Emigrating From Malaysia to the United States

Often described as the ‘Land of Opportunity’, it’s not surprising that many Malaysian residents have decided to chase the American dream and move to the United States. Living overseas is a great adventure, and moving to the US can provide a wealth of new opportunities. With world class Universities, a wide range of industries and career paths, and many natural and urban wonders to explore, the US provides significant incentives which entice people to make the move.

However, emigrating to the US is not an easy experience nor is it particularly straightforward. You’ll need to do more than simply book a flight and pack your bags, moving to the US requires undergoing a lengthy immigration process. As an experienced international relocation company, we’ve broken down the process and how you can make your move to the US!

Who Can Apply for Immigration to the US?

If you’re excited to make the move to the US, you aren’t alone! Moving to the US can be competitive so there are some restrictions on who can apply for immigration and a number of  different immigration classifications. You will also need a valid Malaysian passport to apply for immigration and enter the US. 

There are four primary avenues of immigration to the US: family-based immigration, employment-based immigration, using a fiancé visa or a diversity visa.

If you are already in the US on a different visa (such as a tourist visa), you are ineligible to apply for immigration. Instead, you’ll apply for a Green Card. 

It’s important to note that a visa doesn’t guarantee entry into the United States, the Department of Homeland Security U.S. Customs and Border Protection (CBP) immigration inspectors will determine whether you are authorised or denied entry. 

Family and Fiancé-Based Immigration

Anyone looking to emigrate to the United States from Malaysia must first petition the US Citizenship and Immigration Services (USCIS) and have this approved. A petition is defined as a request of the Government, which in an immigration context involves submitting an immigration form. 

Once the petition is approved, you are free to apply for a non-immigrant visa or for an immigrant visa for a spouse. You can find more information regarding required forms and any corresponding fees on the USCIS website or our agents at Allied can help arrange these forms. 

For fiancés of American citizens, a K-1 visa permits the foreigner to visit the US and marry their partner within 90 days of arrival. They must apply for this visa after first petitioning the USCIS.

Employment-Based Immigration

Emigrating to the United States from Malaysia under employment-based immigration can be time-consuming and complicated so be sure to go through the process with an expert.

Your employer will need approval of a labour certification from the Department of Labor. The employer then files an Immigrant Petition for Alien Worker form through the USCIS. This must be completed before the visa application is processed. Those considered to have “extraordinary abilities”, within the sciences, arts, education or business, through sustained national or international acclaim are able to file an EB-1A petition themselves.

The Diversity Visa

The Diversity Visa (DV) is open to citizens of Malaysia. It is for people from countries that have a historically low rate of immigration to the US and is randomly awarded. If you were born in an eligible country and meet the education and work experience requirement for the DV program, you can enter the DV lottery. You will need to include any dependents you wish to bring with you. More than 50,000 diversity visas are awarded each year, but there are large numbers of people applying so it is not a guarantee. 

How Long Can I Stay in the US on a Visa?

Even after being approved and receiving a visa, they can still expire. The expiration date will depend on your specific visa and circumstances.

If your visa expires before you have travelled to the US, you do not need to file another petition but will be required to submit a new application and pay the relevant fees.  

What’s the process of applying for Immigration to the US?

If you are applying for immigration via the family, fiancé or employment-based route, you will be required to undergo a 12-step process. This process involves both the Petitioner and the Applicant. The Petitioner is the person who is a lawful permanent resident or US citizen who files the petition for you (the applicant). 

The interview process will involve you undergoing a medical examination, gathering relevant documents (such passport, supporting documents, photographs etc) and then being interviewed by a consular officer. A petitioner does not need to attend the interview, but the applicant, spouse and any children immigrating with you must attend.

Image Source: Travel.state.gov (US Department of State - Bureau of Consular Affairs

If you are applying for the Diversity Visa, it’s a different process. Unlike with the family, fiancé and employer process, you (the applicant) submits an entry opposed to a petitioner first submitting a petition. The selection of your application depends on the lottery not the quality, and you then need to submit a visa and registration before the interview process.

Similar to the interview stage in the above process, you will undergo a medical examination, prepare for the interview and be interviewed by a consular officer who will determine whether you will receive an immigration visa. 

Image Source: Travel.state.gov (US Department of State - Bureau of Consular Affairs)

How long does it take to process and receive a US Visa?

The processing and waiting time for a immigration visa will depend on the specific visa as well as other factors such as increased demand and prioritised visas for those at risk (for example, the Russia and Ukraine conflict). 

It is common for your visa to be processed within 60 days following your interview, however it can occasionally take more than 6 months. To receive an accurate processing time for your visa, contact the USCIS.  

What documents are required to apply?

As mentioned above, you will require a range of documents including:

• Passport
• Birth certificate
• Evidence of qualifications such as high school completion certificate, work experience and University degrees
• Marriage certificate
• Photographs
• Evidence of sufficient income or financial stability 

To find out more about the specific documents you will require, visit the US Immigration website. 

What criteria can give my application priority?

If you have certain skills which are in demand or immigrating from a country with few immigrants, you may have priority when applying. You can find out more information here. 

Beware of websites or businesses who say they can put your application at the front of the queue and give it special priority in exchange for a substantial fee. It’s best to discuss application priority directly with the USCIS to avoid being scammed or taken advantage of. 

How Much Does it Cost to Apply to Emigrate to the US?

The cost of applying to emigrate to the US can quickly add up. The table below is intended to act as a basic guide and costs may vary.