Immigrant Visas:

 

Immigrant visas allow foreign nationals to both work in the United States and apply for permanent residency (a.k.a. a green card). Immigrant Visas can be Employment Based Visas or Family Based Visas.

Business and Employment-Based Visas

Business and employment-based immigrant visas are divided into five preference categories. They may require a labor certification from the U.S. Department of Labor ("DOL"), and the filing of a petition with the U.S. Citizenship and Immigration Services or the U.S. Department of State. The following are the immigrant visas most commonly used by businesses and employers:

• EB-1 Foreign Nationals of Extraordinary Ability, Outstanding Professors and Researchers, and Multinational Executives and Managers: Individuals in this category can petition for permanent residency without having to go through the time-consuming labor certification process.
• EB-2 Workers with Advanced Degrees or Exceptional Ability in the Sciences, Arts or Business: Visa holders in this category normally must have a job offer and the potential employer must complete the labor certification process. The labor certification involves a testing of the job market to demonstrate that the potential visa holder is not taking a job away from a U.S. worker. In cases where an individual can show that his entry is in the nation's interest, the job offer and labor certification requirements can be waived.
• EB-3 Skilled Workers and Professionals: Visa holders in this category normally must have a job offer and the potential employer must complete the labor certification process.
• EB-4 Special Immigrant Visas for Religious Workers: Ministers of religion are eligible for permanent residency.
• EB-5 Investor / Employment Creation Visas: Under the 1990 Immigration Act, Congress has set aside up to 10,000 visas per year for alien investors in new commercial enterprises that create employment for ten individuals. There are two groups of investors under the program - those 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 rate) and those who invest $1,000,000 anywhere else.

 

Family-Based Visas

These visas allow for the immigration of foreigners to the United States based on their relationship to a U.S. citizen or legal permanent resident. The Immigration and Naturalization Act (INA) prescribes four preference categories of family-based immigrant visas. The categories are:

• First: Unmarried, adult sons and daughters of U.S. citizens. Adult means 21 years of age or older.
• Second: Spouses of lawful permanent residents, their unmarried children (under twenty-one), and the unmarried sons and daughters of lawful permanent residents.
• Third: Married Sons and Daughters of U.S. Citizens.
• Fourth: Brothers and Sisters of Adult U.S. Citizens.

Get Immediate Legal Assistance Today. Contact Greenspoon Marder Immigration Law Attorney Herschel Gavsie, to get answers regarding your case. Our attorneys are here to counsel you regarding all of your legal matters.