| Immigrant Visa Classification |
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| The status of a lawful permanent resident of the United States may be obtained by applicants in one of the three ways: |
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Employment based i.e they must obtain preference classification based upon petition of the sponsoring employer or prospective employer for occupational preference, or based on a major investment in the United States
Family-based i.e they must obtain preference classification based upon petition of specified close relatives who are permanent residents or citizens of the United States
Diversity (lottery) Visa program |
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| Employment based (EB1, EB2, EB3, EB4, EB5) |
| The Immigration Act now defines five categories or preferences for immigration based on employment or employment-creation: |
| 1. Preference I “Priority Workers” |
| This category includes: |
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Aliens with “extraordinary ability” in arts, sciences, education, business and athletics
Outstanding Professors and Researchers
Certain Multi-national Executives and Managers |
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| 2. Preference II –Professionals and Aliens of “Exceptional Ability” |
| Immigrant status is available to qualified immigrants who are members of the professions holding advanced degrees or their equivalent, or who because of their “exceptional ability (which must be demonstrated by more than just a degree or license) in the sciences, arts or business, will substantially benefit the national economy, cultural or educational interests, or welfare of the United States. |
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| 3. Preference III- Skilled Workers, Professionals and Other Workers |
Skilled Workers: An alien qualifies as a skilled worker if at the time of petitioning for classification, the alien qualifies to perform skilled labor requiring at least two years’ training or experience and is being sponsored for a position which is not temporary or seasonal in nature, for which qualified workers are not available in the United States
Professionals: These are aliens holding baccalaureate degrees and members of the persons employed in positions for which United States workers are not available.
Other Workers: This sub-category is reserved for aliens capable of performing unskilled labor not of a temporary or seasonal nature for which qualified workers are not available in the United States. |
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| 4. Preference IV- Special Immigrants |
| This category is reserved for certain qualified special immigrants such as religious workers, certain former United Nations employees, etc. |
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| 5. Preference V- Employment- Creation Immigrants |
| The Investor provision provides visas to applicants who invest a minimum of $1,000,000 in a new enterprise in the United States that results in the creation of employment of at least 10 qualified workers (United States citizens, permanent residents, and certain other individuals who are authorized to work in the United States) other than immediate family members of the investor. In certain exceptional circumstances, including where the investment is made in an area of high employment or rural area, the investment amount may be reduced to $500,000. |
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| B. Family- Sponsored Preferences |
Immediate relatives of U.S. citizens including spouse, minor children and minor children of adult U.S. citizens remain an unrestricted category not subject to any numerical limitation. However, the number of immediate relative applicants admitted is tabulated and can impact on and reduce the number of visas available to family sponsored preference categories.
Family relationships which are also eligible for preference consideration are the following:
First Preference: Includes unmarried sons and daughters of United States citizens.
Second Preference: Includes spouses and unmarried children of Permanent Resident aliens and unmarried Adult sons and daughters of Permanent Resident Aliens.
Third Preference: Married Sons and Daughters of United States citizens
Fourth Preference: Brothers and Sisters of United States citizens. |
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| C. Diversity Immigrants |
| This term refers to certain “lottery programs” where citizens of a number of designated countries may file a letter type application to a designated office at the State Department for possible random or chronological selection for immigrant visas without any reference to the applicant’s relationship to United States citizens, permanent residents, or U.S employers. |
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