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Immigrant Visas

EMPLOYMENT-BASED IMMIGRANT VISAS
  • EB1 - First Preference:
    A. Persons of Extraordinary Ability
    B. Outstanding Professors and Researchers
    C. Multinational Executives and Managers

    In these categories, the candidate can petition for permanent residency without the time consuming process of labor certification.

  • EB2 - Second Preference:
    Members of Professions holding Advanced Degrees or Aliens of Exceptional Ability. Visa holders under normal circumstances must have a job offer and the employer must complete the labor certification process.

    The labor certification involves testing of the job market to show that the potential visa holder is not taking away a job from a U.S. worker. If it can be shown that the individual's entry is in the national interest, the job offer and LC requirements can be waived.

  • EB3 - Third Preference:
    Skilled Workers, Professionals and other Workers.

    Visa holders under normal circumstances must have a job offer and the employer must complete the labor certification process.

  • EB4 - Fourth Preference - Special Immigrants:
    Religious Workers, Commuters from Border, Retired G-4 (Employee of international Organizations), Returning Resident, etc. Ministers of religion are eligible for permanent residency. 

  • EB5 - Fifth Preference - Employment Creation Investors:
    With the 1990 Immigration Act, Congress has kept aside up to 10,000 visas per year just for alien investors in new commercial enterprises who will create employment for at least ten individuals. There are two investor groups under the program - people 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 elsewhere. Not less than 3,000 of the annual allotment of visas in this category must go to the targeted employment areas.

FAMILY-BASED IMMIGRANT VISAS

U.S. citizens can petition for parents, spouses, siblings and children. Permanent Residents (PR) can petition for spouses and children only. Immediate Relatives of US Citizens - Unmarried children under 21, Spouse, Parent, Widow/Widower (under certain circumstances)

  • First Preference:
    Unmarried sons or daughters of US citizens over age 21. 

  • Second Preference:
    Spouses and unmarried children of lawful permanent residents (Green Card Holders). 

  • Third Preference:
    Married sons and daughters of US citizens. 

  • Fourth Preference:
    Brothers and sisters of US citizens.

OTHER IMMIGRANT VISAS

  • Diversity Visa - DV-1 Visas (the "Green Card Lottery")
    Started in October 1994 as the Permanent Diversity Program for natives of certain countries that have provided relatively few immigrants to the US in recent years. Annually, 55,000 visas are given away in a random drawing to individuals from countries underrepresented in the total immigrant pool. 

  • Asylum | Refugee:
    People with a real fear of persecution because of race, religion, nationality, belonging to a particular social group, or political opinion can apply for asylum or refugee status.