Tashjian US Immigration Firm
      
 
 
 
EB-1 Priority Workers (see also Arts, Fashion and Sports)
EB-2 Professionals with advanced degrees or persons with exceptional ability
EB-3 Skilled or professional workers
EB-4 Special Immigrants
EB-5 Immigrant Investors (see “Investment Visas”)
PERM Labor Certification

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Migrating to the U.S. — Immigrant Visas

The three principal ways to immigrate to the United States are through a family relationship, through employment, or through investment. In all cases, the immigration process requires that a petition be filed on behalf of the migrant. The petition is usually filed in the United States through the Citizenship and Immigration Service (USCIS) office having jurisdiction over the residence or employment area of the petitioner. After the petition is approved, it is forwarded to the Consulate or Embassy where the beneficiaries reside and where they will submit applications for their immigrant visas. The visas will allow them to enter the United States for permanent residence which will be evidenced by a “green card” issued by USCIS
 
There are numerical limits for most categories of immigrant visas that can be issued in a year. Priority is based on the type of visa being applied for. The applicant's place of birth also affects the process, as there are limits to the number of visas that can be issued per country. This means that in some visa categories there are substantial waiting periods before an immigrant visa can be issued. Please see immigrant visa categories and the current priority dates for each category for more information.
 
A fourth way to immigrate is under the diversity lottery program, which randomly selects a certain number of applicants from certain countries once a year.
Immigration through a Family Member
Overview and Process

A lawful permanent resident is a foreign national who has been granted the privilege of permanently living and working in the United States. If you want to become a lawful permanent resident based on the fact that you have a relative who is a citizen of the United States, or a relative who is a lawful permanent resident, you must go through a multi-step process.
 
1. The USCIS must approve an immigrant visa petition, I-130 Petition for Alien Relative, for you. This petition is filed by your relative (sponsor) and must be accompanied by proof of your relationship to the requesting relative.
2. The Department of State must determine if an immigrant visa number is immediately available to you, the foreign national, even if you are already in the United States. When an immigrant visa number is available, it means you can apply to have one of the immigrant visa numbers assigned to you. You can check the status of a visa number in the Department of State's Visa Bulletin.
3. If you are already in the United States, you may apply to change your status to that of a lawful permanent resident after a visa number becomes available to you. This is one way you can apply to secure an immigrant visa number. If you are outside the United States when an immigrant visa number becomes available, you must then go to the U.S. consulate servicing the area in which you reside to complete your processing. This is the other way to secure an immigrant visa number.
 
Eligibility
 
In order for a relative to sponsor you to immigrate to the United States, they must meet the following criteria:
  • They must be a citizen or lawful permanent resident of the U.S. and be able to provide documentation providing that status; and
  • They must prove that they can support you at 125% above the mandated poverty line, by filling out an Affidavit of Support.
The relatives which may be sponsored as an immigrant vary depending on whether the sponsor is a U.S. Citizen or a lawful permanent resident.
 
If the sponsor is a U.S. Citizen, they may petition for the following foreign national relatives to immigrate to the U.S.:
  • Unmarried child under 21 years of age
  • Unmarried son or daughter over 21
  • Married son or daughter of any age
  • Brother or sister, if the sponsor is at least 21 years old
  • Parent, if the sponsor is at least 21 years old.
If the sponsor is a lawful permanent resident, they may petition for the following foreign national relatives to immigrate to the U.S.:
  • Husband or wife
  • Unmarried son or daughter of any age
In any case, the sponsor must be able to provide proof of the relationship.
 
Preference Categories
 
If you wish to immigrate as a relative of a U.S. Citizen or lawful permanent resident, you must obtain an immigrant visa number based on the preference category in which you fall.
 
People who want to become immigrants are classified into categories based on a preference system. The immediate relatives of U.S. citizens, which includes parents, spouses and unmarried children under the age of 21, do not have to wait for an immigrant visa number to become available once the visa petition filed for them is approved by USCIS. An immigrant visa number will become immediately available. The relatives in the remaining categories must wait for an immigrant visa number to become available according to the following preferences:
 
  • First preference: Unmarried, adult sons and daughters of U.S. citizens. Adult means 21 years of age or older.
  • Second Preference: Spouses of lawful permanent residents, their unmarried children (under twenty-one), and the unmarried sons and daughters of lawful permanent residents.
  • Third Preference: Married sons and daughters of U.S. Citizens.
  • Fourth Preference: Brothers and sisters of adult U.S. Citizens.
Once USCIS receives your visa petition (Form I-130, Petition for Alien Relative), it will be approved or denied.
 
