Immigrant Visas

Information by Pittsburgh Green Card Law Firm

U.S. Citizen and Immigration Services (USCIS) issues immigrant, or permanent, visas to people who wish to permanently reside in the United States.  Nine categories of immigrant visas are available; four are based on familial relationships and five are based on employment.  Under the Immigration Act of 1990, 140,000 employment-based immigrants are allowed to enter the United States each year.  The following is a brief overview of the five types of employment-based immigrant visas:

Employment First Preference (E1)

Foreigners who fall into this category do not require additional labor certification.  Priority Workers receive 28.6% of the yearly worldwide limit.  It contains three sub-groups:

1. Those with extraordinary ability in the sciences, arts, education, business, or athletics.  To be eligible, the immigrant must extensively document sustained national or international acclaim and recognition in the field.
2. Outstanding professors and researchers who have at least three years of experience teaching or researching in their field and are internationally recognized.
3. Executives and managers who have worked at least one of the three preceding years for an overseas affiliate, parent, subsidiary, or branch of the U.S. employer and are coming to the United States to work in a managerial or executive position. 

Employment Second Preference (E2)

Professionals Holding Advanced Degrees, or Persons of Exceptional Ability in the Arts, Sciences, or Business receive 28.6% of the annual limit.  These applicants must have a labor certification approved, and the U.S. employer must file a petition on behalf of the applicant.  There are two subgroups within this category:

1. Professionals holding an advanced degree or a bachelor's degree plus at least five years progressive experience in the profession.
2. Persons with exceptional ability in the arts, sciences, or business.  Exceptional ability means having expertise significantly above that ordinarily encountered in the field.

Employment Third Preference (E3)

Skilled Workers, Professionals Holding Baccalaureate Degrees, and Other Workers receive 28.6 percent of the annual visa limit, plus any unused Employment First and Second Preference visas.  All E3 applicant prospective employers must file an approved petition.  All such workers require a labor certification.  This group includes:

1. Skilled workers who can perform a job that requires two years of training or experience.
2. Professionals with a baccalaureate degree.
3. Other workers who can fill positions requiring less than two years of training or experience, but who are not seasonal or temporary.

Employment Fourth Preference (E4)

Special Immigrants receive 7.1 percent of the annual limit.  People classified as special immigrants include certain medical doctors who have practiced continuously in the United States since 1978, long-term United States government workers abroad, battered spouses, and religious workers.  Job-related visas under this category do not require labor certifications.

Employment Fifth Preference (E5)

Employment Creation Investors receive 7.1 percent of the annual limit.  To qualify, foreign nationals must invest a minimum of $1,000,000 in a United States commercial enterprise that maintains or provides full-time employment for at least ten United States employees.  Foreign nationals who actively invest at least $500,000 for at least two years in certain targeted employment areas can also qualify for visas in this category.  No offer of employment or labor certification is needed for this category.

How to Obtain Employment-Based Visas

The process involves two steps:

1. First, the foreign national must acquire a labor certification petition if applying for the second and third preference categories; and
2. Second, those inside the United States already must file an Immigrant Visa petition and obtain adjustment of status; for those outside the United States, they must undergo consular proceedings.

Family-based Immigrant Visas

A Petition for An Alien Relative allows United States citizens and lawful permanent residents to sponsor family members from other countries who would like to immigrant.  A United States citizen can bring a spouse, unmarried children, parents, married children, and brothers and sisters.  Lawful permanent residents cannot sponsor siblings, only spouses and unmarried children.

Similarly to the employment visas discussed above, USCIS has established a preference system for family-based visas due to the limited number that are available each year.  No limit exists as to the number of visas available to spouses or minor children of United States citizens; however, the other family-based categories have numerical limitations.  Additionally, certain nations are also subject to a per-country limit on immigrant visas.  These limits can cause lengthy delays in obtaining a visa, and obtaining experienced and dedicated legal representation can assist you in ensuring the process proceeds as quickly and smoothly as possible.