As follow, you can find a brief summary of each immigrant visa classification. The purpose of these summaries are to assist you in evaluating whether you may be eligible for any particular working visa in the United States. Keep in mind that the immigration laws are under constant change and that some of the information contained herein may or may not apply to the specific facts of your particular case.
Family Sponsored Immigration
United States immigration laws have traditionally favored family reunification. As a result, family relationships are one of the most common ways foreign nationals are able to obtain a U.S. green card.
The immigration laws create two categories of family members: immediate relatives and family- based preference relatives. Immediate relatives are not subjected to quotas, and therefore their cases are always current. Preference relatives, on the other hand, are subjected to quotas, and are assigned a "priority date," which is the date your family sponsor filed your petition with the Immigration and Naturalization Service. People with priority dates cannot obtain a green card until their priority date is current.
EB-1 Foreign Nationals of Extraordinary Ability, Outstanding Professors and Researchers and Multinational Executives and Managers
Extraordinary ability:
Any person may file a Petition on behalf of an alien (including him/herself) who has extraordinary ability in the sciences, arts, education, business, or athletics. This category is reserved for a very small percentage of individuals who have risen to the top of their field of endeavor. Their abilities must have been demonstrated by sustained national or international acclaim in their field, and they must be coming to the U.S. to work in their field of recognized acclaim, although no job offer or labor certification is required at the time of filing the I-140 petition. Documentary evidence that must be filed in support of the petition must include either evidence of a one-time, major, internationally recognized award such as a Nobel Peace Prize, or Academy Award, or at least three of the following:
1. Documentation that the alien has received lesser nationally or internationally recognized prizes or awards for excellence in his/her field of endeavor.
2. Evidence of the alien's membership in associations in the field for which the classification is sought, which require outstanding achievements of their members, as, judged by recognized national or international experts in their disciplines of fields.
3. Published material about the alien in professional or major trade publications or other major media relating to the aliens work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation;
4. Evidence of the alien's participation, either individually or on a panel, as a judge of the work of other in the same or an allied filed for which classification is sought;
5. Evidence of the alien's original scientific, scholarly, artistic, athletic, or business- related contributions of major significance in the field;
6. Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media;
7. Evidence of the display of the alien's work in the field at artistic exhibition or showcases;
8. Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;
9. Evidence that the alien has commanded a high salary or other significantly high remuneration for services in relation to others in the field; or
10. Evidence of commercial successes in the performing arts, as shown by box office receipts, or record, cassette, compact disk, or video sales.
If the above standards do not readily apply to the alien's occupation, the petitioner may submit comparable evidence to establish the alien's eligibility for permanent residence
Outstanding Professors and Researches:
A petition may be filed by certain U.S. employers who intend to employ an alien professor or researcher who is outstanding in an academic field. The employer must be (1) a U.S. university or institution of higher learning offering the alien a tenured or tenured-tack teaching position in the alien's academic field; or (2) a U.S. university or institute of higher learning offering the alien a permanent research position in the alien's academic field; or (3) a department, division, or institute of a private employer offering the alien a permanent research position in the alien's academic field.
The department, division, or institute must demonstrate that is employs at least three persons full-time in research positions, and that it has achieved documented accomplishments in an academic field. As stated above, the job offer must be permanent in nature, which means that is must be either tenured, tenured-track, or for an indefinite or unlimited duration in which the employee would ordinarily have an expectation of continued employment, unless there was good cause for the termination of his employment.
Although a job offer is required in this category, obtaining an approved Labor Certification application is not required. The job offer is simply submitted in the form of a letter from the U.S. employer, and must include the name, title, and address of the writer, and a specific description of the job duties.
The evidence that must be submitted with the I-140 petition must clearly document that the professor or researcher is recognized internationally as outstanding in his/her academic field. The evidence must consist of at least two of the following:
1. Documentation of the alien's receipt of major prizes or awards for outstanding achievement in the academic field;
2. Documentation of the alien's membership in association in the academic field which require outstanding achievements of their members;
3. Published material in professional publications written by others about the alien's work in the academic field; (The material must include the title, date, and author of the material, and must be accompanied by an English translation if it is written in foreign language.)
4. Evidence of the alien's participation, either individually or on a panel, as the judge of the work of others in the same or an allied academic field;
5. Evidence of the alien's original scientific or scholarly research contributions to the academic field; or
6. Evidence that the alien has written scholarly books or articles in scholarly journals with international circulation in his/her academic field.
