What Are My Options?

Immigrant Visas – Obtaining Permanent Residence Status in the United States

Obtaining your permanent residence in the United States can be accomplished through a number of different processes. Depending on who your sponsor is will determine which road you will take. If you are being sponsored by a family member you are pursuing family sponsored immigration. If you are being sponsored by an employer you are pursuing employment based immigration. If you are self sponsoring you are most likely obtaining your permanent residence through investments or extraordinary ability in your specialty. If you apply for the diversity lottery and you are chosen then you could possibly gain your residence through that method. There are many different ways to become a permanent resident that this website will not go into in detail, for example, Refugee and Asylum Benefits. The following will describe a framework to determine which road to immigration is best and appropriate in your situation:

Family Sponsored Immigration

Are you:

1. Spouse or minor child of a US Citizen
2. an unmarried son or daughter of a US Citizen
3. Spouse and minor child of a permanent resident
4. an unmarried adult son or daughter of a permanent resident
5. a married son or daughter of a US Citizen
6. a Brother or sister of a US Citizen and are 21 years of age or older

The path to obtain your permanent residence through any of the family relationships listed above is handled in a different way and has a different time frame. Also, depending on where you are located will determine your path to residence. Living in the United States versus outside the United States will change the time it will take to get your residency status and the procedures required in order to get your residency. Currently, the fastest and smoothest path to your residency is either through a United States Citizen spouse or child.

The class of your preference will be determined, depending on your relationship to the person sponsoring you. Spouses of United States Citizens or parents of United States Citizens have immediate access to permanent resident status, therefore, do not fall under any preference. The following lists the preferences:

The first preference is for unmarried sons and daughters of U.S. citizens regardless of age. There is a waiting line of several years for first preference immigrants.

The second preference includes two sub-categories: one for spouses and minor children of permanent residents; and the other for unmarried adult sons and daughters of permanent residents. The first sub-category presently has a waiting line in excess of five years. There are no benefits granted to applicants waiting for a visa to become available. Because of the very limited number of visas allocated, and the large number of applicants, adult unmarried sons and daughters of permanent residents have to wait even longer to obtain permanent resident status. Caution should be exercised before filing a second preference petition for unmarried adult sons and daughters. They will generally not be able to legally immigrate for at least seven years, and if out of status during this period, new laws could bar their entry to the U.S.

The third preference category is for married sons and daughters of U.S. citizens. This category has a waiting line in excess of three years, and may get even longer.

The fourth preference is for brothers and sisters of U.S. citizens who are 21 years of age or over. This category is backlogged over 10 years and is moving slowly. It is possible that it could take anywhere from 15 to 20 years to immigrate through a citizen sibling.

To obtain the actual waiting times for each preference please contact our office.


Employment Based Immigration

Are you:

1. a person with extraordinary ability in the sciences, art, education, business or athletics
2. an outstanding professor or researcher
3. a multinational executive or manager
4. a person holding an advanced degree (at least a masters degree)
5. a person with bachelors degrees
6. a Person with a position that requires at least 2 years of education, training or experience
7. a religious worker
8. a large investor

There are three main categories under employment based immigration, each with a 40,000 annual visa allocation.

To obtain permanent residence through an employment relationship, the process usually begins with obtaining a labor certification. This requires the U.S. Department of Labor to state that there are no qualified U.S. workers that can fill the position that your employer is sponsoring you for. For this reason, it is desirable to qualify under a labor certification exempt category. All first, fourth and fifth preference immigrants are exempt, and some second and third preference immigrants are exempt also.

The first preference immigrant category is most desirable because it can be processed quickly. There are three groups: A) persons with extraordinary abilities in the sciences, art, education, business or athletics; B) outstanding professors and researchers; and, C) multinational executives or managers.

A) Persons of extraordinary ability in the sciences, art, education, business or athletics, do not require job offers and can process quickly. This category is available to that small percentage of applicants who have risen to the top of their field. The top of their field is a very complex qualification and needs to be analyzed carefully on a case by case basis.

B) More generous standards are available for outstanding professors and researchers with three years of teaching or research experience. A job offer for a permanent position from a U.S. research or teaching institution is required. Since no certification is required from the Department of Labor, these cases can be processed quickly.

C) Managers and Executives of companies with United States affiliates are eligible to obtain permanent residence under the first preference category if their services are required permanently by the United States company. They must have been employed by the overseas affiliate company for at least one of the three years immediately preceding their transfer to the United States, in a managerial or executive capacity. The United States company must also have been in existence for at least one year.

The second preference visa category is for professionals holding an advanced degree (at least a Master's degree) or a Bachelor's degree plus 5 years of progressively senior work experience. Also, the job must require such qualifications. It is possible for individuals with exceptional abilities in the sciences, arts, or business to qualify under this category. This category usually requires a Department of Labor certification, although it is possible to obtain a waiver, if it can be shown that the employment of the applicant will be in the "national interest", a very difficult qualification to prove.

