Immigrating to the US from Netherlands

Know the Visa Type

Dutch citizens who want to immigrate to the US from the Netherlands must choose a specific US visa that suits their aim of entering the country. For example, you may choose a US Family-based visa to join your family member who resides in the US or get an Employment-based visa to engage in work activity in the US.

Once you’ve chosen the specific visa that will grant you entry into the US, you must access the visa application form on the website of the US Department of State. Fill out the form with the needed information and pay the visa processing fee. US visa processing fees vary as the actual fee to pay depends on the visa type you’re applying for and the purpose it serves.

Next, you will be required to attend a visa interview at the US embassy or consulate nearest to your residence in the Netherlands. After the interview, a decision will be made on your application and the timeframe needed for the decision depends on the visa type, when you filed the visa application, etc.

As a Dutch citizen, if you want to enter the US for a short-term stay not exceeding 90 days, you are not required to get a US visa to enter the country. This is due to the participation of the Netherlands in the US Visa Waiver Programme (VWP) which allows the citizens of the countries included to enter the US visa-free for up to 90 days for business, tourism, etc.

Dutch citizens must have the following to enter the US visa-free:

Page Contents

• Visa Guide: How to Move from the Netherlands to the U.S.
• Tips for a Smooth Transition
• Which Visa is Right for Me?
• Special Considerations
• How Can Our Lawyers at US IAS Help You?
• Frequently Asked Questions

Valid US ESTA

The US ESTA (Electronic System for Travel Authorisation) is managed by the US Customs and Border Protection and the Department of Homeland Security. The ESTA is only valid for 2 years, and within this period of validity, the holder is allowed to enter the US several times (on multiple entries). On each entry, the holder will be permitted to stay in the US for up to 90 days.

When you obtain the US ESTA, you will not be allowed to take up full-time jobs or long-term studies. You will be permitted to carry out several activities with your US ESTA, including tourism, business, medical treatment, and so on.

Dutch Passport

You are required to provide your Dutch passport to prove that you’re from the Netherlands. Note that your ESTA is linked to your Dutch passport. Your Dutch passport should at least be valid for an additional 6 months beyond your date of entry into the US.

Different Types of Visas Available for Individuals from the Netherlands

Dutch citizens can apply for the following visas to immigrate to the US. They include:

• Fiancé(e) visa
• Family-based visa
• Employment-based visa

Fiancé(e) Visa

The Fiancé(e) visa is also known as the K1 visa non-immigrant visa. It permits its holder to travel to the US and get married to their US citizen fiancée or fiancé within 90 days. After entering the US, the holder must apply to the U.S. Citizenship and Immigration Services (USCIS) to adjust their status to that of a Lawful Permanent Resident (LPR). The children of a K1 visa holder (if any) can apply for a K2 visa.

Eligibility for the Fiancé(e) Visa

Dutch citizens who want to apply for a Fiancé(e) visa must meet the following eligibility requirements:

• You must have a genuine relationship with your fiancé(e) or fiancé.
• The petitioner must be a US citizen.
• You must have met your US citizen petitioner in the last 2 years. An exception could be for cultural factors or extreme hardship.
• You must be unmarried and be able to be married legally.
• You must get married within 90 days.
• Criminal and medical tests.
• Your US citizen fiancée or fiancé earns up to $60,000 minimum income threshold.

Required Documents for the Fiancé(e) Visa

Provide the following documents when applying for a Fiancé(e) visa:

• Two passport-sized pictures that meet the visa photo requirements set by the USCIS.
• Non-immigrant visa application form (Form DS-160). Dutch citizens can apply for a K1 and K2 visa using the Form DS-160.
• Affidavit of Support (Form I-134), if needed, to prove that you have financial support during your stay in the US.
• A valid passport that must be valid beyond the period of your stay in the US.
• Visa payment receipts.
• Birth certificate.
• Evidence you have a genuine relationship with a US citizen fiancé(e) or fiancé.
• Death or divorce certificate (for partners who were previously married) to prove that such a relationship was legally dissolved.
• Medical examination certificate.
• Police clearance certificate received from the Central Criminal Record Office, Ministry of Justice of Netherlands and maintained at the Central Criminal Record Department of the Netherlands Police Authorities. This certificate must prove that you are of good conduct and have not indulged in a crime in the Netherlands.

Family-based Visa

Family-based visa can allow Dutch citizens to enter the US and stay with a US citizen or LPR. This visa is a type of US immigrant visa, and it is of two categories, namely, the Immediate Relatives and Family Preference cases.

The Immediate Relatives is typically based on close family relationships and it covers spouses, parents and unmarried children under the age of 21. The allowable immigrants under the Immediate Relatives categories are not capped each fiscal year.

