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IMMIGRATION LAW II

GREEN CARD

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Whichever way is applicable for you, the entire immigration process can take months, or perhaps years. We recommend you contact us to find out the cost and time required to invest in the process. 

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Employment-Based Immigration

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The Immigration and Nationality Act reserves 140,000 immigrant visas for foreign workers who are sponsored by US employers. If you are sponsored by a US employer for an immigration visa, remember that there are 5 separate categories for Employment-Based Preferences:

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  1. EB-1 - Priority Workers who are considered persons of 'extraordinary ability', outstanding professors and researchers, or certain executives and managers.

  2. EB-2 - Professionals holding an advanced degree (or a bachelor's degree with at least 5 years of experience) or persons of 'exceptional ability'  in the arts, sciences, or business.

  3. EB-3 - Skilled workers(a bachelor's degree or 2 years of experience) or Unskilled workers.

  4. EB-4 - Special Immigrants

  5. EB-5 - Alien Entrepreneur which creates at least 10 new jobs for US citizens.

 

There is a limited number of visa available for each category in a year (EB-1, EB-2, and EB-3 receives 28.6 of the total available visa plus any unused by the previous category, EB-4, and EB-5 each receives 7.1 of the total). Employers must file I-140 for a EB-1, EB-2, or EB-3 worker, while file I-360 for a EB-4 worker, and EB-5 applicant file I-526.

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Family-Based Immigration

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The Immigration and Nationality Act reserves 226,000 immigrant visas for relatives of a US Citizens and Permanent Residents. There are 4 separate categories for Family-Based Preferences:

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  1. F1 - Unmarried children(over 21) of US Citizens.

  2. F2 - Spouse and unmarried children(over 21) of Permanent Residents. Separated into F2A(Spouses or unmarried children under age 21) and F2B(Unmarried children over age 21)

  3. F3 - Married children of US Citizens.

  4. F4 - Brothers and sisters of US Citizens

 

Only a certain amount of visa is available for Family-Based Immigration purpose, and the process can take years based on the number of application. Also note that there are several key restrictions that can disable your family member from immigration benefit.

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PERM Process 

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All employers seeking to sponsor a foreign worker in EB-2 or EB-3 category must be certified by the Department of Labor prior to filing the application with USCIS.

This process, coupled with the Prevailing Wage certification, advertising, and the minimum waiting period, can be an enduring process that takes in average 9-12 months to complete. If you were offered a position in a US company, we advise you seek a professional legal counsel to prepare your immigration process.

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National Interest Waiver

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Some foreign workers in a EB-2 category may file immigration application without a job offer requirement and the labor certification if one can demonstrate it is in the "national interest."

The eligible foreign worker may file I-140 along with the evidence. NIW process, if approved, can reduce time and effort put into the certification process.

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CITIZENSHIP

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Becoming a US Citizen

The citizenship process, or 'naturalization', can be a long one, often taking several years with many stops along the way. Foreign nationals must often first be granted an appropriate immigration visa or adjustment of status to obtain a green card before ultimately applying for citizenship. Others however, may already have the right to citizenship, or they may be citizens and not even realize it.

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Know before you go

Those not entitled to citizenship by birth may apply for citizenship through the naturalization process. Any adult can qualify by meeting a number of requirements:

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  • You must have held a green card for at least five years. This is reduced to three years if you are married to a U.S. citizen.

  • During your time as a legal permanent resident, you must have been present in the United States for at least 30 months. This is reduced to 18 months if you are married to a U.S. citizen.

  • You must have had residency in your state for at least three months.

  • You must remain physically present in the United States while your application is pending.

  • You must demonstrate an ability to read and write English and a basic knowledge of civics and U.S. history. This is usually done by passing the Naturalization Test.

  • You must demonstrate good moral character, usually meaning the absence of a serious criminal record.

 

Application Process

A qualified permanent residence must file N-400 to apply for citizenship. Once USCIS process your application, you are scheduled for an appointment to be fingerprinted. The agency may also request additional documents deemed necessary to verify your qualifications. After being fingerprinted, you are scheduled for an interview with a Citizenship and Immigration Services officer to answer questions about your application and to take the Naturalization Test. If you pass the test, and it is determined that you meet the other qualifications for citizenship, you are scheduled to take the oath of citizenship, at which point you are officially a U.S. citizen.

 

* Contact us at 215-821-9892 to schedule an appointment.

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