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Immigrant Visas
(Permanent Residency / Greencard)

Obviously, not all foreign nationals qualify for Permanent Resident status. Therefore, the first analytical step of a case is to determine whether the applicant's situation/basic fact pattern falls within any of the situations enumerated in the law for the acquisition of Permanent Resident status.

Pathway #1 Family-Based Immigration
Pathway #2 Employment-Based Immigration
  EB-1
  EB-2, Labor Certification
  EB-3, Labor Certification
  EB-4
  EB-5
Pathway #3 Refugee/Asylum: Fear of Persecution
Pathway #4 The Diversity Lottery Program
Pathway #5 Various Special Programs

 

Pathway #2 : Employment-Based Immigration

Under the category of Employment and Investment based immigration, there are 5 main preferences, namely:

  1. First Preference: (EB-1 priority workers) – aliens with Extraordinary Ability, including outstanding professors & researchers and certain multinational executives & managers.
  2. Second Preference: (EB-2 workers with an advanced degree or exceptional ability) – aliens who are members of a profession holding advanced degrees or their equivalent and aliens who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural/educational interests or welfare of the United States. Under this category, aliens may apply for a National Interest Waiver, if they qualify for it.
  3. Third Preference: (EB-3 professionals, skilled workers, and other workers) - aliens with at least two years of experience as skilled workers, professionals with a baccalaureate degree, and others with less than two years experience, such as an unskilled worker who can perform labor for which qualified workers are not available in the United States.
  4. Fourth Preference: (EB-4 special workers such as those in a religious vocation or occupation) - aliens who, for at least two years before applying for admission to the United States, have been a member of a religious denomination that has a non-profit religious organization in the United States, and who will be working in a religious vocation or occupation at the request of the religious organization.
  5. Fifth Preference: (EB-5 Employment Creation) – for persons who want to be granted immigrant status in the United States for the purpose of engaging in a new commercial enterprise, i.e.,

 

NOTE: Immigration law changes frequently. The resources and information provided on this web site are intended to help you understand basic issues involved in the immigration process, and are offered only for general informational and educational purposes. This information is not offered as, nor does it constitute legal advice or legal opinions. Although we strive to keep this information current, we neither promise nor guarantee that the information is the latest available, or that it applies to your specific situation. You should not act or rely upon the information in these pages without seeking the advice of an attorney.

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