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Immigrant Visa Categories:
Immigrant Visas can be obtained by way of a Business / Employment Petition or a family petition. An immigrant visa (which is sometimes referred to as a “green card”) is permission to live and work in the U.S. on a permanent basis. Assuming certain other requirements are meet, a permanent resident may apply for U.S. citizenship.
Some of the Preference Categories have a waiting list which can be found in the monthly visa bulletin. Please see the links to the most current visa bulletin at
http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
Family Sponsored Preferences For Permanent Residence
IMMEDIATE RELATIVES Includes:
- Spouses, parents or children (under 21 years of age) of U.S. citizens
FIRST PREFERENCE Includes:
- Unmarried sons and daughters (over 21 years of age) of U.S. citizens
SECOND PREFERENCE Includes:
- Spouses and unmarried children (under 21 years of age) of permanent residents
- Unmarried sons and daughters (21 and over) of permanent residents
THIRD PREFERENCE Includes:
- Married sons and daughters (over 21 years of age) of U.S. citizens
FOURTH PREFERENCE Includes:
- Brothers and Sisters of U.S. citizens (21 years of age) of U.S. citizens
General Information
| Those who receive their residence based upon a marriage of less than two years receive "conditional residence" for two years and must file a petition for removal of conditions ninety days before the two years expires. |
| Stepchildren are included if the marriage that created the relationship occurred prior to the child's 18th birthday. |
Employment Based Preferences For Permanent Residence
FIRST PREFERENCE Includes:
- Intra-Company Transfers - Executive or Managers.
- Outstanding Professors and Researchers.
- "Extraordinary Ability" in the sciences, arts, education, Business and athletics.
Note: Categories 1 & 2 do not require a labor certification• Category 3 does not require a labor certification or offer of employment.
SECOND PREFERENCE Includes:
- Professionals with advanced degrees.
- Aliens of "Exceptional Ability" in the sciences, arts or business.
Note: both categories require an offer of employment and a labor certification unless a "National Interest Waiver" is obtained.
THIRD PREFERENCE Includes:
- Professionals with bachelor's degrees.
- Skilled workers filing positions requiring at least two years of training and experience.
- Unskilled workers.
FOURTH PREFERENCE:
Special Immigrants include qualified ministers and religious workers and certain other categories of limited applicability.
FIFTH PREFERENCE:
Investors who invest at least $1,000,000. in an active U.S. business which employs at least 10 persons. In designated areas of high unemployment, investments of $500,000. with creation of 10 jobs may qualify. Conditional residence is granted for two years. If investment and employment continues beyond two years permanent residence is granted.
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