Immigration Visas

IMMIGRANT VISAS

Overview

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 CIS' (US Citizenship and Immigration Services) 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. The Department of Labor must either grant or deny the certification request. EB-1 Priority workers, including aliens of extraordinary ability, multinational managers (including, aliens previously in L-1A status), and outstanding professors and researchers, as well as 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 exempt from the Labor Certification process.
Third, CIS 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 Labor Certification is required the I-140 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.

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. Click on the desired employment category for more information:

If you are a foreign national wishing to immigrate to the United States based on an offer of employment from a U.S. company click How do I apply for Immigrant Status Based on Employment?

The Department of State is responsible for providing visa numbers to foreign nationals interested in immigrating to the United States. You can check the status of a visa number in the Department of State's Visa Bulletin.

Eligibility

There are five categories for granting permanent residence to foreign nationals based on employment skills. If you are an employer and are unsure which employment category applies to the foreign national you wish to sponsor, or if you are a foreign national and want more information on which category matches your particular situation, click one of the employment categories:

EB-1 Priority workers

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

EB-5 Immigrant Investors

Who is eligible for EB-5 Immigrant Visas?

The EB-5 category was created for foreign nationals who invest in a new commercial enterprise that will benefit the U.S. economy and create at least 10 full-time jobs. The investor shall be involved in the day-to-day management of the new business or directly manage it through formulating business policy – for example as a corporate officer or board member. Congress has set aside 10,000 immigrant visas per year for investors and their immediate relatives (which includes their spouses and unmarried children who under 21 years of age).

The law requires an investor invested or be in the process of investing $1,000,000.00 or, Targeted Employment Areas, $500,000.00. An area qualifies as a Targeted Employment Area if it has unemployment of at least 150% of national average rate or if it is in a rural area.

You may be also eligible for an immigrant visa if you invest money in Troubled Business
To qualify you must:

Invest in a business that has existed for at least two years.
Invest in a business that has incurred a net loss, based on generally accepted accounting principles, for the 12 to 24 month period before you filed the Form I-526 Immigrant Petition by an Alien Entrepreneur.
The loss for the 12 to 24 month period must be at least equal to 20 percent of the business’s net worth before the loss.
Maintain the number of jobs at no less than the pre-investment level for a period of at least two years.
Be involved in the day-to-day management of the troubled business or directly manage it through formulating business policy. For example as a corporate officer or board member.
The same investment requirements of the new commercial enterprise investment apply to a troubled business investment ($1,000,000 or $500,000 in a targeted employment area).

Finally, you may obtain an immigration visa if you invest money in a Regional Center Pilot Program

To qualify you must:

Invest at least $1,000,000 or $500,000 in a regional center affiliated new commercial enterpriose or a troubled business located within the area of the USCIS designated Regional Center. Regional Centers are defined and discussed further below.
Create at least 10 new full-time jobs either directly through the capital investment.
A Regional Center is defined as any economic unit, public or private, which is involved with the promotion of economic growth, improved regional productivity, job creation, and increased domestic capital investment.

Investors apply for Permanent Residence by filing a Form I-526, supporting documentation, and a $1,435 filing fee with USCIS. Once the I-526 is approved and an immigrant visa becomes available, the investor and his immediate relatives may apply for adjust of status if in the United States or for an immigrant visa at U.S. consulate if abroad. The initial period of permanent residence is conditional and is for two years.

Within 90 days prior the expiration of the conditional permanent resident status, the investor must file a Form I-829 and supporting documentation with USCIS with an accompanying filing fee is $2,930 biometrics fees for him or herself and all of his or her immediate relatives. Failure to file I-829 timely may result in termination of conditional permanent resident status and the investor and his or her immediate relatives may be placed in removal proceedings. If your I-829 petition to remove conditions is approved, then the conditions will be removed from your spouse and children’s Green Card status. As a lawful permanent resident (Green Card holder) your spouse and children will be authorized to work or attend school in the U.S.

Where do I apply

If you are an employer wishing to sponsor (or petition) a foreign national to work in the United States, for most categories, a Form I-140, Petition for Alien Worker must be filed at the CIS Service Center that serves the area where the immigrant will work. 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 that serves the area where the immigrant will work. As explained above, aliens in the EB-5 Category self petition by filing a Form I-526. Detailed information is provided in the instructions for Forms I-140, I-360 and I-526. Filing requirements differ for each of the five categories. Please see the appropriate link to Eligibility and Filing for each preference:

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FAMILY - BASED IMMIGRATION

The Immigration and Nationality Act allows for the immigration of foreigners to the United States based on relationship to a U.S. citizen or legal permanent resident. Family-based immigration falls under two basic categories: unlimited and limited.

UNLIMITED FAMILY - BASED

Immediate Relatives of U.S. Citizens (IR): The spouse, widow(er) and unmarried children under 21 of a U.S. citizen, and the parent of a U.S. citizen who is 21 or older.

Returning Residents (SB): Immigrants who lived in the United States previously as lawful permanent residents and are returning to live in the U.S. after a temporary visit of more than one year abroad.

LIMITED FAMILY-BASED

Family First Preference (F1) Unmarried sons and daughters of U.S. citizens, and their children, if any. (Number of Visas allocated each year - 23,400)

Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (over age 20) of lawful permanent residents. (Number of Visas allocated each year - 114,200) At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder will be allocated to unmarried sons and daughters.

Family Third Preference (F3): Married sons and daughters of U.S. citizens, and their spouses and children. (Number of Visas allocated each year - 23,400)

Family Fourth Preference (F4): Brothers and sisters of United States citizens, and their spouses and children, provided the U.S. citizens are at least 21 years of age. (Number of Visas allocated each year - 65,000)

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.

First, 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.

Second, 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 becomes immediately available to you, it means that 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.

Third, 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 for you. If you are outside the United States when an immigrant visa number becomes available for you, 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 in which you can apply to secure an immigrant visa number.

K-1 Fiancé(e) Visas

The fiancé(e) K-1 nonimmigrant visa is for the foreign-citizen fiancé(e) of a United States (U.S.) citizen. The K-1 visa permits the foreign-citizen fiancé(e) to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival. The foreign-citizen will then file a Form I-485 to apply for adjustment of status as to that of a lawful permanent resident. Because a fiancé(e) visa permits the holder to immigrate to the U.S. and marry a U.S. citizen shortly after arrival in the United States, the fiancé(e) must meet some of the requirements of an immigrant visa. Eligible children of K-1 visa applicants receive K-2 visas.

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