will begin pre-processing your case by giving you instructions on how to submit the appropriate fees. After the appropriate fees have been paid, the NVC will ask you to submit the necessary documents for immigrant visas, including application forms, civil documents, etc.

Application and documents – to be submitted:

Application form DS-260 (state.gov- registration with case number submitted by NVC. After completing the online application, the confirmation must be printed out and brought to the interview)
Notification of the delivery address of the documents issued
Paid immigration tax
Passport (only copy of the personal data page)
Birth certificate (original and a copy)
Marriage, divorce and death certificates (original and one copy)
Police clearance certificate (original and a copy)
Court and prison records (original and two copies)
Military files (original and one copy)
2 photos (according to guidelines state.gov)
Affidavit of Support Form (affidavit, to be filled out by the sponsor) gov(PDF)
Evidence of medical examination
Letter of invitation to the interview

Before the interview: If the application has been processed by the National Visa Center (NVC), the interview date will be arranged from NVC. You will be informed of further information and instructions. NVC will send the file with the petition and associated documents to the US embassy or consulate, where you will be interviewed. You (and lawyer / third party if applicable) will receive an email or letter stating the date and time of the Visa interview with instructions. You will also be informed that a medical report has been obtained.

After the interview: the consular officer will inform you after the interview if your visa will be approved. If it is rejected, you will be informed of the reason. You will receive a sealed package of documents that you must present to the US Customs and Border Protection (CBP) upon arrival in the United States at a border crossing port (often an airport). You must not open the sealed package.

Immigration through investment – “Employment-Based categories”

To qualify as a foreign investor, a non-borrowing foreign citizen must invest the following minimum amounts in a commercial company:

US $ 1,000,000 or
US $ 500,000 in a region with high unemployment or in rural areas that are considered a target work area

A qualified investor must create 10 jobs within 2 years. These 10 must be counted in addition to the investor, wife, son and daughter.

Investor Visa Categories

C5 Creation of jobs outside a target area
T5 Creation of jobs in a targeted rural area with high unemployment
R5 investor pilot program in a non-target area
I5 investor pilot program in a target area

Every year 7.1 percent of 140,000 immigrant visas are made available through a job for E5 investors. The procedure of the E5 category is listed below.

Petition

To be considered for an E5 immigrant visa, you must file a Form I-526 with the United States Immigration Service (USCIS). Form I-526 for download: www.uscis.gov

A certificate of employment is not required for investor immigrants. The petition on I-526 must be approved by USCIS before applying for an immigrant visa at a U.S. embassy or consulate outside the U.S.

Post Petition: After USCIS approves the petition, it will be sent to the National Visa Center (NVC). Upon receipt, NVC will receive a case number of the relevant petition. The NVC will instruct you to complete Form DS-261 (located at ceac.state.gov) and provide address and representative information. (If you already have a representative, the NVC will not instruct you to fill out Form DS-261).

Fees: The NVC will inform you about the relevant fees. After the fees have been paid, the NVC will ask you to submit the required immigrant visa documents including application forms, civil documents, etc. Spouses and children (under the age of 21) can apply for an immigrant visa based on the approved investor visa. Like you, everyone involved must complete the required application forms, submit the required documents, pay the fees, and undergo medical examinations.

Application and documents – to be submitted:

Application form DS-260 (state.gov- registration with case number submitted by NVC. After completing the online application, the confirmation must be printed out and brought to the interview)
Notification of the delivery address of the documents issued
Paid immigration tax
Passport (only copy of the personal data page)
Birth certificate (original and a copy)
Marriage, divorce and death certificates (original and one copy)
Police clearance certificate (original and a copy)
Court and prison records (original and two copies)
Military files (original and one copy)
2 photos (according to guidelines state.gov)
Evidence of medical examination
Letter of invitation to the interview

Before the interview: The interview date will be arranged by the NVC. You will be informed of further information and instructions. The NVC will send the file with the petition and associated documents to the US embassy or consulate, where you will be interviewed. You (and lawyer / third party if applicable) will receive an email or letter stating the date and time of the Visa interview with instructions. You will also be informed that a medical report has been obtained.

Immigration as part of family reunification – “family-based categories”

petition

First, a sponsor must submit an application. This can either be a US family member or a relative who is in possession of the green card. As soon as the petition is approved, all other steps can be continued. Petition Form I-130 to download: www.uscis.gov

Group A: For the spouse, parent, or child under the age of 21 of a US citizen. The petition is submitted to the US Consulate General in Frankfurt.
US Consulate General
Gießener Str. 30
60435 Frankfurt am Main
Tel.: +49 69 75350

Group B: Petition by family (outside of those named in Group A). The application is submitted to USCIS in the United States and processed by the National Visa Center (NVC) once approved.