USCIS notifies the person who filed the visa petition of the petition was approved. USCIS will then send the approved visa petition to the Department of State's National Visa Center, where it will remain until an immigrant visa number is available. The Center will notify the foreign national when the visa petition is received and again when an immigrant visa number is available. You do not need to contact the National Visa Center, unless you change your address or there is a change in your personal situation, or that of your sponsor, that may affect eligibility for an immigrant visa, such as reaching age 21, marriage, divorce, or death of a spouse.
 
Immigration through Employment
Overview
 
An immigrant is a foreign national who has been authorized to live and work permanently in the United States. If you want to become an immigrant based on the fact that you have a permanent employment opportunity in the United States, or if you are an employer that wants to sponsor someone for lawful permanent residency based on permanent employment in the United States, you must go through a multi-step process.
 
  • First, foreign nationals and employers must determine if the foreign national is eligible for lawful permanent residency under one of USCIS' paths to lawful permanent residency.
  • Second, most employment categories require that the U.S. employer complete a labor certification request (Form ETA 750) for the applicant, and submit it to the Department of Labor's Employment and Training Administration. Labor must either grant or deny the certification request. Qualified alien physicians who will practice medicine in an area of the United States which has been certified as underserved by the U.S. Department of Health and Human Services are relieved from this requirement.
  • Third, USCIS must approve an immigrant visa petition, Form I-140, Petition for Alien Worker, for the person wishing to immigrate to the United States. The employer wishing to bring the applicant to the United States to work permanently files this petition. However, if a Department of Labor certification is needed the application can only be filed after the certification is granted. The employer acts as the sponsor (or petitioner) for the applicant (or beneficiary) who wants to live and work on a permanent basis in the United States.
  • Fourth, the State Department must give the applicant an immigrant visa number, even if the applicant is already in the United States. When the applicant receives an immigrant visa number, it means that an immigrant visa has been assigned to the applicant. You can check the status of a visa number in the Department of State's Visa Bulletin.
  • Fifth, if the applicant is already in the United States, he or she must apply to adjust to permanent resident status after a visa number becomes available.  If the applicant is outside the United States when an immigrant visa number becomes available, he or she will be notified and must complete the process at his or her local U.S. consulate office.
Eligibility
 
There are four categories for granting permanent residence to foreign nationals based upon employment:
 
 EB-1     Priority Workers (see also Arts, Fashion and Sports)
  • Foreign nationals of extraordinary ability in the sciences, arts, education, business or athletics
  • Foreign national that are outstanding professors or researchers
  • Foreign nationals that are managers and executives subject to international transfer to the United States
EB-2     Professionals with advanced degrees or persons with exceptional ability
  • Foreign nationals of exceptional ability in the sciences, arts or business
  • Foreign nationals that are advanced degree professionals
  • Qualified alien physicians who will practice medicine in an area of the U.S. which is underserved. Read more about this particular program.
EB-3     Skilled or professional workers
  • Foreign national professionals with bachelor's degrees (not qualifying for a higher preference category)
  • Foreign national skilled workers (minimum two years training and experience)
  • Foreign national unskilled workers
EB-4    Special Immigrants
  • Foreign national religious workers
  • Employees and former employees of the U.S. Government abroad
How to Apply
 
If you are an employer wishing to sponsor (or petition) for a foreign national to work in the United States on a permanent basis, you must file Form I-140, Petition for Alien Worker. Detailed information is provided in the instructions for Form I-140. Filing requirements differ for each of the five categories.
 
The Department of State is responsible for providing visa numbers to foreign nationals interested in immigrating to the United States. To find out more about the Department of State's visa process visit the Department of State website for specific information on how to get an immigrant visa number.
 
To check the status of a visa number you can review the Department of State's visa bulletin.
 
Where to apply
 
If you are an employer wishing to sponsor (or petition) a foreign national to work in the United States, a Form I-140, Petition for Alien Worker must be filed at the USCIS Service Center. Detailed filing information is provided in the instructions for Form I-140.

For EB-4 special workers, the foreign national or employer must file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, with the CIS Service Center.