Shpigler - Immigrant Visas

Immigrant Visas

Immigrant Visas allow individuals to stay in the United States permanently. The so-called "green card" is an identification card issued only to lawful permanent residents (although it hasn't been green for years).

A. Labor Certification

The most common way to obtain a work-related green card requires a company sponsor to go through the Labor Certification process, which is extremely complex and involves proving there is a business necessity for the alien worker's skills. Further, it must be shown that no U.S. citizen or permanent resident has been found who possesses those skills. An employer may not apply for a visa on behalf of a potential employee until Labor Certification has been successfully completed.

B. Priority Workers

Aliens who can document extraordinary ability in a specific field may qualify for "priority worker" status. If the alien presents sufficient evidence, he or she can completely avoid the Labor Certification process. Other special immigrant visas include those for "outstanding researchers," certain multinational executives and managers and individuals whose work is in the national interest of the United States.

C. Family - Sponsored Immigration

Aliens who have qualifying family relationships may apply for permanent residence. There are two basic categories: (1) Immediate Relatives; and (2) Preference Immigrants.

1. Immediate relatives

Immediate relatives include spouses of U.S. citizens, minor children (under 21) of U.S. citizens, parents of U.S. citizens, provided that the citizen petitioner is at least 21 years old, and certain spouses of deceased U.S. citizens.

2. Preference Immigrants

(1) First Preference:

Unmarried sons or daughters of U.S. Citizens (including those over 21).
(2) Second Preference:

(3) Third Preference: Married sons or daughters of U.S. citizens.
(4) Fourth Preference: Brothers or sisters of U.S. citizens, if such citizens are at least 21 years old.
(5) Derivative Beneficiaries: The spouse or child of the principal alien is entitled to the same status and order of consideration, if accompanying or following to join the spouse or parent.