What immigration options are available?

 

There are a number of visa options that will allow immigration to the US on a permanent or temporary basis.

 

• Family-Based Immigration: If you have family in the US, the easiest option will be to have a family member sponsor you.

 

• Student Visa: If you will be attending school in the US (college or university, high school, or primary school), you will be eligible for a student visa, known as an F visa.

 

• Employment Based Immigration: If you have an advanced degree you may be able to get a job in the US and have your employer sponsor you. This will typically occur through the H-1B visa process, which can be a stepping stone to a green card.

 

• Asylum: If you are coming to the US to escape persecution you may be eligible for asylum-based immigration.

 

• EB-5 Immigrant Investor: If you have $500,000 or $1 million to invest in the US, you may be able to get a visa by investing in the US through the EB-5 program

 

• Diversity Lottery: If none of the above immigration options apply to you, you may be able to get a green card through the diversity lottery program.

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What employment-based options are available for me?

 

Employment-based visas fall into two broad categories: employment-based immigration, which will lead to a green card, and nonimmigrant work visas, which will not directly lead to a green card, but serve as a stepping stone to a green card. Employment-based immigration comprises a hierarchy of five preference categories:

 

• EB-1 Priority Workers, which include (1) persons with “extraordinary ability” in the sciences, arts, education, business, or athletics; (2) outstanding professors and researchers; and (3) multinational managers or executives.

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• EB-2: Persons of Exceptional Ability and Advanced Degree Professionals, which include: (1) persons with exceptional ability in the sciences, arts, or business; and (2) persons who are members of the professions holding advanced degrees or their equivalent.

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• EB-3: Professionals, Skilled Workers, and Other Workers, which include: (1) professionals with a Bachelor's degree in their fields (2) skilled workers performing a job requiring at least two years of training or experience; and (3) “Other workers,” also referred to as unskilled workers.

 

• EB-4: Special Immigrants, which includes a narrow group primarily of religious workers

 

• EB-5: Immigrant Investors. Click here for more information.

 

Non-immigrant work visas cover a broad range of different kinds of work, from professionals (H-1B), to seasonal labor (H-2A and H-2B visas), to scientists, educators, and businessmen (O-1 visa), and to athletes and entertainers (P-1, P-2, P-3 and Q-1 visas).

 

If you hold a bachelor’s degree or an advanced degree you have the highest chance of successfully obtaining an employment-based visa. However, there are numerous other visa options for specialty professions. Contact us for a more thorough explanation of all the visa options.

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How do I obtain asylum in the US?

 

If you have fled your country because you have suffered persecution or fear of persecution due to race, religion, nationality, membership in a social group, or political opinion, you may be eligible for asylum. To obtain asylum you must be physically present in the US and can apply for asylum regardless of how you arrived or your current immigration status. Asylum law is complex and controversial, so it is important that you contact us early in the process if you are seeking asylum.

 

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What is the diversity lottery?

 

The diversity visa program provides a means of immigration to those without employment sponsorship or family ties in the US. Each year 50,000 visas are allotted to those who (1) are from a “low-admission” country; and (2) have at least a high school education or two years of work experience in an occupation requiring at least two years training or experience.

 

Low-admission countries include all countries except Bangladesh, Brazil, Canada, China (except those born in Hong Kong or Macau), Colombia, Dominican Republic, El Salvador, Haiti, India, Jamaica, Mexico, Nigeria, Pakistan, Peru, Philippines, South Korea, United Kingdom (except Northern Ireland), and Vietnam.