The professor or researcher must have at least three years experience in teaching and/or research in the academic field. Experience grained while working on an advanced degree is acceptable only if the alien was granted the degree. If his/her experience was in teaching, then he/she must have had full responsibility of the class(s) taught. If his/her experience was in research, then the research must have been recognized as outstanding academic field. The evidence of the alien's experience must be in the form of a letter or letters from the alien's current or former employer(s), and must include the name, address, and title of the author, and a detailed description of the duties performed by the alien.
Multinational Executives and Managers:
A U.S. employer, which is a multinational business, or the U.S. subsidiary or affiliate of a multinational business may a Petitions on behalf of alien employees who qualify under INS definitions as executives or managers as set forth below. A "multinational business" is one, which conducts business in two or more countries, one of which is the U.S. The U.S. employer must have been doing business for a least one year.
If the alien is outside the U.S., he/she must have been employed outside the U.S. for at least one year in the past three years in a managerial or executive capacity by a firm or corporation or other legal entity, or by its affiliate or subsidiary. If the alien is already in the U.S. working for the same employer, or a subsidiary, or affiliate of the firm or corporation or other legal entity by which the alien was employed abroad, he/she must have been employed by the entity abroad in a managerial or executive capacity for at least one year in the three years preceding his/her entry as a nonimmigrant.
No Labor Certification is required, however the U.S. employer must furnish a job offer letter, which indicates that the alien will be employed in an executive or managerial capacity, and clearly describes the duties to be performed by the alien.
To qualify as an executive, the alien must primarily direct the management of the organization, or a major component of function of the organization. He/she will establish the goals and policies of the organization, component, or function, exercising wide latitude in discretionary decision-making, while receiving only general supervision from higher level executives, the board of directors, or stockholders of the organization.
A "manager" manages the organization, or department, subdivision, function, or component of the organization. The management of employees is not essential to qualify for classification in this category. The alien may supervise and control the work of other supervisory, professional, or managerial employees, or mange as essential function within the organization, or a department or subdivision of the organization. If he/she directly supervises other employees, the alien must have the authority to hire and fire, or to recommend other personnel actions such as promotions, or leave authorization. If the alien dies not directly supervise other employees, then he/she must perform at a senior level within the organization, or with respect to the function managed, exercising direction over the day-to-day operations of his/her assigned activities. A first line supervisor cannot be considered a manager unless the employees he/she supervises are professionals.
The only evidence initially required to be submitted with the petition is a financial statement and letter from an authorized official of the U.S. employer, which demonstrates that the U.S. employer has been doing business for a least one year. The U.S. employer must be the same employer, or a subsidiary, or affiliate of the firm, or corporation by which the alien was employed overseas in a managerial or executive capacity for at least one year in the previous three years immediately preceding the filing of the petition.
EB-2 Workers with Advanced Degrees or Exceptional Ability in the Sciences, Arts or Business
Any U.S. employer who intends to employ and alien who is a member of the professions, and who holds an advanced degree in his/her field, or who has exceptional ability in the sciences, arts, or business, may file an I-140 Petition on his or her behalf. A Labor Certification is required under this classification except where the Director of the USCIS Regional Service Center having jurisdiction over the case determines that an exemption would be in the national interest. If an alien claims such as exemption, he/she, or any person may file the petition on his/her behalf.
An advanced degree is any U.S. academic or professional degree above that of baccalaureate, or a foreign equivalent degree. An alien may also qualify for classification under this category if he/she holds a baccalaureate degree, and additionally have five years of progressive experience in the profession. The documentation required to be submitted with the petition includes the official academic record of the alien showing that he/she has been awarded an advanced degree or the foreign equivalent, or an official academic record showing that the alien has baccalaureate degree or a foreign equivalent and letters from current or former employers documenting that he/she has least five years of progressive experience in the specialty.
EB-3 Skilled Workers and Professionals
To qualify for permanent resident status in any sub-category of this classification, the alien is required to have employer sponsorship and Labor Certification, or documentation to prove that the alien qualifies for one of the shortage occupation the Department of Labor has identified on a list known as "Schedule A." Schedule A occupations include physical therapists, professional nurses, physicians or surgeons, college or university teachers, aliens of exceptional ability in the sciences or arts (except performing arts), certain religious occupations, and intracompany transferees in managerial or executive positions. Certain provisions of the Immigration Act of 1990 directed the Department of Labor to conduct a Labor Market Information Pilot Program to identify additional occupations for which there is a shortage of labor within the United States. Aliens in those occupations, then will be able to apply for permanent resident status under this classification must be filed by the employer on behalf of the alien.
