• Unlawful Presence in the United States
  • A person who has been unlawfully present in the United States for more than 180 days but less than one year is inadmissible for three years.
  • A person unlawfully present for one year or more is inadmissible for ten years. This bar is commonly referred to as the 3/10-year bar. Sometimes, this waiver may be applied for before applying for residence by applying for a provisional waiver.
  • Illegal entry, illegal immigration, and overstaying the period of stay authorized in the visa count as a status violation in the immigration laws and accrue unlawful presence.


• Fraud or Misrepresentation. A person who has fraudulently or wilfully misrepresented a material fact in order to obtain an immigration benefit.


• Criminal Grounds. A person who commits two or more offenses for which the aggregate sentences to confinement were more than 5 years is inadmissible.


• Health-Related Grounds. Four basic medical conditions may make an applicant inadmissible on health-related grounds:
  • Communicable disease of public health significance,
  • a failure to show proof of required vaccinations,
  • physical or mental disorder with associated harmful behavior,
  • and drug abuse or addiction.

• Likely to Become a Public Charge. A person who is considered primarily dependent on the government in the future.


• Prior Removal. A person who was removed through summary exclusion proceedings or through removal proceedings initiated upon the person’s arrival in the United States is inadmissible for five years.


• Inadmissibility on Moral Grounds. A person who has committed a crime of moral turpitude.


• Security and Related Grounds. A person who has committed espionage, sabotage, or prohibited export of sensitive technology, or sensitive information.


• Smuggling


• Other Miscellaneous Grounds. A person who has committed international child abduction, practicing polygamy, falsely claiming citizenship.

Employers in the United States may employ foreign nationals in specialty occupations pursuant to H-1B visa status.  A “specialty occupation” is defined as requiring theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor, including, but not limited to, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, law, accounting, business specialties, theology, and the arts.  A specialty occupation requires the attainment of a bachelor’s degree or its equivalent (at a minimum).  The foreign national worker must possess at least a bachelor’s degree (or its equivalent) and state licensure if required in the occupation.  H-1B work authorization is limited to the employment position described in the H-1B petition and the petitioning employer.

Spouses and unmarried minor children of the H-1B visa holder may obtainH-4 visas to reside and study in the United States; however, they are not eligible to work in this visa classification.