| Immigrant Visas |
| Overview |
An immigrant visa, or "green card" as it is commonly called, allows a foreign
national to live and work permanently in the U.S. By being granted an immigrant visa, an
individual becomes a "Legal Permanent Resident of the U.S."
|
| Family Based Immigration |
Immediate relatives of U.S. Citizens:
These individuals are eligible for immigrant visas without having to wait for a visa number
to become available. Keep in mind, however, that the term "immediate relative"
only includes spouses, parents and children under the age of 21.
Preference
Categories:
For those qualifying family members who are not "immediate relatives" as defined
above, only a limited amount of immigrant visas may be issued each fiscal year. As a result,
long waiting lists usually develop according to each preference category. Those categories
are:
| 1). |
Unmarried Sons and Daughters of U.S. Citizens
(21 years of age or older) |
| 2). a |
Spouses and Children of Legal Permanent Residents
(21 years of age or older) |
| b |
Unmarried Sons and Daughters of Permanent Residents
(21 years of age or older) |
| 3). |
Married Sons and Daughters of U.S. Citizens
(21 years of age or older) |
| 4). |
Brothers and Sisters of Adult U.S. Citizens |
|
| Employment Based Immigration |
Like the family based preferences above, only a limited amount of immigrant visas may be
issued each fiscal year for each employment based preference . As a result, waiting lists
may develop according to each preference category. Those categories are:
 |
EB-1: Foreign Nationals of Extraordinary Ability / Outstanding
Professors and Researchers / Multinational Executives and Managers.
Individuals in this category can petition for permanent residency without having to
go through the time consuming labor certification process, and in some case without
even having a job offer. |
|
EB-2: Workers with Advanced Degrees or Exceptional
Ability in the Sciences, Arts or Business.
This category requires the potential employer to obtain an approved Labor Certification
from the Department of Labor. This process involves a testing of the job market to
demonstrate that the potential foreign employee will not be taking a job away from
a U.S. worker. Additionally, the potential employee must normally have a job offer.
|
|
EB-3: Skilled Workers and Professionals.
Much like the EB-2 category, this category requires an approved Labor Certification
and a job offer. There is often a longer waiting list for visas in this category, however.
|
|
EB-4: Special Immigrant Visas for Religious
Workers.
This category is similar to the R-1 visa category described under the "Non-Immigrant
Visa" section of this site. In order to qualify for permanent resident status,
the visa holder must have been working in a religious capacity for two years before
applying. |
|
EB-5: Investor/Employment Creation Visas.
Not to be confused with the E-2 Non-Immigrant Investor Visa, the EB-5 confers permanent
resident status based upon a qualifying investment. The standards for the EB-5 are
far more demanding than for the E-2.
To qualify, an individual must invest in a new commercial enterprise and create
employment for ten U.S. workers. The investment must be at least $500,000 if in a
"targeted employment area" (rural areas or areas experiencing high unemployment
of at least 150% of the national average) or $1,000,000 anywhere else. |
|
| Diversity Visa or "Green Card" Lottery. |
| A random drawing of qualified applicants is conducted each year to ensure the U.S. is represented
by immigrants from a diverse group of countries. This is known as the Diversity Visa Lottery
or "Green Card Lottery." |
| Refugee and Asylum Applications. |
| Persons unable to return to their home country due to 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. This status allows
the individual to live and work in the U.S. After one year, permanent resident status may
be applied for. |
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