Permanent immigration is the ultimate goal of many people entering or planning to enter the United States. Lawful Permanent Residency offers individuals a multitude of benefits, including the freedom to live and work permanently in the United States. There are two ways to qualify for a “Green Card” (Permanent Residency): through family or through employment.
FAMILY - BASED IMMIGRATION
United States Citizenship and Immigration Services (USCIS) issues Legal Permanent Residency Visas (commonly referred to as green cards) based on a quota system. For Family-Based “Green Cards,” a system of preference categories is used in addition to the quota system.
The application process for family-based immigration includes submitting a petition with the USCIS. The application waiting period will fluctuate, but usually takes several months to several years depending on the preference category of the beneficiary.
At CLARK CASTALDI PLLC, our experienced attorneys will quickly determine if you are eligible to apply through a family member. We will then submit the most complete and thorough petition possible. In addition, our attorneys know the processes and procedures to work with various government agencies to ensure the best possible outcome in a timely manner.
Family-Based Preference Categories
Immediate Relatives of U.S. Citizens: include spouses and child(ren), and for U.S. citizens over 21 years of age, their parents.
1st Preference: Unmarried sons and daughters of U.S. citizens
2nd Preference:
A – Immediate relatives of Legal Permanent Residents; only spouses and child(ren) qualify as immediate relatives in this catagory.
B – Unmarried sons and daughters of Legal Permanent Residents
3rd Preference: Married sons and daughters of U.S. citizens
4th Preference: Brothers and sisters of U.S. citizens
The definition of spouse can also include widow(er)s under specific circumstances. The definition for child(ren) includes step-child(ren), adopted child(ren), adopted orphans and child(ren) born out of wedlock. To qualify as a “child,” the beneficiary must be under 21 years of age and unmarried.
EMPLOYMENT - BASED IMMIGRATION
Obtaining an Immigrant Visa (“Green Card” / Legal Permanent Residency) through Employment. In order to receive a Legal Permanent Resident Visa through employment, you must have a job offer from a United States employer, specific education and work experience for that job, and there must be no qualified American willing or able to take that job.
In most cases, a Labor Certification filed with the United States Department of Labor is required to show that an alien is not taking a position that a United States worker could fill. A Labor Certification is not always necessary for the more skilled and unique jobs in question. Immigrant visas are subject to a quota, however, at a minimum, 140,000 visas are issued per year. In addition, Employment-Based Visas are allocated according to five preference categories.
At CLARK CASTALDI PLLC, our experienced attorneys work with the employer and employee to submit the most complete and thorough petition, which emphasizes the applicant’s education, qualifications, and experience. In addition, our attorneys know the processes and procedures needed to work with various government agencies needed to ensure the best possible outcome.
Employment-Based Preference Categories
1st Preference: Priority workers, who are defined as persons of extraordinary ability, outstanding university professors or researchers, and executives or managers of multinational companies. If you are a person of extraordinary ability, you do not need a job offer from a United States employer.
2nd Preference: Professionals holding advanced university degrees, and for persons of exceptional ability in the sciences, arts or business. If your presence will benefit the United States in the future, you may be exempt from having a job offer or Labor Certification. Your positive impact must be national in scope, as well as substantial, and it must be as a direct result of your talent or skills.
3rd Preference: This category is quite broad and consists of professional workers, skilled workers, and unskilled workers. All three job classifications require a job offer and a Labor Certification. However, the number of “Green Cards” given to unskilled workers is just a fraction of those given for professional or skilled workers.
4th Preference: This category includes religious workers such as ministers or nuns.
5th Preference: Investors willing to invest a minimum of $500,000 to $1,000,000 in a new or existing United States business that creates at least 10 new full-time jobs for U.S. citizens or authorized alien workers. The minimum amount of investment depends on the location of the business.
Permanent immigration is the ultimate goal of many people entering or planning to enter the United States. Lawful Permanent Residency offers individuals a multitude of benefits, including the freedom to live and work permanently in the United States. There are two ways to qualify for a “Green Card” (Permanent Residency): through family or through employment.
Obtaining an Immigrant Visa (“Green Card” / Legal Permanent Residency) through Employment. In order to receive a Legal Permanent Resident Visa through employment, you must have a job offer from a United States employer, specific education and work experience for that job, and there must be no qualified American willing or able to take that job.