The Immigration and Nationality Act (INA) and other immigration laws identify these reasons, known as ineligibilities. In some immigrant visa instances, you, the visa applicant, or the U.S. petitioner, may be able to overcome some ineligibilities. Other ineligibilities are indefinite. This means that even if you fulfill all other requirements for a visa, INA rules will still deny you a visa because of your inability to meet a particular requirement.
For example, if you were trying to get a visa based on your relationship with a U.S. citizen and one of them died, you would be unable to do so unless another U.S. citizen married you within 90 days after the death of the first. Even if you satisfied all other requirements for a visa, this inelibility would prevent the embassy from issuing one.
Another example is age. If you were under 18 when you entered the United States, then you cannot receive an OV-user visa number. Your only chance of getting such a visa is if you can prove to the embassy that you qualified as an orphan prior to turning 18. Otherwise, you will have to wait until you are an adult to reapply for a new visa number.
There are also several statutory bars to becoming a U.S. citizen. For example, anyone who has been convicted of certain crimes including terrorism offenses, human trafficking offenses, and military crimes cannot become citizens.
The Immigration and Nationality Act is the body of law that governs contemporary immigration policy (INA). The INA authorizes the United States to issue up to 675,000 permanent immigrant visas in various visa categories each year. Every year, the United States welcomes a wide range of noncitizens on a temporary basis. These visitors work, study, or perform other tasks while their cases are pending. Many types of immigrants may be granted temporary status - such as workers, students, refugees, and investors. A small but increasing number of Americans have chosen to move to another state and become eligible for new voter registrations. This practice is known as "citizen migration." No federal agency tracks how many people move across state lines but estimates range from less than 2 million to more than 5 million per year.
In addition to these permanent changes in residence, the United States grants certain non-permanent residents what is called "temporary protection" from deportation. Under this program, also called "deferred action," the Homeland Security Department can decide to defer removal proceedings for certain individuals who meet strict eligibility requirements. For example, an individual might be able to apply for deferred action if he or she has been convicted of a felony and has served out his or her sentence. Other factors may play a role in whether an applicant is granted deferred action; for example, officials may want to give people a chance to improve their situations before they face expulsion.
It also provides for the admission of foreign workers as "temporary" residents or "non-permanent residents" of the United States.
Foreign nationals who meet certain qualifications can be granted legal permanent residence status. To do so, they must first obtain a job offer from an American employer. The employee then has one year to apply for a work permit. If the employee's national origin is not already clear from their job offer, it can be confirmed by looking them up in a database called LEAP. This is how US employers know whether or not they can legally hire them.
Immigration officers at ports of entry can grant temporary stays to travelers who lack proper documents. Most commonly, this happens to individuals seeking protection from persecution in their home countries. Immigration officers determine whether or not someone qualifies as a refugee by considering factors such as past persecution and whether or not another option exists in the person's country of origin that would protect them from future harm.
If an individual is found to be eligible for a temporary stay, an immigration officer will issue them with a document called an "Order of Parole".
Applications for adjustment of status (I-485) and immigrant intent It is rather usual for foreign citizens to enter the United States on a temporary visa and then apply for adjustment of status by completing Form I-485. This is another another issue that might be a major roadblock. In order for an employer to be eligible for H-1B specialty occupation status, they must prove that they tried to hire an American worker first. If they are unable to find such a person, they would have to file a Labor Condition Application with the Department of Labor and offer the job to an American worker.
This means that if an employer wants to sponsor an H-1B worker, they need to begin the process by looking for and trying to hire American workers before seeking out foreign talent. The good news is that there are ways around this limitation. One option is to try to find a way to become an "intended beneficiary" of an existing H-1B petition. If you can show that you qualify as such, you can often be granted a license to work in the United States. Your employer only needs to confirm your employment history and other qualifications against those of the original petitioner. If your application is approved, the employer can then switch the petition over to you.
The other option is to start your own business and seek out custom H-1B contracts with other companies.