There are three main methods to obtain a permanent residency / immigrant visa:
First: Family Based Petition
U.S. Citizens or Legal Permanent Residents may file a family based petition on behalf of the following:
• Immediate relative of a U.S. citizen
1) spouses of a U.S. citizen,
2) unmarried people under the age of 21 who have at least one U.S. citizen parent,
3) parents of U.S. citizens, if the U.S. citizen child is over the age of 21.
Note: immediate relatives may immigrate to the U.S. in unlimited numbers. A quota does not apply.
• Preference relative of a U.S. citizen or Legal Permanent Resident
• First Family Preference - unmarried people, any age, who have at least one U.S. citizen parent.
• Second Family Preference
1) spouses and children under 21 years old of Legal Permanent Residents,
2) unmarried sons and daughters of Legal Permanent Residents who are at least 21 years old.
• Third Family Preference - married people of any age who have at least one U.S. citizen parent.
• Fourth Family Preference - sisters and brothers of U.S. citizens, where the U.S. citizen is at least 21 years old.
• Accompanying relative of someone in a preference category 1) spouses, 2) unmarried children under 21.
Second: Employment Based Petition
U.S. employers may file an immigrant preference petition on behalf of a foreign worker.
In order to qualify for a immigrant visa [Green Card] through employment a foreign worker must: • Have a specific job offer from a U.S. employer,
• Have the appropriate education and work experience for the job offered,
• There must be no qualified American Citizen willing and able to take the job-[Labor Certification ] except in categories where Labor Certification is not required.
Whether a foreign person needs a Labor Certification to obtain an immigrant visa [Green Card] through employment depends on the preference work category.
The five employment preference categories are:
Employment First Preference [No Labor Certification required]
Priority workers persons of extraordinary ability,
2) outstanding professors and researches,
3) transferring executive or managers of multinational companies.
Employment Second Preference [Labor Certification required]
Workers with advanced degree or exceptional ability
1) advanced degree professionals,
2) persons of exceptional ability.
Note: A Labor Certification and job offer requirements could be waived in the second category if the applicant's presence will 'benefit' the U.S. in the future. By 'benefit' the USCIS means a favorable impact on economic, employment, educational, housing, cultural or other important aspect of the country.
Note: the impact must be national and substantial.
Employment Third Preference [Labor Certification required]
Skilled or unskilled workers without advanced degree
1) professional workers {bachelor degree and less than five years of work experience},
2) skilled workers {with at least two years of training experience},
3) unskilled workers {less than two years of training experience}.
Note: no waivers for labor certification or job offer requirements are available.
Employment Fourth Preference [No Labor Certification required]
Religious workers and various miscellaneous categories of workers and other individuals
1) religious workers,
2) foreign medical graduates,
3) former overseas U.S. government workers,
4) retired employees of international organizations,
5) persons employed in the United States Consulate in Hong Kong,
6) persons declared dependent on a Juvenile Court,
6) accompanying spouses or children under 21 of a special immigrant.
Employment Fifth Preference [No Labor Certification required]
Individual investors willing to invest $1,000,000 in a U.S. business [or $500,000 in economically depressed area]
Third: Diversity Lottery Program
The U.S. also makes available a number of immigrant visas for persons who were born in certain countries and regions from which the U.S. has experienced relatively low immigration during the prior five years. Such persons are the primary recipients of these so-called lottery visas.
For more details on the Diversity Lottery click: http://travel.state.gov/visa/immigrants/types/types_1318.html
To register for Diversity Lottery click: http://www.dvlottery.state.gov/
Refugee and Asylum Applications
Persons with a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion may be eligible to apply for asylum or refugee status in the U.S.
Other Areas in which we can assist clients regarding immigration questions:
• Naturalization Applications
• Consulting on the Impact of US Immigration Law on Mergers, Acquisitions and other Business Transactions
• Immigration Law and International Adoptions
