U.S. PERMANENT RESIDENCY
Permanent resident or 'green card' status allows an individual to live permanently in the United States with the right of employment and the ability to travel in and out of the U.S. Immigrant visas are primarily available in four basic categories:
1. Employment Based Immigration
2 .Family Based Immigration
3. Asylum
4. Special Laws for citizens of certain countries
1. Employment Based Immigration
Permanent Residency through Employment
The following are the categories which an individual may fall into for employment-based permanent residency petitions:
1. DV-1 Visas (the "Green Card Lottery")
55,000 visas are annually allotted in a random drawing to individuals from nations
underrepresented in the total immigrant pool.
2. 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.
3. 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 national
interest, the job offer and labor certification requirements can be waived.
4. 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.
5. EB-4 Special Immigrant
Visas for Religious Workers Ministers of religion are eligible for permanent residency.
6. 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 who create employment for a minimum of
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. No fewer than 3,000 of the annual allotment of visas must go to targeted
employment areas.
7. DV-1 Visas (the "Green Card Lottery")
55,000 visas are annually allotted in a random drawing to individuals from nations
underrepresented in the total immigrant pool.
2. Family Based Immigration
Family Sponsored Immigration
U.S. citizens may petition for spouses, parents, children and siblings. Permanent residents may petition for spouses and children.
Family-based immigration is the most common form of obtaining lawful permanent residency, which is more commonly known as a “green card.” Family members of United States citizens and lawful permanent residents (LPRs) of the United States may obtain legal permanent residence in the United States. Filing for permanent residency also allows one to obtain an employment authorization document, commonly referred to as a “work permit,” which authorizes lawful employment in the United States pending a decision on the application for permanent residency.
6 categories of family-based permanent residency:
1. Immediate Relatives (spouses and minor children of U.S. citizens. For immigration purposes,
a “child” is a person under the age of 21).
2. First Preference (unmarried sons and daughters of U.S. citizens. For immigration purposes,
“son” and “daughter” means a child over the age of 21)
3. Second Preference (2A) (spouses and unmarried children under the age of 21 of
lawful permanent residents)
4. Second Preference (2B) (unmarried sons and daughters over the age of 21 of
lawful permanent residents)
5. Third Preference (married sons or daughters of U.S. citizens. This means a child over
the age of 21)
6. Fourth Preference (brothers and sisters of U.S. citizens to individuals from nations
underrepresented in the total immigrant pool.
3. Asylum
Refugee and Asylum Applications
Persons with a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion may be eligible to apply for asylum or refugee status in the U.S.
4. Specials laws for citizens of a certain countries
National Interest Waiver
The National Interest Waiver petition allows foreign nationals to bypass the cumbersome labor certification process which is ordinarily required in obtaining permanent residence through the EB-2 employment-based permanent residence category. In order to qualify for the National Interest Waiver, the following three requirements must be met. First, the applicant must be seeking employment in an area of substantial intrinsic merit. In other words, applicants must prove that there is something inherently beneficial about the work they propose to do in the United States. Second, the proposed benefit of the employment should be national in scope (i.e., beneficial to the entire nation). Third, the applicant must show that the national interest would be adversely affected if a labor certification were required.
Donovan Law Office has substantial experience filing National Interest Waiver petitions on behalf of qualified professionals from across the United States and throughout the world. Potential clients can rest assured that we will only accept their National Interest Waiver case if we feel confident that it is likely to be approved. In the event that we determine that the National Interest Waiver is not a viable option, we will work with you to determine alternatives for obtaining your permanent residence that have a higher probability of success.