Immigration, Your Path to a Green Card

Immigration
Your Path to a Green Card

This Slideshow is an excerpt taken
from the Immigration Navigator: From
Foreign Immigrant to American Citizen
Visit comingtoamerica.org
to purchase this simplified roadma
towards American Citizenship.
Get Social With US!

How to go about getting a green card
from a country that issues very few
each year?
Start Planning Early!

A. Selecting the Right Path
Employment-based Immigration
Marriage Family Luck
Four general types:
• Employment with a U.S.
employer
• Investment
• Self-petition
• Specialized jobs or waivers

Corporation
Partnership
Sole Proprietor
Individual
Permanent Employment
1. Employment-Based Green Card

You do not have to be in the U.S., or working for
the employer, for them to petition for you! You can
be living abroad, or working for another employer.
The labor certification is a “future job offer,”
therefore, the process can be started before you
begin employment, or come to the U.S.

LIMITED
Preference Categories

Priority Workers
EB-1
Receive visa numbers before other categories, and are always “current,”
i.e., these visas are always available.
This includes workers with extraordinary ability in;
• The Sciences
• Arts
• Education
• Business
• Athletics
• Outstanding Professors and Researchers
• Multinational Executives and Managers

Advanced Degree Professionals, and
Persons with Exceptional Ability
EB-2
An advanced degree is a U.S. Master’s degree, or equivalent, or higher.
This preference category also includes persons with exceptional ability in
the sciences, arts, or business.

Professional, Skilled and Other Workers
EB-3
This is the most used preference category, and includes;
• Professional workers (those with a U.S. bachelor’s degree
or equivalent)
• Skilled workers with two years of training or experience
• Unskilled labor, which requires less than two years experience.

Require Sponsoring Employer
EB-2 & EB-3
It is important to note that the job offered to you is what will
determine whether you are in EB-2 or EB-3, in combination
with your own qualifications.
The job offered to you must require qualifications
(i.e., a master’s degree for EB-2) and you must possess the
qualification (you received a master’s degree before applying).

Steps Required
EB-2 & EB-3
• Highly regulated
• Multiple regulatory proscribed deadlines
• Labor market test
• Prevailing wage (Department of Labor)
• Labor Certification
• Employer must file an I-140 Petition with USCIS, within
180 days of the labor certification’s approval

EB-2 & EB-3
The labor certification must be started during the
prevailing wage validity period. Once approved,
the labor certification expires after 180 days from
approval, therefore, filing the I-140 petition during
that 180-window is critical. There are no
exceptions to the 180 validity period.

I-485
If your visa category is not current, then you must
file the I-140 during the 180 validity period and
then file your I-485 once your visa category
becomes current.
I-140

Immigration Flow Chart
EB-2/EB-3
Conduct
Recruitment
Obtain Prevailing
Wage (PW)
from DOL
File Labor
Clarification
during PW validity
File I-140 Petition
within 180 day
File I-485 for Green
card when Priority
Date is current
Permanent
Residence
(5 years)
U.S. Citizenship

• Safest, fastest, and most direct method
• Available to:
‐ Primary Applicant
‐ Spouse
‐ Children
• 10,000 investor visas annually
‐ Spouse and children count towards that number
‐ Available to both simple investors and the more
involved entrepreneur
2. Investment-Based Green Card
EB-5

EB-5
Cash, equipment, inventory, and
other tangible property
Entrepreneur
• $500,000 US, if it is invested in a targeted employment area
(an area of high unemployment or a rural area)
– Create or preserve at least 10 full-time-equivalent jobs
– Within two years of the investor’s admission to the U.S
– Jobs may be directly employed by the investment vehicle

EB-5
Typically, the investor will pay significantly more than
the investment amount, as there are administrative
fees associated with the program, especially with
investment centers.
There are many costs associated with this route,
including economist reports and financial evaluations.
Immigration attorney fees also tend to be higher due
to the complexity of this route.

