The immigrant visa process can be complex and time-consuming. Foreign nationals who wish to permanently reside in the U.S. must navigate a multiple step process. Typically the process begins with a U.S. citizen, lawful permanent resident family member, or employer submitting a petitionin on behalf of a foreign national with U.S. Citizenship and Immigration Services (USCIS). USCIS reviews the petition and supporting documents. if approved, USCIS forwards the petition to the National Visa Center (NVC) for further processing. The NVC collects additional documents, such as civil financial evidence, and then forwards those documents to the U.S. embassy or consulate in the foreign national’s home country for an visa interview. If the visa is approved, an immigrant visa is issued, allowing the foreign national to enter the United States as lawful permanent residents. It is important to note that the immigrant visa process can vary depending on the specific immigration category.
Our office plays an important role in assisting individuals with the intricate and often overwhelming process of obtaining an immigrant visa. Our expertise and knowledge are invaluable in ensuring a smooth and successful journey through the immigrant visa process. We provide personalized guidance and advice tailored to your circumstances, helping you navigate the legal requirements and paperwork involved in the process.
Immigrant Visas
Family-Based Immigration
A U.S. Citizen or Lawful Permanent Resident can petition for eligible family members to obtain permanent resident status in the U.S.
There are two groups of family based immigrant visa categories: Immediate Relative Visas (unlimited) and Family Preference Immigrant Visas (limited).
Immediate Relative Immigrant Visas: These visa types are based on a close family relationship with a U.S. citizen. Immediate relative visa types include:
IR-1: Spouse of a U.S. Citizen
IR-2: Unmarried Child Under 21 Years of Age of a U.S. Citizen
IR-3: Orphan adopted abroad by a U.S. Citizen
IR-4: Orphan to be adopted in the U.S. by a U.S. citizen
IR-5: Parent of a U.S. Citizen who is at least 21 years old
Immediate relatives have special immigration priority and do not have to wait for a visa number to become available.
Family Preference Immigrant Visas: These visa types are for specific family relationships with a U.S. citizen or Lawful Permanent Resident (LPR). The family preference categories are:
Family First Preference (F1): Unmarried sons and daughters of U.S. citizens, and their minor children.
Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (age 21 and over) of LPRs.
Family Third Preference (F3): Married sons and daughters of U.S. citizens, and their spouses and minor children.
Family Fourth Preference (F4): Brothers and sisters of U.S. citizens, and their spouses and minor children, provided the U.S. citizens are at least 21 years of age.
There are fiscal year numerical limitations on family preference immigrants. In some categories with many approved petitions compared to available visas, there may be a waiting period of several years, or more, before a priority date is reached.
Fiancé(e) K-1 Visa Process:
If your fiancé(e) lives overseas, a K-1 visa allows your fiancé(e) to enter the U.S for a period of 90 days, so that your marriage ceremony can take place in the U.S. Once you and your fiancé(e) marry, your spouse can file an Adjustment of Status application and remain in the U.S. while the application is processed.
Adjustment of Status vs. Immigrant Visa Process (IVP):
The Immigration and Nationality Act (INA) provides two pathways to permanent resident status. The first, adjustment of status, is the process by which an eligible individual already in the U.S. can obtain permanent resident status without having to return to their home country to complete visa processing. The second, the Immigrant Visa Process "IVP," allows for an individual who is physically outside the U.S. (or who is in the U.S. but is ineligible to adjust status) to obtain a visa abroad and enter the U.S. as a permanent resident.
Adjustment of Status: An individual may change his or her immigration status while in the U.S. from nonimmigrant or parolee (temporary) to immigrant (permanent) if the individual was: (1) inspected and admitted or paroled into the U.S., and (2) is able to meet all required qualifications for a green card (permanent residence) in a particular category.
Immigrant Visa Process: An individual who is: (1) the beneficiary of an approved immigrant petition, and (2) has an immigrant visa number immediately available, may apply at a U.S. Department of State consulate abroad for an immigrant visa in order to come to the U.S. and be admitted as a permanent resident.
Conditional Permanent Residence
Permanent residence will be conditional if it is based on a marriage that was less than 2 years old on the day you were given permanent residence. Conditional permanent residence is valid for 2 years and must be removed by filing a Form I-751, Petition to Remove Conditions on Residence. File the Form I-751 during the 90 days before your second anniversary as a conditional resident. (Note: the conditions on your resident status must be removed or you will lose your permanent resident status).
Application Process
The process generally begins by filing a Form I-130, Petition for Alien Relative. The Form I-130 establishes that a familial relationship exists between the sponsoring relative and the foreign national relative. If your relative is in the U.S., he or she may apply to adjust status to a permanent resident. If your relative is outside the U.S., your petition will be sent to the National Visa Center (NVC). The NVC will forward your petition to the appropriate U.S. consulate when a visa becomes available and your relative will be notified about how to proceed.