A "skilled worker" means an alien who, at the time the petition is submitted, is qualified and capable of performing a job that requires at least two years of training or experience for which no U.S. workers are available. The job must not b of a seasonal or temporary nature. In some instances, an alien with less than two years experience may be eligible for permanent resident status under this classification if relevant post-secondary education may be considered as training.
EB-4 Special Immigrant Visas for Religious Workers
Special Immigrants
Persons seeking reacquisition of citizenship and returning resident.
Religious workers.
U.S. employee abroad or employee of American Institute of Taiwan for 15 years.
Foreign Medical Graduate if entered on H/J visa, licensed to practice in a state as of Jan. 1, 1978, and continued to practice and continuously present since date of entry.
Commuters from border.
Retired G-4 Officer.
Returning resident.
Court Dependents.
Person who has served honorably for 12 years in the armed services on active duty.
EB-5 Investor/Employment Creation Visas
An international investor who invests $1 million in a commercial enterprise that will benefit the U.S. economy, and creates at least 10 full-time employment positions for lawful U.S. workers may qualify for permanent residence for himself, his spouse, and his/her minor children. An investment of only $500,000 is required if the commercial enterprise is in a targeted employment area. The alien must be actively involved in the management of the business, either through the exercise of day-to-day managerial control, or through policy formulation
The petition to obtain permanent resident status under this classification must be filed on Form I 526, "Immigrant Petition by Alien Entrepreneur". The petition must be filed with the INS Service Center having jurisdiction over the area in which the new commercial enterprise is, or will principally be doing business
REQUIRED INVESTMENT - The investment required to be made in a commercial enterprise varies depending on where the commercial enterprise is located and the unemployment rate in the geographic area. In most areas a qualifying investment is $1 million. Areas requiring this amount of investment are called "high employment areas." Other areas are called "targeted employment areas." These areas are in a rural area, or an area which has experienced unemployment of at least 150% of the national average. A qualifying investment in a "targeted employment areas" is only $500,000.
MUST CREATE 10 FULL-TIME JOBS - The jobs may be held by any non-immediate family member including U.S. citizens, permanent residents, or other lawfully authorized workers to be employed in the United States.
MONEY MUST BE FROM LEGITIMATE SOURCES - The investor must be able to show the legal source of investment capital.
MONEY PUT AT RISK - The investor must irrevocably commit his/her assets to the enterprise. May not design an arrangement in which the full amount is not put toward the investment or not at risk. "Capital" is defined by the USCIS as cash, equipment, inventory, other tangible property, cash equivalents, and indebtedness secured by assets owned by the alien, provided the alien is personally and primarily liable.
ACTIVE PARTICIPATION IN THE OPERATIONS OF THE BUSINESS - The alien must be actively involved in the management of the business, either through the exercise of day-to-day managerial control, or through policy formulation.
MUST BE ACTIVE ENTERPRISE - A commercial enterprise is any for profit activity formed for the ongoing conduct of lawful business. It may be a sole proprietorship, a partnership (limited or general), a holding company, a joint venture, a corporation, a business trust, or other entity that may be publicly or privately owned. A commercial enterprise does not include a non-commercial activity such as owning and operating a personal residence.
CONDITIONAL RESIDENCE - An investor is admitted for permanent residence initially in a two-year conditional resident status. At the end of two years residence the investor must petition for removal of the conditions from his/her permanent residence. To obtain removal the investor must show that:
the business is still viable;
the requisite amount of money was irrevocably committed to the enterprise;
10 US jobs were created and still exist in the enterprise.
Petitioner may request admission for spouse and children as derivative beneficiaries of permanent residence status. Dependents may enter upon showing proof of immediate relation and admissibility to principal. Dependents may not engage in employment upon receipt of an Employment Authorization Document which may be obtained from the USCIS. Dependents may attend school or college.
DV-1 Visas (the "Green Card Lottery")
The Green Card Lottery is formally known as the Diversity Immigrant Visa Lottery Program and is administered by the US Department of State. It was created by an act of Congress, the Immigration Act of 1990. The program allocates a specified number of visas, "Green Cards," to applicants from certain countries around the world. Although the statute actually mandates availability of 55,000 visas, The Nicaraguan and Central American Relief Act ("NCARA") passed by Congress in November 1997 stipulates that beginning with DV-99, and for as long as necessary, 5,000 annually-allocated diversity visas will be made available for use under the NCARA Program. Therefore, there are 50,000 visas available. Winners of the lottery are chosen in a random drawing conducted by the US State Department.