| Immigrant Visas |
LAW OFFICES OF Marty, LaMadrid & Starkey A Professional Limited Company |
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This category includes spouses and unmarried minor children of U.S. citizens; parents of citizens when the citizen is at least twenty-one years of age; and certain widows and widowers of citizens. There is no numerical restriction on the number of immediate relatives permitted to immigrate each year to the United States. Under the Immigration Marriage Fraud Amendments of 1986, when an alien spouse of a citizen or permanent resident is admitted to permanent residence at any time prior to the second anniversary of the couple's marriage, the alien will be granted residence subject to review and possible loss of residence after two years if the marriage is not still intact. Spouses and children of aliens qualified as immediate relatives of citizens cannot immigrate as derivative immigrants.
A limited number of visas are available each year in each of the family-sponsored preference categories. As a result, there may be no waiting period or a waiting period of up to ten or more years before a visa number becomes available, depending on the category and the country of citizenship of the beneficiary. Each month, the U.S. Department of State publishes a Visa Bulletin showing the current priority date for each of the family-sponsored categories. The "priority date" is the date indicated on the beneficiary's visa petition approval notice, reflecting the date the petition was filed/accepted for processing.
The first family-sponsored preference category is set aside for unmarried sons and daughters of citizens who are twenty-one years of age or older. The second family-sponsored preference category is reserved for spouses and unmarried sons and daughters of permanent residents. The third family-sponsored preference is married sons and daughters of U.S. citizens, over or under the age of twenty-one. The fourth family-sponsored category is brothers and sisters of U.S. citizens when the citizen is at least twenty-one. Waiting periods for a visa of ten years or more are typical in this category. Spouses and children of an alien qualified for immigration in one of the four family-sponsored preferences can also immigrate in that preference as "derivative immigrants".
Employment-Based Immigrants
Generally. This category is allotted a total of 40,000 visas annually, plus any unused visas from the Special Immigrant and Employment Creation visa categories. A labor certification is not required for the E-B1 Category.
Persons with Extraordinary Ability. The person must demonstrate extraordinary ability in the sciences, arts, education, business, or athletics. Eligibility is established through extensive documentation showing that the applicant is at the very top of his or her field. Additionally, the person must present evidence that he or she plans to work in the United States in his or her recognized field. However, no full-time, permanent job offer is required.
Outstanding Professors and Researchers. To qualify, a person must be internationally recognized as outstanding in his or her field. The applicant must document at least three years of experience teaching or performing research in the field, and must be offered a tenured or tenure-track teaching position or a permanent job offer as a researcher. To qualify as a researcher for a private employer, the employer must employ at least three researchers and have documented acclaim in the field.
Multinational Executives and Managers.
The future employment must be in a managerial or executive position. To act in a managerial capacity, the employees supervised by the alien must be professionals. Generally, the petitioning employer or subsidiary must have employed the beneficiary for at least one year in the three years preceding the petition.
Generally.
This category is allotted a total of 40,000 visas annually, plus any unused visas from the EB-1 category. Aliens in this category must have employer sponsorship and generally must undertake the labor certification process, although this requirement may be waived for aliens in business, science, or the arts on the ground of national interest.
Professionals with Advanced Degrees. This category encompasses members of the professions holding advanced degrees or their equivalent. An advanced degree is a degree which requires at least one academic year of graduate study following completion of four years of undergraduate study. The equivalent is defined as an undergraduate degree plus five years of progressive experience in the profession. The job offered must require an advanced degree.
Exceptional Ability in Sciences, Arts or Business. Exceptional ability is generally defined as "a degree of experience significantly above the ordinary." The applicant must show that he/she will substantially benefit the national economy, cultural or educational interests, or welfare of the United States.
This category consists of three subcategories: professionals with bachelor's degrees in their fields but not necessarily any experience; skilled workers, defined as foreign nationals capable of performing a job requiring at least two years of training or experience; and other workers, who are capable of filling positions requiring less than two years of training or experience. Labor certification is required.
Immigrant visas are available to persons whom the Department of Labor (DOL) certifies as having an offer of permanent, full-time employment at a job for which there is a demonstrated shortage of U.S. workers. The first step in the labor certification process is to file forms with the local Department of Labor. The local office issues instructions for advertisement of the position to test the labor market for qualified U.S. workers. The job offer remains open for thirty days and any interested applicants are referred directly to the local office, and from there to the employer. The employer must interview all minimally qualified applicants and may reject them only for lawful, job-related reasons. The results of the recruitment are forwarded to the local office, and from there to the regional DOL office for a decision. The present processing time for Labor Certification is 10 to 14 months. Upon approval of the labor certification application, an immigrant visa petition must be submitted to the Immigration & Naturalization Service (INS). It is INS policy to require verification of the employer's ability to pay the wage offered to the alien in the labor certification application as of the original date of filing. Visa Bulletin - click here to check priority dates for employment-sponsored categories
Investor Visas
If a Foreign National from any country makes a cash investment of between $500,000 - $1,000,000 in a "qualifying" United States business, and creates a minimum of ten (10) full time positions/jobs, the Foreign National and his/her immediate relative dependents can obtain Lawful Permanent Resident status if the business survives for two (2) years.
Diversity Lottery
55,000 permanent resident visas per year are allotted to "diversity immigrants," including family members of the principal applicant. To be eligible for a diversity lottery, the alien must: (1) be a native of a "low admission" country, as designated by the Attorney General; and (2) have at least a high school education or its equivalent, or at least two years of training or experience in a skilled occupation (one requiring at least that much training or experience), gained within five years of the date of application for a diversity visa. An application can be submitted on a plain sheet of paper which contains the following information typewritten or legibly printed: (1) the applicant's full name; (2) the applicant's date of birth; (3) the applicant's place of birth; (4) the names, dates and places of birth of the alien's spouse and children, if any; (5) a current mailing address; (6) the applicant's native country if different from country of birth; and (7) the U.S. consulate nearest to applicant's current foreign residence or, if applicant is in the United States, the consulate nearest to the last foreign residence prior to entry into the United States. The applicant must type or print legibly on the upper left-hand corner of the envelope in which the application is mailed: (1) the name of the country of which the applicant is a native; (2) the applicant's name; and (3) the applicant's mailing address (must be same listed in the application for selection.) At the center of the envelope, the applicant must type or print the address of the National Visa Center. When an application is selected, a notice of selection is sent immediately by the NVC to the applicant at the mailing address specified, together with Packet III, the immigrant visa processing information packet. Selected applicants in the United States who meet the requirement for adjustment of status have the option of applying for adjustment of status.
Adjustment of Status to Lawful Permanent Residence
When a family or employment based petition has been approved and an immigrant visa is immediately available, the alien may apply for adjustment of status in the United States or for an immigrant visa at a U.S. consulate abroad. With employment-based immigrant visas, the petition must be approved before the alien may file his or her application for permanent residence. With family-based immigrant visas, if the alien is inside the United States and has an immigrant visa immediately available to him or her, the petition may be filed concurrently with the alien's adjustment of status application.
Visa Bulletin - click here to check priority dates for adjustment of status purposes
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