Immigrant Visas
Our firm handles employment-based and family-sponsored immigration, political asylum and more

Immigration Attorneys in New York City – Immigrant Visas

Employment Based Immigration

Note: EB-2 and EB-3 classifications require:

  • Filing of a PERM application
  • Once PERM application is approved, filing of I-140, Immigrant Petition for Alien Worker
    • Some applicants may file their Immigrant Visa Petition and Adjustment of Status Application concurrently
  • Once you have reached your priority/filing date you may file the Application for Adjustment of Status to Permanent Residence (Green Card)

EB-1

The EB-1 Preference Category consists of:

  1. Persons of extraordinary ability
    • you are allowed to self-petition
    • must demonstrate extraordinary ability in sciences, arts, education, business, or athletics through sustained national or international acclaim
    • must have extensive documentation
    • must be coming to U.S. to continue work in “an extraordinary capacity”
  2. Outstanding Professors and Researchers
    • must be internationally recognized as outstanding in your academic field
    • must have three years teaching/researching experience in your field
    • must take a tenure or tenure, track position, or comparable research position at a university or other institution of higher education
    • if you are being hired by a private company, the company must employ full-time at least three other persons who engage in research activities and have achieved documented accomplishments
  3. Executives and Managers of multinational employers
    • must have been employed in a managerial or executive capacity for at least one out of the past three years with the company for whom you are working

EB-2

The EB-2 Preference Category consists of:

  1. Persons of exceptional ability
    • must benefit prospectively the national economy, cultural or educational interests, or welfare of the U.S.
    • must have a job offer from a U.S. employer to provide services in the arts, sciences, professions, or business.
    • most require the approval of a PERM Application
  2. Persons whose jobs require an advanced university degree or its equivalent

Note: Individuals may self-petition under the EB-2 category for a “National Interest Waiver.” This generally requires:

  • you plan on working in the United States in an area of substantial intrinsic merit
  • you must show that the proposed impact of your work is national in scope
  • you must show waiving the labor certification requirement would benefit the national interests of the United States

EB-3

The EB-3 Preference Category consists of:

  1. Professionals
  2. Skilled workers
  3. Unskilled workers

EB-4

The EB-4 Preference Category consists of:

  1. Religious workers
    • must have been a member of a bona fide non-profit religious denomination for at least two years prior to filing
    • must have been continuously working for the past two years in a religious capacity
    • must seek to carry out such religious occupation of the employer’s denomination
  2. Other “special immigrants”

EB-5

The EB-5 Preference Category consists of:

  1. Investors
    • must invest $1 million in a new commercial enterprise and create ten jobs for U.S. workers
      • if the enterprise is located in a rural or high-employment area, the amount invested is reduced to $500,000
    • subject to a 10,000 visa cap

Family Sponsored

To Qualify for a Family Sponsored Immigration Visa:

  • must have a family member who is a U.S. citizen or permanent resident
  • U.S. citizens can sponsor spouses, children, adult children, parents, and siblings
  • permanent residents may sponsor spouses, children, and unmarried adult sons and daughters
  • there is a numerically-limited preference system based for those who are not “immediate relatives”

Political Asylum

To Qualify for a Political Asylum Immigration Visa:

  • you must have a well founded fear of persecution in your country
  • persecution may be based on:
    • political opinion
    • religion
    • race
    • nationality
    • membership in a particular social group
  • limited to 10,000 Green Cards a year

Diversity Visa Program

To Qualify for an Immigration Visa through the Diversity Visa Program:

  • program is a random allocation of 55,000 Green Cards to persons born in designated Countries
  • need 12 years of education or;
  • 2 years experience as a skilled worker
  • Winner’s spouses and children receive Green Cards as well

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