EB-5
Regional Centers
(Pre-approved investment vehicles)
Benefits
• Often in TEAs, allowing for the lower
investment amount of $500,000
• Permit the creation of indirectly created jobs
www.uscis.gov/eb-5centers

EB-5
After the Investment is Made
I-526
Immigrant Petition by
Alien Entrepreneur
Once approved, you can apply for an immigrant visa abroad, or
if you are already in the U.S., you can apply for adjustment with -
I-485

EB-5
• When approved, the investor and family
members receive “conditional permanent
residence”
• The immigrant investor’s conditional residence is two years
only, after which the conditions may be removed, and
permanent residence granted
• They are all eligible for work and travel authorization during
this period

EB-5
• Ninety days before the two-year conditional
period is up, the EB-5 investor files an
I-829 to remove the conditions on
permanent residence, allowing the investor
to live and work permanently in the U.S.
• That application removes the conditions for
family members as well
I-829

Investor Immigration Flow Chart
I-526 Immigrant
Petition by Alien
Entrepreneur
Apply for
Immigrant Visa
Abroad
Adjustment with
I-485
Conditional 2-year
Residence
Conds. Removed
Permanent
Residence Granted
Investor, Spouse
& Children
Eligible for Work
90 Days Before
2-year Conditional
Period is up I-829
Live and work
Permanently in the
U.S.

3. Self-Petition Green Card
Categories
• Individuals of extraordinary ability in
 The Sciences
 Arts
 Education
 Business
 Athletics (an employment-based, first preference,
or EB-1, green card)
• Individuals granted a National Interest Waiver
(employment-based, second preference, or EB-2,
green card)

EXTRAORDINARY ABILITY
• Individuals deemed to be the "best of the best"
in their field
• USCIS will accept proof of significant one-time
achievements

These applications are extremely subjective and
therefore difficult to “predict” how USCIS will react.
USCIS gives the example of Nobel Prize winners as its
primary example of someone with extraordinary ability!

Criteria for Selection (3 of 10)
 Lesser nationally or internationally
recognized prizes or awards
 Membership in associations which
demand outstanding achievement
 Published material about you in
professional or major publications
 Judging the work of others,
individually or on a panel
 Original scientific, scholarly,
artistic, athletic, or business-
related contributions of major
significance to your field
 Authoring scholarly articles in
 Major artistic exhibitions or
showcases
 Performance of a leading or critical
role in distinguished organizations
 High salary or other significantly
high remuneration
 Commercial successes in the
performing arts

Criteria for Selection
 Lesser nationally or internationally
recognized prizes or awards
 Membership in associations which
demand outstanding achievement
 Published material about you in
 Judging the work of others,
individually or on a panel
 Original scientific, scholarly,
artistic, athletic, or business-
related contributions of major
significance to your field
 Authoring scholarly articles in
 Major artistic exhibitions or
showcases
 Performance of a leading or critical
role in distinguished organizations
 High salary or other significantly
high remuneration
 Commercial successes in the
performing arts
Again, these applications are judged harshly, therefore
having more than just three of the criteria, and multiple
items for each, should increase the chances that you will
be considered to be “extraordinary.”

National Interest Waiver (NIW)
EB-2
Someone seeking a NIW is asking USCIS to waive that the labor
certification because it is in the interest of the United States.
“National Interest” Test
…the person is going to be providing
a great benefit to the U.S.

EB-2
You must meet at least three of the following criteria:
 Degree, or similar award, relating to your area of exceptional ability
 At least 10 years of full-time experience in your occupation
 License to practice your profession
 Certification for your profession or occupation
 Salary that demonstrates your exceptional ability
 Membership in a professional association(s)
 Recognition of your achievements and significant contributions to
your field by your peers, professional, or business organizations

EB-2
In addition, you must demonstrate that your work is of
national interest.
• Your field or work have
substantial intrinsic merit
• Benefit of your work will be
national in scope
‐ Prospective national benefit
‐ Future benefit

Self-Petition Immigration Flow Chart
I-140
Petition
I-485
Green Card
Permanent
Residence for
5 years
U.S. Citizenship

4. Specialized Job Categories
Green card
There are specialized jobs that may allow you to get a green
card based on a past or current job.
• Afghan/Iraqi Translator
• Broadcaster
• International Organization Employee
• Iraqi Who Assisted the U.S. Government
• NATO-6 Nonimmigrant
• Religious Worker

B. Multiple Paths: Can I
Try More than One?
Yes!
The U.S. system is not “mutually exclusive”
and you may be seeking multiple pathways at
the same time.

Try More than One?
Example:
• Multinational executive
• Transferred to U.S. branch in Jan. 2012
• EB-1 green card
• Company is considering a merger
• His job is secure
• Pursue an investor green card
• Continue process until one is approved
• Once approved, other process will stop
EB-1

Try More than One?
EB-1This is especially common for workers who
are sponsored by one employer, and then later
transfer to another employer who agrees to start their own
green card process. Both employers may have a green card
in process for the same worker, however, the worker will
ultimately have to choose which process to complete.

