IMMIGRANT : PERMANENT STATUS, EMPLOYMENT BASED
EB1 - First Preference
• Persons of Extraordinary Ability
• Outstanding Professors and Researchers
• Multinational Executives and Managers
In these categories, the candidate can petition for permanent residency without the time-consuming process of labor certification.
EB2 - Second Preference
Members of Professions holding Advanced Degrees or Aliens of Exceptional Ability.
Most EB2 candidates must have a job offer and the employer must complete the labor certification process. The labor certification involves testing of the job market to show that the potential visa holder is not taking away a job from a U.S. worker. If the individual can show that his/her entry is in the national interest the job offer and LC requirements can be waived.
EB3 - Third Preference
Skilled Workers, Professionals and other Workers.
Most EB3 candidates must have a job offer and the employer must complete the labor certification process.
EB4 - Fourth Preference - Special Immigrants
The EB4 category includes persons such as Religious Workers, Commuters from Border, Retired G-4 (Employee of international Organizations), Returning Residents and Ministers of religion.
EB5 - Fifth Preference - Employment Creation Investors
With the 1990 Immigration Act, Congress has kept aside up to 10,000 visas per year just for alien investors in new commercial enterprises, who will create employment for at least ten individuals. There are two investor groups under the program - people who invest at least $500,000 in "targeted employment areas" (rural areas or areas experiencing high unemployment of at least 150% of the national average) and those who invest $1,000,000 in other areas. Not less than 3,000 of the annual allotment of visas in this category must go to the targeted employment areas.
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IMMIGRANT : PERMANENT STATUS, FAMILY BASED
Overviews : Through Immediate Relatives | Through Marriage
U.S. citizens can petition for parents, spouses, siblings, and children. Permanent Residents (LPR) can petition for spouses and children only. There is no quota or limit and, therefore, no waiting list for “Immediate Relatives” of U.S. Citizens - Unmarried children under 21, Spouse, Parent, Widow / Widower (under certain circumstances). Relatives in the following “preference” categories are subject to limits on the number of visas that can be issued each year.
First Preference - Unmarried sons or daughters (over age 21) of U.S. citizens.
Second Preference – (2A) Spouses and unmarried children (under age 21) of LPRs; (2B) Unmarried sons and daughters (over age 21) of LPRs.
Third Preference - Married sons and daughters of U.S. citizens.
Fourth Preference - Brothers and sisters of U.S. citizens.
DIVERSITY VISA : DV1 Visas ("Green Card Lottery")
Started in October 1994 as the permanent Diversity Program for natives of certain countries that have provided relatively few immigrants to the U.S. in recent years. Annually, 55,000 visas are given away in a random drawing to individuals from countries underrepresented in the total immigrant pool.
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