A Permanent Visa, or "green card", gives you
official immigration status (Lawful Permanent Residency) in the United
States. Before a foreign national can apply for admission into the U.S. as
an immigrant (if outside the U.S.) or to have status adjusted to permanent
residence (if inside the U.S.), that foreign national must first be
approved as eligible under one of the authorized immigrant categories
established by Congress.
The immigrant categories are divided below
into four groups:
1. Family sponsored immigrants
2. Employment based immigrants
3. Diversity immigrants
4. Refugees and Asylees
1. Family sponsored immigrants
Immediate relatives
Spouse of a US citizen
Child under 21 years old of a US citizen
Parent of a US citizen over the age of 21Preference categories
First Preference – Adult unmarried child of a US citizen
Second Preference a – Spouse or under 18 child of a green card holder
Second Preference b – Adult unmarried child of a green card holder
Third Preference – Married child of a US citizen
Fourth Preference – Brother or sister of a US citizen
2. Employment based immigrants
EB-1-1 – Persons of
Extraordinary ability in the sciences, arts, education, business or
athletics
EB-1-2 – Outstanding
Professors and Researchers
EB-1-3 – Multinational
Executives and Managers
EB-2 – Members of the
Professions Holding Advance Degrees or People With Exceptional Ability
EB-3 – Skilled Workers,
Professionals and Other Workers
EB-4 – Special Immigrants –
Religious Workers
EB-5 – Investor Employment
Creation Visa
Alien Labor Certification is a determination by the U.S. Department of
Labor that there are no qualified U.S. workers available for a specified
position. Alien Labor Certification is an often difficult process, which
can take several years to complete. It requires proof that the employer
has engaged in active recruitment to fill the position with an American
worker and that the employer was not able to locate sufficient
minimally-qualified U.S. workers. Alien Labor Certification is required in
employment-based immigrant petitions for beneficiaries in the EB-2
category, unless the foreign national’s work is found to be in the
national interest. It is also required in all EB-3 category
petitions.
3. Diversity immigrants
DV Visas – Green Card Lottery
The US government allocates 50,000 visas a
year for people to receive through a random computer drawing. Entry applications are submitted
online. The application is linked at travel.state.gov.
4.
Refugees and Asylees
There are certain protected groups of aliens in the US. Most common are
the asylee and refugees. Under the 1980 Refugee Act, a refugee is defined
as “any person who is outside of any country of such person’s nationality...who is unable or unwilling to return to, and is unable or unwilling
to avail himself or herself of the protection of that country because of
persecution or a well-founded fear of persecution on account of race,
religion, nationality, membership in a particular social group, or
political opinion.”
Both refugees and asylees must satisfy this definition. Indeed, in almost
every way, the requirements for refugee status and asylum are the same.
The most important difference is that an asylee makes their application
while in the US, while the refugee applies outside of their home country,
but also outside of the US.
Asylees and refugees are eligible for employment authorization and have
special paths to permanent residency.
For more detailed information about
immigration and a list of immigrant categories, visit
http://www.uscis.gov/graphics/services/imm_visas.htm#imm
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