According to petition

Group A: After the petition has been approved by the USCIS in Frankfurt (US Citizenship and Immigration Services), you will be informed by the immigration visa department in a letter (“Packet 3”) that the approved petition has been received. After receiving the letter, you can apply for a visa and submit all necessary forms and documents to the US Consulate General in Frankfurt. It takes 4 to 6 weeks until you receive the “Packet 3” letter.

Group B: Further information will be sent to you by the NVC.

fees

Group A: If the petition has been submitted to USCIS in Frankfurt, the visa processing fee must be paid on the day of the visa interview.

Group B: In the case of a USCIS petition, the fee is paid before the NVC begins processing.

Immediate Relatives & Family
Reunification Fees Petition: US $ 535.00 per applicant
Application: US $ 325.00 per applicant

Application and documents – to be submitted:

Application form DS-260 (state.gov- registration with case number submitted by NVC. After completing the online application, the confirmation must be printed out and brought to the interview)
Notification of the delivery address of the documents issued
Paid immigration tax
Passport (only copy of the personal data page)
Birth certificate (original and a copy)
Marriage, divorce and death certificates (original and one copy)
Police clearance certificate (original and a copy)
Court and prison records (original and two copies)
Military files (original and one copy)
2 photos (according to guidelines state.gov)
Affidavit of Support Form (affidavit, to be filled out by the sponsor) uscis.gov(PDF)
Evidence of medical examination
Letter of invitation to the interview

Before the interview

Group A: You have to arrange the visa interview yourself. However, you will be asked to do so by the embassy in a letter. The appointment must then be registered via the Visa Service Provider page. All required forms and documents should be submitted to the US Consulate General in Frankfurt in advance.

Group B: If the application has been processed by the National Visa Center (NVC), the interview date will be arranged from the NVC. You will be informed of further information and instructions. Before NVC can make the appointment for the interview, you must submit all the necessary documents. As soon as the interview date has been set, the NVC will send all documents to the respective US embassy or consulate. Only a limited number of visas are issued to certain groups of people each year:

Son / daughter (over 21 years)
Brother / sister (over 21 years)
Spouse and children of a relative in possession of a green card

After the interview

If the interview is successful, you will be sent a “visa package” within 10 working days. This package contains the following:

Visa in passport
Sealed envelope with personal documents (envelope must not be opened)
X-ray image / CD from the medical examination

Immigration by winning the Green Card Lottery – “Diversity Visa Program”

Every year 55,000 diversity visas are drawn. Generally, this draw takes place in October. Registration in this program is free of charge, but most of the time this is done through paid service providers. Visa fees are only incurred if there is a qualification. You can register during the participation period on the following website: dvlottery.state.gov

Requirements to qualify:

Higher School education. A high school education means the successful completion of a formal elementary and secondary school diploma comparable to completing a 12-year course in the United States; or
2 years of qualified work experience. If you qualify with work experience, you must have two years of experience in a profession in the past five years. Only certain professions qualify for the Diversity Visa program. At orgyou can check whether the current job is an option. The ranking must be at least 7.0.

If neither a higher education nor a qualified job can be proven, one cannot qualify for this visa. After completing the registration, your name and a confirmation number will appear on the page. This should be printed out and kept as it will be needed for further steps.

Selected participants are advised to fill out the online DS-260 application (ceac.state.gov – registration with case number submitted by NVC) immediately in order to arrange an appointment for an interview at the relevant US embassy or consulate (if the If something has changed in your family situation in the meantime, you will be disqualified).

On the Sign and Submit page of the DS-260, you will need to re-enter your DV case number without the zeros (for example, if the case number is 2018AF0000012345, enter 2018AF12345). Entering the full case number with zeros will result in a validation error.

Fees: Diversity Visa (DV) applicant lottery US $ 330.00 per applicant. In most cases, the fee must be paid before the scheduled interview is conducted. This must be checked beforehand. There may be individual additional costs, which depend on the respective consulate or embassy.

Before the interview: You will receive the interview date from the Kentucky Consular Center by email. You will then be able to see the date, time and location of the interview on the Electronic Diversity Visa website using your DV confirmation number.

Application and documents – to be submitted:

Application form DS-260 (state.gov- registration with case number submitted by NVC. After completing the online application, the confirmation must be printed out and brought to the interview)
Passport (only copy of the personal data page)
Birth certificate (original and a copy)
Marriage, divorce and death certificates (original and one copy)
Police clearance certificate (original and a copy)
Court and prison records (original and two copies)
Military files (original and one copy)
2 photos (according to guidelines state.gov)
Date information from the participant status check on the E-DV website
School report (e.g. equivalent to a US Professional qualifications that are not regarded as the basis for further academic studies are not considered to be equivalent to higher education in the USA)
Proof of professional qualification
Form I-212 (PDF to download in case of prior US government deportation: uscis.gov)
Certificate of supervision (in the case of child adoption)

United States