Permanent U.S. Visas

PERMANENT U.S. VISAS

« U.S. EMPLOYMENT-BASED IMMIGRATION — I-140, EB-1, EB-2, EB-3, EB-4 »

« U.S. FAMILY-BASED IMMIGRATION — I-130, K-VISA, MARRIAGE, RE-ENTRY »

« U.S. INVESTMENT-BASED IMMIGRATION — EB-5 »

« U.S. DIVERSITY-LOTTERY VISA — LOW IMMIGRATION COUNTRIES »

« REMOVING GREEN CARD CONDITIONS — I-751, I-829 »

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« U.S. EMPLOYMENT-BASED IMMIGRATION »

Immigration laws of the United States provide several avenues for immigration to the U.S., including an immigration path for foreign nationals employed in the United States by private employers in certain specialty occupations. In the vast majority of cases, the employer must initiate an employment-based immigration petition on behalf of the foreign employee. In petitioning the USCIS, the U.S. employer must demonstrate that there is a need for the foreign employee and there are no U.S. employees available to be hired to the fill the particular skilled position.

The United States opens up approximately 140,000 employment-based immigrant visas each year for foreign nationals as well as their spouses and children to immigrate to the United States based on their professional skills. A successful employment-based immigrant beneficiary must possess the right combination of professional skills, education and experience. There are five employment-based immigration visa categories available.

EB-1A: EXTRAORDINARY ABILITY VISA

EB-1A is a first preference employment-based immigration visa category for foreign nationals who possess extraordinary abilities in the sciences, arts, education, business or athletics. This preference category also includes academic professors and researchers as well as multi-national business executives and managers. EB-1A applicants can petition on their own behalf for an Immigrant Visa for Alien Worker. If the foreign national is approved for an EB-1A visa, then such visa petition will result in a green card being issued. To initiate the EB-1A visa application process, the applicant must file Form I-140 with the USCIS.

EB-1B: OUTSTANDING PROFESSORS AND RESEARCHERS VISA

EB-1B is a first preference employment-based immigration visa category for foreign national who are considered “outstanding professors and researchers” as defined in 203(b)(1)(B) of the Immigration and Nationality Act (INA).

⇒ EB-1C: MULTINATIONAL MANAGERS AND EXECUTIVES VISA

EB-1C is a first preference employment-based immigration visa category for foreign nationals who are “multinational executives or managers” as defined in the Immigration and Nationality Act (INA). To be successful in applying for this category, the petitioner must convince the USCIS that the foreign national beneficiary (1) was employed outside of the United States for at least one year in the past three preceding immediately preceding the application; (2) in a managerial or executive capacity; and (3) now seeks to enter the United States to continue that employment in a managerial or executive capacity with the same firm, corporation, organization or legal entity or its legal subsidiary or affiliate. 

To be successful in applying for this category, the petitioning entity needs to convince USCIS adjudicators that the beneficiary: (1) had been employed outside the United States for at least one year in the last three years immediately preceding the application; (2) in a managerial or executive capacity; (3) now seeks to enter the United States to continue that employment in a managerial or executive capacity with the same firm, corporation, organization or legal entity or its legitimate subsidiary or affiliate.

EB-2: NATIONAL INTEREST WAIVER (NIW)

National Interest Waiver (NIW) allows certain foreign national applicants for employment-based immigration visas to forego many of the hurdles involved in the application process, primary of which is labor certification. The NIW program is designed to further the interest of the United States in being able to quickly recruit foreign professionals with advanced degrees or those with exceptional abilities to contribute to the development of the U.S.

⇒ EB-2: ADVANCED DEGREE VISA

EB-2 is a second preference employment-based immigration visa category for foreign national applicants with a masters degree or higher. The beneficiary must meet the requirements of an “advanced degree professional” as outlined in INA §203(b)(2) as codified in U.S.C § 153(b)(2).

EB-3: SKILLED WORKERS AND PROFESSIONALS VISA

EB-3 is a third preference employment-based immigration visa category for foreign national applicants who are professionals, skilled workers or other workers.

EB-4: SPECIALS IMMIGRANT VISA

EB-4 is a fourth preference employment-based immigration visa category for foreign national applicants who are physicians (or international medical graduates); religious workers, international organization employees; armed forces members; broadcasters; Iraqi and Afghan translators; Iraqis who have assisted the United States; Panama Canal Zone; retired NATO-6 employees; and spouses and children of deceased NATO-6 employees.