Employment-Based Immigration
A U.S. employer can sponsor a foreign national to obtain their permanent resident status under one of five preference categories (EB-1 to EB-5).
Labor Certification and Filing a Petition
To begin the employment-based immigrant visa process, the applicant's prospective employer must first obtain a labor certification approval from the Department of Labor (note: some preference categories do not require a labor certification). In cases requiring a labor certification, once approved, the employer then files an Immigrant Petition for Alien Worker, Form I-140, with the U.S. Citizenship and Immigration Services.
Employment First Preference (EB-1): Priority Workers
Persons with extraordinary ability in the sciences, arts, education, business, or athletics. Applicants in this category must have extensive documentation showing sustained national or international acclaim and recognition in their fields of expertise. No specific job offer or labor certification is required. (Applicants can self-petition without a job offer or petitioning employer). INA § 203(b)(1)(A).
Outstanding professors and researchers with at least three years experience in teaching or research, who are recognized internationally. Applicants in this category must be coming to the U.S. to pursue tenure, tenure track teaching, or a comparable research position at a university or other institution of higher education, or in a comparable research position with a private employer under certain circumstances. (A prospective employer must provide a job offer and file a Form I-140 with USCIS). INA § 203(b)(1)(B).
Multinational managers or executives who have been employed for at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer. The applicant’s employment outside of the U.S. must have been in a managerial or executive capacity, and the applicant must be coming to work in a managerial or executive capacity. (A prospective employer must provide a job offer and file a Form I-140 with the USCIS). INA § 203(b)(1)(C).
Employment Second Preference (EB-2): Professionals Holding Advanced Degrees and Persons of Exceptional Ability
Under this preference category, a labor certification approval is generally required. Additionally, a job offer is required and the prospective employer must file a Form I-140.
National Interest Waiver. Applicants may apply for a national interest waiver exemption from the job offer and labor certification if the exemption would be in the national interest.
Professionals holding an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree and at least five years progressive experience in the profession. 8 CFR § 204.5(k).
Persons with exceptional ability in the sciences, arts, or business, that will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States. (Exceptional ability means having a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business). 8 CFR § 204.5(k).
National Interest Waiver. National interest waivers are usually granted to those who have exceptional ability and whose employment in the U.S. would greatly benefit the nation.
Employment Third Preference (EB-3): Skilled Workers, Professionals, and Other Workers
Under this preference category, labor certification approval is generally required. Additionally, the prospective employer must file a Form I-140.
Skilled workers are persons whose jobs require a minimum of 2 years training or work experience that are not temporary or seasonal.
Professionals are members of the professions whose jobs require at least a baccalaureate degree from a U.S. university or college or its foreign equivalent degree.
Other workers are persons capable of filling positions that require less than two years of higher education, training, or experience. 8 CFR § 204.5(l)
Employment Fourth Preference (EB-4): Certain Special Immigrants
Under this preference category, an applicant must be the beneficiary of an approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. (A labor certification is not required).
Broadcasters
Certain Employees or Former Employees of the U.S. Government Abroad
Certain Former Employees of the Panama Canal Company or Canal Zone Government
Certain Former Employees of the U.S. Government in the Panama Canal Zone
Certain Former Employees of the Panama Canal Company or Canal Zone Government on April 1st, 1979
Iraqi and Afghan interpreters/translators
Iraqi and Afghan nationals who have provided faithful and valuable service while employed by or on behalf of the U.S. government
International Organization Employees
Persons Recruited Outside of the United States Who Have Served or are Enlisted to Serve in the U.S. Armed Forces
Certain retired NATO-6 civilians
Employment Fifth Preference (EB-5): Immigrant Investors
Immigrant Investor visa categories are for capital investment by foreign investors in new commercial enterprises in the U.S. which provide job creation.
EB-5 investors must invest in a new commercial enterprise, which is a commercial enterprise: (1) Established after Nov. 29, 1990, or (2) Established on or before Nov. 29, 1990, that is: (a) Purchased and the existing business is restructured or reorganized in such a way that a new commercial enterprise results, or (b) Expanded through the investment so that a 40-percent increase in the net worth or number of employees occurs.
A qualifying investment must, within two years, create full-time jobs for at least 10 U.S. citizens, lawful permanent residents, or other immigrants authorized to work in the U.S.
Required minimum investments are:
$1,000,000 (U.S.); or
$500,000 (U.S.) in a high-unemployment or rural area, considered a targeted employment area.