Temporary Worker Visas

A citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for a temporary stay, or an immigrant visa for permanent residence. Temporary worker visas are for persons who want to enter the United States for employment lasting a fixed period of time (not permanent or indefinite).

Categories of temporary worker visas include:

● H-1B visa: Person in specialty occupation ● H-1B1 visa: Free Trade Agreement (FTA) professional ● H-2A visa: Temporary agricultural worker ● H-2B visa: Temporary non-agricultural worker ● H-3 visa: Trainee or special education visitor ● L visa: Intracompany transferee ● O visa: Individual with extraordinary ability or achievement ● P-1 visa: Individual or team athlete, or member of an entertainment group ● P-2 visa: Artist or entertainer in a reciprocal exchange program (individual or group) ● P-3 visa: Artist or entertainer in a culturally unique program (individual or group) ● Q-1 visa: Participant in an international cultural exchange program

Jus Sanguinis vs. Jus Soli

In the United States, a newborn child can acquire U.S. citizenship at birth through the legal principles of “jus soli” or “jus sanguinis.”

Jus soli is the right to citizenship of anyone born within the nation’s boundaries. In other words, a child born on U.S. soil is automatically a U.S citizen at birth.

Jus sanguinis is the right to citizenship based on the citizenship of one’s parents. Children may automatically be U.S. citizens at birth if either or both parents are U.S. citizens.

Anyone acquiring U.S. citizenship through jus soli or jus sanguinis does not need to go through the naturalization process. Naturalization is the conferring of U.S. citizenship upon a person who did not acquire U.S. citizenship at birth after the person completes the required steps to naturalization (application, fees, interview, tests, etc.)

U.S. Green Card vs. U.S. Citizenship: What are some of the key benefits to acquiring citizenship?

● A citizen can remain in the U.S. forever. A green card holder must renew the green card every 10 years in order to remain in the U.S.

● A green card is more expensive over the long term because you have to renew it (and pay a new filing fee) every 10 years. Citizenship only requires a one-time filing fee.

● A citizen is eligible to receive a U.S. passport. Many countries allow visa-free travel for U.S. citizens.

● A citizen can leave and reenter the U.S. at any time without being subject to the grounds of inadmissibility or requiring a reentry permit.

● There are no restrictions on the number of days a citizen can remain outside the United States. A green card holder who spends a substantial amount of time outside the United States may risk losing their permanent resident status.

● A citizen can vote in federal and local elections. Green card holders are not permitted to vote (and can have citizenship denied for attempting to vote while holding a green card).

● Certain government jobs are only available to citizens.

● A citizen can run for office in public elections.

● A citizen can sponsor more family members to immigrate.

● A citizen cannot be deported from the United States, whereas green card holders can be deported for committing certain crimes or security violations.

● A green card can be revoked. Citizenship cannot be revoked (unless the person committed fraud in acquiring citizenship).

● In many cases, only citizens are eligible for college scholarships and financial aid.