If you are seeking an employment-based or I-140 visa petition, or an adjustment of status, please contact Somair S. Alam, Esq. at somair@alamlawgroup.com or at (646) 598-9824 for further information.

 

« U.S. FAMILY-BASED IMMIGRATION »

United States citizens or lawful permanent residents can petition for qualifying foreign relatives to receive lawful permanent residency in the United States and eventually U.S. citizenship.

Uniting families is viewed by the United States as an important function of immigration law. Reflective of this policy view, members of the nuclear family of a United States citizen and of legal permanent residents are provided special privileges in the United States immigration system.

Under immigration law of the United States, “immediate relatives” of U.S. citizens and lawful permanent residents can immigrate to the United States without being subject to the usual annual numerical restrictions placed on family-based immigration. “Immediate Relatives” refers to the parents, spouses and children who are unmarried and under the age of 21 of U.S. citizens and lawful permanent residents.

Such immediate relatives can apply for permanent residency in the United States without going through the usual waiting times. Other close family members of U.S. citizens or lawful permanent residents other than “immediate relatives” can also quality to immigrate to the United States. However, they are subject to annual numerical restrictions and are divided into preference groups. The higher the preference group a close relative is in, the quicker the foreign relative will become eligible to receive a green card. Unmarried children over the age of 21 of U.S. citizens are given first preference; spouses and unmarried children of lawful permanent residents are given second preference; married children of U.S. citizens are given third preference; and brothers or sisters of U.S. citizens are given fourth preference. 

If you are interested in a family-sponsored or I-130 immigration petition, or an adjustment of status, please contact Somair S. Alam, Esq. at somair@alamlawgroup.com or at (646) 598-9824 for further information.

 

« U.S. INVESTMENT-BASED IMMIGRATION »

EB-5: INVESTMENT IMMIGRATION VISA

Foreign investors can make immigrant petitions via the EB-5 immigrant visa to move to the United States permanently while contributing to the creation of new jobs and the improvement of the American economy. The EB-5 investor visa has advantages in that investor applicants and their families do not require a sponsor, there are no lengthy waiting periods and there are no language or minimum education requirements.

 

« U.S. DIVERSITY-LOTTERY IMMIGRATION »

The United States State Department makes available a total of 50,000 immigrant visas by way of a lottery system for foreign nationals of countries with low rates of immigration to the United States.

The National Visa Center holds the lottery and chooses winners randomly from the list of qualified applicants. If an applicant is selection, he or she will have an opportunity to apply lawful permanent residence in the United States either through consular processing or an adjustment of status.

To qualify for the Diversity Immigration Visa Program, the foreign national must be a native of a country on the State Department’s list of countries with low rates of immigration to the United States and have at least a high school diploma or its equivalent, or within five years prior to the date of the visa application, have two years of work experience in an occupation that requires at least two years of training or experience. 

If you are interested in the diversity-lottery visa program, please contact Somair S. Alam, Esq. at somair@alamlawgroup.com or at (646) 598-9824 for further information.

 

« REMOVING GREEN CARD CONDITIONS »

Certain circumstances may cause a green card holder to have conditions placed on his or her permanent resident status for a two-year period. The circumstances that would cause a condition to be placed include (1) obtaining permanent residency as a result of marriage to a U.S. citizen or a lawful permanent resident; or (2) obtaining permanent residency as a results of an approved EB-5 investor visa petition. The children of conditional permanent residents will also have conditions placed on his or her permanent resident status. Within 90 days of the expiration of the two-year period conditions period, the green card holder must file a petition for the removal of green card conditions.

A conditional green card holder who obtained permanent residency as a result of marriage to a U.S. citizen of lawful permanent resident must file a Form I-751 for the removal of conditions. A conditional green card holder who obtained permanent residency as a results of an approved EB-5 investor visa petition must file a Form I-829 for the removal of conditions.

A conditional permanent resident must take the initiative to apply to have the conditions removed from his green card to remain in the United States as a permanent resident. If the green card holder does not file an application for removal of conditions or his application is denied, he or she will lose permanent residency status.

If you are require assistance in the removal of conditions on your green card, please contact Somair S. Alam, Esq. at somair@alamlawgroup.com or at (646) 598-9824 for further information.