If a non-citizen marries or plans to marry a U.S. citizen, her spouse or fiancée can bring her into the United States. After completing a Petition for Alien Relative (for spouses) or Petition for Alien Fiancé(e) and a visa is issued, the non-citizen's immigration status will be spouse or fiancé(e) of an American citizen. Non-citizens with spouse or fiancé(e) status are permitted to work in the United States provided that they obtain a work permit by completing the Employment Authorization Document. Non-citizens with a fiancé(e) visa must get married within 90 days, and once married non-citizens with spouse status can remain in the United States permanently, unless the marriage ends.
Student Status
The United States also offers student immigration status for foreign students. A student visa takes six to eight weeks to obtain and a foreign student is eligible for student immigration status if he shows that he can adequately speak, read, write and understand English, maintain his finances throughout his study and has been admitted into an academic program. Once a foreign student is granted student immigration status, he can remain in the United States for as long as he is enrolled in an academic program or is completing research for post-doctoral work. Foreign students are permitted to maintain employment on campus, but cannot work off campus unless there is a significant, unexpected hardship.
Temporary Visitor for Business
If a non-citizen must enter the United States for business purposes of a short-term nature, she is eligible for Visitor for Business status. A visa of this type takes two to four weeks to obtain. A non-citizen with this status is permitted to remain in the United States for six to 12 months, though this term can be renewed. While in the United States, the non-citizen is not permitted to earn a salary and can only maintain an income sufficient to pay for travel expenses, as well as food, lodging and necessities.
Long-Term Employment
Non-citizens that have "distinguished merit and ability" are eligible for employment immigration status. Such visas take three to four months to process. An immigrant with employment status is permitted to earn an unlimited income, provided that their employer files a petition, and that immigrant is classified as a resident alien for income tax purposes.
The United States gives preference to non-citizens requesting employment status depending upon the level of merit and ability. The most qualified non-citizens are granted visas because they are members of the first two preference categories. The First Preference is reserved for non-citizens who have extraordinary skills, including in the arts and athletics, or education and research. The Second Preference includes non-citizens who hold advanced degrees (doctorate or professional) and have outstanding abilities in business, science and education.
