Permanent Immigration Brief Overview
Permanent immigration allows a multitude of benefits, including the freedom to live and work in the U.S. There are three (3) main areas of permanent immigration in the U.S., they are:
- Family Based
- Employer Based
- Diversity Lottery
Family Based Immigration- U.S. Citizens may petition for spouses, parents, children and siblings to live and work in the U.S. Spouses, parents and children (under the age of 21) of U.S. citizens are known as immediate family relatives and do not have to wait until a "green card" becomes available to them. In other words, there are unlimited green cards that can be issued to this classification of family.
Certain other family members of U.S. citizens or Lawful Permanent Residents ("green card holders") are eligible for green cards. However, only a limited number of green cards are available to these applicants. Therefore, it is not uncommon for this classification of family members to wait years before a green card becomes available to them.
There are four preference categories for purposes of, non-immediate family- based immigration:
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First Preference: Unmarried children, over the age of 21, of U.S. Citizens;
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Second Preference: Spouses of lawful permanent residents, their unmarried children, under the age of 21, and unmarried children, under the age of 21, of lawful permanent residents;
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Third Preference: Married children of U.S. citizens; and
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Fourth Preference: Siblings of adult U.S. citizens.
Employment Based Immigration- Certain foreign nationals with desirable job skills to U.S. employers are eligible for green cards. However, only a limited number of green cards are available to these applicants.
There are five preference categories for employment- based immigration:
- First Preference (EB-1): Priority workers, including: persons of extraordinary ability in the arts, sciences, education, business, or athletics; outstanding professors and researchers; and managers and executives of multinational companies;
- Second Preference (EB-2): Professionals with advanced degrees or exceptional abilities;
- Third Preference (EB-3): Professionals and skilled or unskilled workers;
- Fourth Preference (EB-4): Religious workers, various miscellaneous categories of workers, and certain special immigrants; and
- Fifth Preference (EB-5): Individual investors willing to invest $1,000,000.00 in a U.S. business ($500,000.00 in some situations).
Diversity Visa Lottery- Each year, 55,000 visas are allocated for individuals from underrepresented nations. A nation is considered underrepresented if less than 50,000 people from that nation immigrated to the U.S. during the previous 5 years. Foreign nationals are randomly selected for this program and they must either be a native of the eligible nation or the child of a native. Lottery winners can also bring their spouses and unmarried children under the age of 21. Also, winners of the diversity visa lottery must be deemed admissible, including the possession of a high school diploma or 2 years� experience in a job that normally requires a least 2 years of training or experience and a showing that they will be able to financially support themselves and their family.
Countries that are typically NOT qualified for the visa diversity lottery are:
- Canada
- China
- Columbia
- Dominican Republic
- El Salvador
- Haiti
- India
- Jamaica
- Mexico
- Pakistan
- Philippines
- Poland
- Russia
- South Korea
- United Kingdom
- Vietnam