The third preference immigrant visa category usually requires a labor certification except for registered nurses and physical therapists. It is divided into three separate categories: A) one for professionals with Bachelor's degrees; B) another for individuals performing a job which requires at least two years of education, experience or training; and C) one for other workers, including individuals performing jobs which require less than two years of education, training or experience. Persons in this last category are only eligible to compete for 10,000 visas. This has resulted in long waiting periods. However, there is no waiting line for most other employment third preference immigrants but labor certifications routinely take over two years to process.

The fourth preference category includes the religious workers category. These "special immigrants" have a 10,000 annual visa limit. Ordained ministers, as well as other religious workers whose services are required by non-profit religious, or other qualifying, organizations can benefit. This includes ministers, religious professionals, and a broad range of religious workers. These two last groups will only be eligible until October 1, 2000. This is a very specialized area and our office should be contacted to determine if you qualify under this preference.

To obtain the actual waiting times for each preference please contact our office.


Investment Based Immigration

To obtain permanent residence through an investment is a very challenging path, but with the right situation it is a very attractive option. The Investor category is the fifth preference and is reserved for immigrants who make very large investments. 10,000 visas are allocated annually to individuals who invest $1 million and create at least ten new jobs. The law permits the amount to be reduced to $500,000 if the business is located in a rural area, or in an urban area with high unemployment. Many desirable areas have been designated as high unemployment areas which qualify investors to obtain immigrant visas with a $500,000 investment, provided they create 10 jobs. The requirement of ten full-time jobs, excluding independent contractors and immediate family members - is usually the obstacle. It is possible to qualify with investments in troubled businesses which lost at least 20% annually for two successive years prior to filing. Investments in troubled businesses sometimes allow an applicant to show that the ten jobs have been saved rather than created. It is important to note two things 1. This category provides for a conditional green card. Therefore, after Twenty-one months after approval, a new petition must be filed to remove the conditional nature of the visa and 2. It is not guaranteed if you have an E visa (Investor Non Immigrant visa) you will be guaranteed to get your green card through this preference.

Diversity Visas Lottery

If you have completed high school you are likely to be eligible to enter in this annual program which issues 50,000 "green cards" each year. Once selected in the "drawing", winners must act quickly to be among the first to qualify for their visas. Be aware that if you are chosen in the drawing does not guarantee that you will receive you permanent residence.

Non-Immigrant Visas – Getting to the United States or Staying in the United States

There are many reasons to come to the United States temporarily either to visit relatives, see the sights, see clients for business purposes, go to a convention, close a deal, work for an international company, work for a US company, study, start a business, and many more reasons. Each of these reasons, unfortunately or fortunately, require a legal document in order to enter the United States. This legal document is called a visa or if you are in the United States an I-94 card. It is important prior to classifying yourself under one of these categories to evaluate each option carefully in order to obtain the best overall experience necessary. Many individuals come into the United States with the intention to stay temporarily, but change their mind once they enter and want to stay permanently. This is a very important reason to consult an attorney in order to evaluate all the options with your long term goals in mind. The following are some of the non-immigrant visa options available to individuals and when it is appropriate to use each one:

B - Visitor
E – Treaty Trader/Treaty Investor
F – Student
H – Specialty Occupation for Professional Workers
J – Trainee
K – Fiancée
L – Intracompany Transferee
M – Vocational Student
O – Persons of Extraordinary Ability in Arts, Business, Education or Science
P – Entertainers and Athletes
Q – Cultural Exchange
R – Religious Worker
TN – NAFTA

B – Visitors Visa:

When would you use this type of Visa?
When you are coming to the United States as a visitor for a short period of time. There are two types of B visas: B-1 Visitor for Business and B-2 Visitor for Pleasure.

How do I obtain one of these visas?
You request the visa from the United States Consulate in your country of residence. Depending on each country’s reciprocity schedule, these visas may be granted for up to 10 years, however, periods of authorized stay in the United States are usually only 6 months or less. Business visitors are usually only admitted for the duration of business.

How long may I stay in this country with this type of visa?
You may only stay as long as the INS Officer at the port of entry determines is reasonable. You are able to request an extension only if you have a legitimate reason for the extension of stay.

Visa Waiver Program

When would you use this type of visa?
Allows you to enter the United States as a visitor without first obtaining a B visa. You may utilize this type of visa if your country of citizenship is one of the qualifying countries. To see a list of the qualifying countries click here

How long may I stay in the United States with this type of visa?
You may stay in the United States for a period of 90 days without having to apply for a visa. You may not request for an extension of stay or change your visa status with this type of visa, therefore, you should be aware of the period and reason for your visit.

E Visa

When would you use this type of visa?
Allows you to enter the United States to conduct business in the United States through either a substantial investment or to conduct trade on behalf of a foreign company.