Whereas Family Preference Cases are specifically designed for more distant familial links with citizens of the US and certain relationships with Lawful Permanent Residents (LPRs). The allowable immigrants under the Family Preference Cases categories are capped each fiscal year and they also cover US citizen’s married children, siblings, etc.

Eligibility for the Family-based Visa

Dutch applicants must meet the following eligibility criteria to be eligible for a US Family-based visa.

For Immediate Relatives:

• Parents of a 21-year-old US citizen.
• Spouse of a US citizen.
• Unmarried children of a US citizen under 21 years old.

For Family Preference Cases (Family member of a US citizen):

• Unmarried children of a US citizen who are more than 21 years old.
• Married children of a US citizen.
• Sibling of a US citizen who is at least 21 years old.
• For family members of a US LPR:
• Unmarried children of US LPR who are at least 21 years old.
• Unmarried child who is not up to 21 years old.
• Spouse of a lawful permanent resident.

Required Documents for the Family-based Visa

Dutch citizens must present the following documents to apply for a US Family-based visa:

• Visa application form (Form DS-260).
• Two passport-sized photographs that satisfy the USCIS visa photo guidelines.
• Dutch passport having at least an 8-month validity period on the day of obtaining the visa.
• Birth certificate stating your parents’ names, date and place of birth.
• Visa fee payment receipt.
• Adoption documents. Provide the certified copies of the final adoption decrees if you and/or your child (if any) were adopted. Get an original name change certificate if you and/or your child changed names after or due to an adoption.
• Marriage certificate (for a spouse based in the US).
• Proof of the termination of your marriage if you or your spouse were previously married. To prove this, provide an annulment or final decree of divorce or the death certificate of your spouse.
• Police clearance certificate to prove that you have no criminal record in the Netherlands.
• Prison or court records, if you were previously arrested in the Netherlands.
• Military records, if you engaged in military service.
• Proof of having a familial relationship with the family member you want to join in the US.
• Status verification plus the address of the family member based in the US.

Employment-based Visa

Dutch citizens who have an employment offer from a prospective US employer can apply for one of the Employment-based visas to immigrate to the US. This visa can allow Dutch citizens to enter the US with their children and spouses.

The Employment-based visa is capped with about 140,000 immigrant visas made available each fiscal year. Once the limit is reached, the remaining applications are moved to the following year.

The Employment-based visa is divided into 5 categories, namely:

• Visa for priority workers and individuals with extraordinary ability (E1 visa).
• Visa for professionals who possess advanced degrees and people of exceptional ability (E2 visa).
• The visa for unskilled, skilled, and professional workers (E3 visa).
• Visa for ministers of religion, broadcasters, and other special immigrants (E4 visa).
• The visa for immigrant investors (E5 visa).

Before you apply for the above-mentioned Employment-based visas (E1, E2, E3, E4 and E5) you must meet their eligibility requirements. The processing time of the Employment-based visa is usually lengthy and you may be required to wait for some years to get a decision on your visa application. Some of the Employment-based visa categories will require your prospective employer to be issued a labour certification by the Department of Labour (DOL).

Additionally, before you apply for an Employment-based immigrant visa, you must first receive a job offer from your prospective US employer. After that, the DOL may now allow your prospective employer to employ you as an immigrant worker.

Required Documents for the Employment-based Visa

Dutch citizens seeking to obtain an Employment-based visa must meet the following requirements:

• Two passport-sized photographs that comply with the US visa photo guidelines set by the USCIS.
• Form DS-260 filled out and signed.
• Dutch international passport that will be 6 months valid beyond your date of entry into the US.
• Visa application fee payment receipt.
• Birth and marriage certificates plus other civil status documents.
• Medical examination certificate.
• Evidence of financial resources to cater for your needs when you enter the US. To prove this, you may provide your bank statement. If the US-based sponsor will cover your expenses, they can file Form I-864 as proof.

Note that the requirements mentioned above are not all-encompassing due to variations in applicants’ situations. In relocating to the US from the Netherlands, you may be required to provide additional supporting documents to back up your application.

Besides that, ensure that all documents in a foreign language are translated into English by a licensed translator. Also, ensure that the translated documents are duly notarised.

As a Dutch citizen seeking to immigrate to the US, if you have a bad criminal record, you must prove to the US authorities that those issues have been resolved by providing additional documents. Generally, you must obtain a criminal record certificate in the Netherlands to prove that you are of good conduct and wouldn’t disrupt law and order in the US when you move into the country.

Additionally, if you battle any unique medical condition, it’s best to include them in your visa application. For this reason, applicants are required to undergo a medical checkup and present a medical examination certificate as proof.

Our immigration lawyers at IAS can help assess your criminal history and suggest the best steps to navigate the application process. Our immigration lawyers can also assist in guiding you to make an application that has a great chance of obtaining a favourable decision. Call us today on +1 844 290 6312 or contact us online.