Resident
Employment-Based
U.S. permanent residence (commonly referred to as green card status) may be gained through a range of employment-based (EB) immigration options. Many of the EB options require the sponsorship of a U.S. employer. The employer must intend to hire the foreign national on a long-term basis for a position that is not considered temporary. The employer must obtain approval through the U.S. Department of Labor (DOL) and/or the USCIS, depending upon the type of case. In limited EB categories, the foreign national may self-sponsor. In some cases, the U.S. employer can be or must be a company owned in whole or in part by the foreign national.
Many EB cases require three separate stages. In such cases, the first stage is the PERM labor certification (PERM labor) process. The second stage is the filing of an immigrant petition with the USCIS by the employer. The third stage requires the foreign national to apply either for adjustment of status to permanent residence or for consular processing for an immigrant visa, based upon approval of the first two steps.
Requirements
- All cases require the filing of a petition with the USCIS.
- Most cases require a permanent offer of employment from a U.S. employer.
- All cases in the employment-based, third (EB3), and most cases in the employment-based second (EB2) preference categories require employment sponsorship and approval of PERM labor.
- Self-sponsorship, based upon qualifications, is available in EB2 (National Interest Waiver – NIW) and EB1 (extraordinary ability) categories.
- Self-sponsorship via investment is available in the EB5 category.
- No PERM labor is required in EB1 (Extraordinary Ability, Multinational Executive Transferee, and Outstanding Professor/Researcher), EB2 (National Interest Waiver), EB4 (Special Immigrant), or EB5 (Investor) cases.
- All EB cases require that the foreign national complete the process with either an adjustment-of-status (AOS) or consular processing (CP) application.
How We Can Help You
The Global Solicitors Law Firm can evaluate potential EB options for U.S. employers who wish to sponsor workers, as well as foreign nationals. We provide full-scope representation throughout the EB immigration process. Our attorneys can analyze options, develop case strategies, and represent petitioners and applicants throughout the EB immigration process.
The Global Solicitors Law Firm has extensive experience with PERM labor and the related matters of educational equivalencies and employers’ ability to pay. We have a long record of success in the special category, EB1 (extraordinary ability and outstanding professor/researcher) green card cases, and EB2 NIW petitions. We are also experienced and available to represent qualified foreign national EB5 investors and those categorized under EB4, special immigrants, including religious workers.
Family Based
Family-based immigrant petitions are filed by either U.S. citizens or permanent residents. The term immediate relative applies to limited relatives of U.S. citizens, including spouses, parents, and children. Special rules apply for spouses of U.S. citizens if marriage is less than two years in duration. The term preference relative applies to certain other relatives of U.S. citizens and permanent residents. Preference relatives include married and unmarried sons and/or daughters (over 21) of U.S. citizens; brothers and/or sisters of U.S. citizens. Also included as preference relatives are: spouses, minor children, and unmarried sons and/or daughters (over 21) of U.S. permanent residents. Preference relatives cannot obtain permanent residence until their priority dates are current.
Immediate relatives do not face waiting times for visa availability. Immediate relatives in the United States may qualify to file Form I-485 to adjust their status. Preference relatives often face very long waiting times, due to strict annual limits on permanent immigration benefits. The length of the wait depends upon which family preference category is appropriate, as well as the country of origin.
Requirements
- The sponsoring relative must file a petition (Form I-130) on behalf of the qualifying foreign national relative. If the relative is outside the U.S., the immigrant visa case will proceed via consular processing.
- Immediate relatives require an I-130 filing for each sponsored family member.
- Sufficient documentation of the qualifying family relationship must be provided.
- Family-based cases generally require an affidavit of support.
How We Can Help You
- Global Solicitors Law Firm attorneys can assist in preparation for and representation at interviews at USCIS offices or U.S. consulates.
- Our attorneys also advise about legal issues and may assist in all types of family-based immigration cases at local USCIS offices, service centres, and U.S. consulates abroad.
Lottery
The U.S. Department of State (DOS) conducts an annual visa lottery program. This program, known as the diversity visa lottery or DV lottery, allocates 50,000 immigrant visa numbers each year. These visa numbers are granted to individuals who are chargeable to countries with low rates of emigration to the U.S. The DOS conducts an online registration for a limited period annually. Applicants who are selected are eligible to pursue U.S. permanent residence if they are otherwise qualified for permanent residence status. Far more than 50,000 “winners” are selected by DOS each year; not all “winners” will be able to meet the requirements for permanent residence. No one can help increase an applicant’s chance of selection in the DV lottery. Lottery “winners” are permitted to apply either for adjustment of status to permanent residence within the U.S. or for an immigrant visa at an appropriate U.S. consulate abroad.
Requirements
- Must be born in (or otherwise chargeable to) a qualifying country
- Must have either a high school education or its equivalent, or two years of work experience in the past five years in an occupation that requires at least two years of training or experience
- Permanent residence status not granted or guaranteed by lottery selection
How We Can Help You
- The Global Solicitors Law Firm consults with individuals to determine potential eligibility for the DV lottery.
- We advise regarding DV lottery procedures, timelines, documentation requirements, and legal issues.
- Each year, we assist some of the lucky lottery “winners” with the process of either filing for Adjustment of Status or Consular Processing.
- The lottery process is time-sensitive, thus, proper legal guidance can be vital to achieving the objective of becoming a permanent resident.