How do I obtain this visa?
There are two types of E visas: E-1 Treaty Trader Visa and E-2 Treaty Investor Visa. If you would like to obtain an E-1 visa at least 51% of the company’s trade needs to be between the treaty country and the United States. The visa may also be issued to managers, executives and essential employees of the same nationality who work for the United States branch office. To see a list of treaty countries click here

How long may I stay in the United States with this visa?
The visas may be granted, depending on the treaty involved, for an initial period of 5 years. However, the period of stay is authorized by the INS in 2 year increments. The E Visa can be extended indefinitely as long as there is a need for the investor to direct and control the United States enterprise. Be aware that essential employees are expected to be replaced by United States trained personnel.

F Visas

When would you use this type of visa?
If you would like to study in the United States and at the same time become acquainted with American culture.

How do I obtain one of these types of visas?
Students may petition for this type of visa once they have been admitted to an educational institution in the United States.

How long may I stay in the United States with this type of visa?
Students are admitted for the duration of their studies. Currently, there are very strict rules regarding F visas. Severe restrictions apply to persons who violate the F visa status. Be aware that if you enter and intend to change your status to a student you must have the officer upon entry notate it on the I-94 card.

H Visas

When would you use this type of visa?
If you are planning to temporarily work in the United States and have a job offer. There are different types of H visas. One of the most popular is the H1B visa. This type of visa requires that you have a bachelor’s degree or its equivalent.

How do I obtain one of these types of visas?
It is necessary to first find an employer in the United States who is willing to sponsor your visa. After you have obtained a sponsor you must obtain a labor condition attestation form the Department of Labor prior to filing any petitions with the Immigration and Naturalization Service. This is to ensure that the wages and working conditions do not undermine those of United States workers. Secondly, you file a petition with the Immigration and Naturalization Service requesting issuance of an H visa. Your spouse and children are also able to enter on this type of visa as dependents, but are not allowed to work.

How long may I stay in the United States with this type of visa?
Approval may be granted for up to three years and the visa may be extended for a total of up to six years.

J Visas

When would I use this type of visa?
Useful for individuals who want to come to the United States temporarily who do not have university degrees and receive an offer for training.

How do I obtain one of these types of visas?
The J-1 Exchange Visitor Program is aimed at promoting cultural exchange. This visa may be an option for students, researchers, specialists, visiting faculty, medical and industrial trainees. The J visa also in some cases may permit employment. Another advantage is that spouses may also obtain discretionary employment authorization.

How long may I stay in the United States with this type of visa?
This visa may be granted for up to an 18 month period and has exemptions form certain taxes.

K Visas

When would I use this type of visa?
Used by individuals who are married to United States Citizens, but are resident outside the United States or individuals engaged to be married to a United States Citizen and wants to enter the United States to marry the United States Citizen.

How do I obtain one of these types of visas?
The United States Citizen spouse or fiancée must petition for the foreigner to come to the United States. Once the petition has been approved in the United States then the individual outside the United States must arrange with the consulate to obtain the non immigrant visa.

How long may I stay in the United States with this type of visa?
If you enter as a fiancée you must marry the United States Citizen within 90 days of entry into the United States subsequently you can adjust your status to a green card holder. If you want to enter as a spouse of a United States citizen then you can enter and exit freely.

O and P Visas

When would I use this type of visa?
Used for individuals who are of extraordinary ability in the arts, business, education, science or athletics and want to come to the United States temporarily in the capacity of one of the listed abilities to work.

How do I obtain one of these types of visas?
First you must consult with the relevant U.S. labor union, peer and management organizations. These organizations must provide advisory opinions as to whether the applicant shows “extraordinary ability” or “extraordinary achievement” in the field, and whether the position they are coming for requires such high qualifications. Once this is completed a petition is filed with the Immigration and Naturalization Service.

How long may I stay in the United States with this type of visa?
O visas may be granted for up to three years, depending on the period of the event, but may be extended indefinitely. P visas are limited to the period of the event for a maximum of 10 years.

Q Visas

R Visas

When would I use this type of visa?
If you are a person affiliated with Internal Revenue Service-recognized tax exempt religious organizations and they allow you to obtain a work visa.

How do I obtain one of these types of visas?
Need to file a petition with the Immigration and Naturalization Service requesting issuance of this type of visa. The applicant must have been a member of the religious denomination. Also, the applicant must be seeking to enter the United States solely to work for the organization

TN Visas

When would I use this type of visa?
If you are either from Mexico or Canada and are seeking admission into the United States to work. You must have a bachelor’s degree or the equivalent and the position must qualify. This visa was established under the North American Free Trade Agreement (NAFTA) that was established between the United States, Mexico and Canada.

How do I obtain one of these types of visas?
Canadian nationals may enter the United States by showing documentation at the port of entry that they are engaged in the qualifying professions and that they have the required level of education in the area they intend to work. Mexican nationals must apply for the TN non immigrant visa at the U.S. consulate.

How long may I stay in the United States with this type of visa?
The TN visa is issued in one year increments with no limit on the total number of years given. If you are Canadian or Mexican and have run out of time under the H1B or L visa you can immediately qualify for a TN visa.