[K Visas]

Fiancé and Spouse of US Citizen Visa

The K-1 and K-3 visas are nonimmigrant visas designed to help U.S. citizens reunite with their foreign fiancé(e)s or spouses in the United States. The K-1 visa allows a U.S. citizen to bring their foreign fiancé(e) to the U.S. for the purpose of marriage; the couple must marry within 90 days of the fiancé(e)'s entry, after which the foreign national can apply for adjustment of status to become a lawful permanent resident. The K-3 visa, on the other hand, is for foreign spouses of U.S. citizens who are awaiting immigrant visa processing. It allows the spouse to enter and live in the U.S. temporarily while their immigrant petition is pending. While both visas facilitate family reunification, the K-1 is used before marriage, and the K-3 is used after marriage.

[Family-based Immigrant Visa]

Family-based immigrant visas are available to close relatives of U.S. citizens and lawful permanent residents. Eligible categories include immediate relatives (spouses, parents, and unmarried children under 21 of U.S. citizens) and preference categories for other family relationships. These visas are subject to numerical limits depending on the category and the applicant’s country of origin. The process typically involves an I-130 petition, consular processing, and eventual permanent residency.

[Employment-based Immigrant Visa]

Employment-based immigrant visas are available to individuals with job offers or qualifications in specific employment categories. Most categories require labor certification and an employer sponsor, although some allow self-petitioning. Successful applicants receive lawful permanent resident status based on their employment qualifications.


EB-1(a) (Individuals with Extraordinary Ability):
The EB-1(a) is for individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics, demonstrated through sustained national or international acclaim. No job offer or employer sponsorship is required, and applicants may self-petition. This category is ideal for individuals at the top of their field, such as award-winning researchers, athletes, or industry leaders.

EB-1(b) (Outstanding Professors and Researchers):
The EB-1(b) is for outstanding professors and researchers who are internationally recognized in their academic field and have at least three years of experience in teaching or research. A permanent job offer from a U.S. university or research institution is required. The sponsoring employer must demonstrate the applicant’s international recognition and contributions to their academic discipline.

EB-1(c) (Multinational Executives and Managers):
The EB-1(c) is for executives or managers who have been employed by a multinational company outside the U.S. for at least one year within the last three years and are being transferred to a U.S. affiliate, parent, subsidiary, or branch. The position in the U.S. must also be managerial or executive in nature. This category is commonly used for L-1A visa holders transitioning to permanent residency.

EB-2 (Advanced Degree Professionals and Exceptional Ability):
The EB-2 is for individuals who hold an advanced degree or possess exceptional ability in the sciences, arts, or business. Most EB-2 applicants require a job offer and an approved labor certification (PERM). The employer must show that there are no qualified U.S. workers available for the position.

EB-2 NIW (National Interest Waiver):
The EB-2 NIW allows individuals who meet EB-2 requirements to waive the job offer and labor certification if they can demonstrate that their work has substantial merit and is in the national interest of the United States. This is commonly used by researchers, entrepreneurs, and professionals whose work benefits the U.S. economy, health, education, or technological advancement. No job offer or employer sponsorship is required, and applicants may self-petition.

EB-3 Professional:
The EB-3 Professional category is for individuals who are offered a permanent position in the United States that requires at least a U.S. bachelor’s degree or its foreign equivalent. A permanent job offer and an approved labor certification (PERM) are required. This category is widely used across various professional fields such as business, education, and technology.

EB-3 Skilled Worker:
The EB-3 Skilled Worker category is for individuals who are offered a permanent position in the United States that requires at least two years of training or work experience. A permanent job offer and an approved labor certification (PERM) are required. Skilled worker positions typically include roles in trades, healthcare, and technical fields.

EB-3 Unskilled Worker (Other Workers):
The EB-3 Unskilled Worker category is for individuals who are offered permanent employment in positions that require less than two years of training or experience. This category also requires labor certification (PERM) and a permanent job offer, and it often has a longer waiting period due to high demand.

EB-4 (Special Immigrants):
The EB-4 category is for "special immigrants," including religious workers, certain long-term U.S. government employees abroad, special immigrant juveniles, and others in designated groups. Many EB-4 subcategories do not require labor certification. Each subcategory has specific eligibility and filing requirements.

EB-5 (Immigrant Investor Program):
The EB-5 visa is for investors who invest a minimum of $800,000 in a targeted employment area (or $1,050,000 elsewhere) in a new commercial enterprise that creates at least 10 full-time jobs for U.S. workers. Investors can petition for permanent residency for themselves and their immediate family members. This category leads directly to a green card without employer sponsorship.

[SB-1 Visa]

The SB-1 visa is for lawful permanent residents who remained outside the United States for more than one year (or beyond the validity of their reentry permit) and wish to return to resume their permanent residence. Applicants must prove they departed the U.S. with the intent to return and that their prolonged stay abroad was due to circumstances beyond their control. The SB-1 process involves a consular interview and medical examination, and approval allows reentry as a returning resident.

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Manhattan

25 W. 31st Street, 12th Floor

New York, NY 10001

Tel: (212) 868-2200

Fax: (888) 855-1489

New Jersey

1372 Palisade Avenue, 2nd Floor

Fort Lee, NJ 07024

Tel: (201) 490-6030

Fax: (888) 855-1489

Manhattan

25 W. 31st Street, 12th Floor

New York, NY 10001

Tel: (212) 868-2200

Fax: (888) 855-1489

New Jersey

1372 Palisade Avenue, 2nd Floor

Fort Lee, NJ 07024

Tel: (201) 490-6030

Fax: (888) 855-1489

© 2026 Chongwon Law Group

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Non- Immigrant Visa

Non- Immigrant Visa

Immigrant Visa

[K Visas] Fiancé and Spouse of US Citizen Visa

[Family-based Immigrant Visa]

[Employment-based Immigrant Visa]

[SB-1 Visa]

Immigrant Visa

[K Visas] Fiancé and Spouse of US Citizen Visa

[Family-based Immigrant Visa]

[Employment-based Immigrant Visa]

[SB-1 Visa]

U.S. Embassy & Waiver Matters

U.S. Embassy & Waiver Matters

Citizenship & Naturalization

Citizenship & Naturalization

Motion and Appeal Practice

Motion and Appeal Practice

Removal defense

Removal defense