Family-based Immigration
Having a Green Card (officially known as a Permanent Resident Card) allows you to live and work permanently in the United States. The steps you must take to apply for a Green Card will vary depending on your individual situation.
In order to apply for a family-based Green Card you must be eligible under one of the categories listed below:
Immediate Family:
Spouse of a U.S. citizen
Unmarried child under the age of 21 of a U.S. citizen
Parent of a U.S. citizen who is at least 21 years old
Family Preference Category:
(F1): Unmarried Sons and Daughters of U.S. Citizens
(F2A): Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents
(F2B): Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents
(F3): Married Sons and Daughters of U.S. Citizens
(F4): Brothers and Sisters of Adult U.S. Citizens
Employment-based Immigration
Employers seeking to sponsor a foreign worker for a green card must complete the of labor certification process (also known as the PERM process). This process requires the employer to demonstrate to the United States Department of Labor that no willing and qualified American worker applied and was denied the position in favor of the foreign worker.
This involves the circulation of classified advertisements for this job in order to show this requirement. The process requires approval by not only the Department of Labor, but also the United States Citizenship and Immigration Service. The PERM process is multifaceted and challenging, as the employer must adhere to strict timeframes and rules set forth by immigration law.
In order to apply for an employment-based Green Card. you must be eligible under one of the categories listed below:
EB-1 (Employment-based, First Preference), meaning you:
Have extraordinary ability in the sciences, arts, education, business or athletics, or
Are an outstanding professor or researcher, or
Are a multinational manager or executive who meets certain criteria
EB-2 (Employment-based, Second Preference), meaning you::
Are a member of a profession that requires an advanced degree, or
Have exceptional ability in the sciences, arts, or business, or
Are seeking a national interest waiver
EB-3 (Employment-based, Third Preference), meaning you:
A skilled worker (meaning your job requires a minimum of 2 years training or work experience), or
A professional (meaning your job requires at least a U.S. bachelor's degree or a foreign equivalent and you are a member of the profession), or
An unskilled worker (meaning you will perform unskilled labor requiring less than 2 years training or experience)
EB-4 (Employment-based, Fourth Preference), meaning you:
Are a member of a religious denomination coming to the U.S. to work for a nonprofit religious organization
EB-5 (Employment-based, FifthPreference), meaning you:
Have invested or are actively in the process of investing at least $1.05 million (or $800,000 in a targeted employment area) in a new commercial enterprise in the U.S. which will create full-time positions for at least 10 qualifying employees
Temporary Work Visas
In order for you to come to the United States lawfully as a nonimmigrant to work temporarily in the United States your prospective employer must generally file a nonimmigrant petition on your behalf with USCIS.
H-1B:
H-1B covers specialty occupations. In order to qualify for an H-1B, an alien must possess highly specialized knowledge. At minimum, you must show that you hold a bachelor's degree. The position offered must also require a bachelor's degree. The employer must show that the alien must possess highly specialized knowledge and that the position must demand application of that knowledge.
However, H-1B visas are subject to numerical limitations imposed by Congress. This involves a lottery process where selection is not guaranteed. If the annual quota is reached, an alien may have to wait until a later time to be eligible for entry or change of status.
L-1A:
The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company that does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one.
To qualify for L-1 classification in this category, the employer must:
Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations); and
Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1. While the business must be viable, there is no requirement that it be engaged in international trade.
Doing business means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad.
To qualify, the named employee must also:
Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States; and
Be seeking to enter the United States to provide service in an executive or managerial capacity for a branch of the same employer or one of its qualifying organizations.
Executive capacity generally refers to the employee’s ability to make decisions of wide latitude without much oversight.
Managerial capacity generally refers to the ability of the employee to supervise and control the work of professional employees and to manage the organization, or a department, subdivision, function, or component of the organization. It may also refer to the employee’s ability to manage an essential function of the organization at a high level, without direct supervision of others.
O Visas:
The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.
The O nonimmigrant classification is commonly referred to as:
O-1A: individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry)
O-1B: individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry
O-2: individuals who will accompany an O-1 artist or athlete to assist in a specific event or performance.
O-3: individuals who are the spouse or children of O-1’s and O-2’s
Investor Visas
Before entering the United States, treaty traders or investors and Australian specialty occupation workers must apply and receive an E-1, E-2, or E-3 visa from a U.S. consulate or embassy overseas. A U.S. company may also request a change of status to E-1, E-2, or E-3 for a nonimmigrant that is already in the United States.
Treaty Traders (E-1), and Treaty Investors (E-2)
Treaty traders pursue substantial trade in goods, including (but not limited to) services and technology, principally between the U.S. and their country of nationality. Treaty investors direct the operations of an enterprise in which they have invested, or are actively investing, a substantial amount of money. Certain employees of treaty traders and treaty investors (that is, those coming to engage in duties of an executive or supervisory character, or, if employed in a lesser position, having special qualifications that make their services essential to the operation of the enterprise) receive the same classification as their employer. For example, the nonimmigrant employee of a treaty trader is admitted in E-1 status, and the employee of a treaty investor is admitted in E-2 status. In addition, the spouses and children of these people, as well as treaty traders and investors, are also eligible for E-1 or E-2 classification, respectively. E-1 and E-2 spouses are also eligible to apply for employment authorization.
Before entering the U.S., treaty traders or investors and their nonimmigrant employees must apply for and receive an E-1 or E-2 visa from a U.S. Consulate or Embassy overseas and subsequently be admitted to this country by CBP. However, a U.S. company may also request a change of status to, or an extension of stay in, E-1 or E-2 classification for a nonimmigrant that is already in the United States. USCIS processes change of status and extensions of stay requests for nonimmigrants whose companies have filed such petitions.
To qualify for E-3 classification, you must:
Be a national of Australia;
Have a legitimate offer of employment in the United States;
Have the necessary academic or other qualifying credentials; and
Fill a position that qualifies as a specialty occupation.
Citizenship
Naturalization is the process by which U.S. citizenship is granted to a lawful permanent resident after meeting the requirements established by Congress in the Immigration and National Act (INA).
Acquisition of citizenship is obtained through U.S. citizenship parents either at birth or after birth, but before the age of 18.
Student Visas
If you are outside of the United States and would like to study as a full-time student in the United States, you will generally need a student visa. There are two nonimmigrant visa categories for persons wishing to study in the United States. These visas are commonly known as the F and M visas.
You may enter in the F-1 or M-1 visa category provided you meet the following criteria:
You must be enrolled in an "academic" educational program, a language-training program, or a vocational program
Your school must be approved by the Student and Exchange Visitors Program, Immigration & Customs Enforcement
You must be enrolled as a full-time student at the institution
You must be proficient in English or be enrolled in courses leading to English proficiency
You must have sufficient funds available for self-support during the entire proposed course of study
You must maintain a residence abroad which you have no intention of giving up.
F-1 Student Visa
The F-1 Visa (Academic Student) allows you to enter the United States as a full-time student at an accredited college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program. You must be enrolled in a program or course of study that culminates in a degree, diploma, or certificate and your school must be authorized by the U.S. government to accept international students.
M-1 Student Visa
The M-1 visa (Vocational Student) category includes students in vocational or other nonacademic programs, other than language training.