C. Applying for Permanent
Residence
For each of the different types
of immigrant visas –
• You must initially establish your eligibility
– File I-140 petition (I-360 for Special Immigrants}
• You may file for permanent residence concurrently
with your I-140 if your priority date is current (Visa
Bulletin) or once the I-140 is approved and your
priority date is current

Residence
The Two Paths to Permanent Resident Status
• Adjustment of status
– Someone already in the U.S.
– Receive green card without returning home
• Consular processing
– Obtain a visa abroad through a U.S. embassy
– Then enter the United States as a permanent
resident

Residence
Persons physically in the U.S. may elect to
“consular process” both when filing their I-140
petition, or afterwards. Consular processing is
not limited to people physically outside the U.S.

Residence
Adjustment of Status (AOS)
I-485 G-325 I-765 I-131
Application Work Permits Travel Permit Fees

Residence
Adjustment of Status (AOS)
The essential steps are:
• I-485 should be filed with
‐ Appropriate fees (using separate checks can be helpful)
‐ Supporting documents (including original medical exams)
• After filing
‐ You will begin receiving multiple receipts and notices
‐ Biometrics appointment (picture, signature, fingerprinting)
• Work permits and travel documents
‐ Will arrive by mail within about 90 days
‐ If they are not issued within 90 days, you can make an INFOPASS
appointment to follow up on any issues

Residence
You should never travel outside the U.S. after
applying for permanent residence without a travel
document approved before you depart the U.S.!
Leaving the U.S. without a pre-approved travel
document may constitute abandoning your
application, resulting in the loss of all fees and
the time already spent on the application.

Residence
After some processing (weeks to several months), you may be scheduled for an
interview at a local USCIS office.
Employment-based cases are scheduled for interviews less frequently than
family-based cases; however, it is common for an interview to be scheduled.

If you are scheduled for an interview, take it
very seriously.
Dress appropriately for an official government
inspection. Be respectful.
Be prepared: bring all documents requested in your
interview notice, and if you like to be prepared,
bring along copies of your past immigration filings
and updated information such as employment
letters, recent travel records, and tax filings.
Residence

You will want to bring original ID documents
(passport, driver’s license) as well as other originals
of any other documents in the I-485 filing. Birth
certificates, I-94 card, travel documents, etc.
Residence

Residence
After Your Interview

Residence
Consular Processing
To obtain your immigrant visa, you may also elect to Consular Process
instead of applying in the U.S.
This is especially beneficial for persons who are not currently in the U.S.
Consular processing is significantly different from adjusting status.

Residence
The essential steps are:
• Upon approval of your immigrant petition (I-140, etc.), USCIS will notify the
National Visa Center (NVC) operated by the Department of State. NVC will log
your approved petition, and schedule it for a visa interview. If your priority date is
not current, it will be held until your date becomes current
• The NVC will begin sending you “packets.” These will be requests for fees and
supporting documents. You will mail these back to the NVC
• When all of your documents and fees have been received, your priority date is
current, and a visa is available, the NVC will schedule you for an interview at
the consulate
• If your interview is successful, you will receive a visa packet to give to the
CBP agent when you enter the U.S.
• After your inspection by CBP, you will be admitted to the U.S. as a
permanent resident
• After admission, USCIS will mail you a green card, typically within about 30 days

D. What Now? Maintaining your
LPR Status.
As a permanent resident, you have the freedom to:
• Be employed
• Study
• Travel freely
For most permanent residents, you will need to:
• Maintain your LPR status for five years
• Act as a good “citizen”
• Never hold yourself out as a citizen!
• Do not register to vote, or claim other benefits of citizenship

LPR Status.
• If you, your spouse, or child is a male aged
18 to 25, you will need to register with
the Selective Service
• Travel should be greatly simplified
• Carry a valid passport and your valid, unexpired green card
• You’ll no longer need a visa or travel document
• If you intend to stay out of the U.S. for a year, you should
immediately consult an immigration attorney to issue your
permanent residence is protected

Keep detailed records of all your international travel.
When you apply for citizenship in five years, you must
list all your travel abroad.
Keep copies of itineraries, plane tickets, etc., to
document your travel dates.
LPR Status.

This Slideshow is an excerpt taken
from the Immigration Navigator: From
Foreign Immigrant to American Citizen
Visit comingtoamerica.org
For the purchase of this comprehensive
immigration e-book and multiple free
bonuses!
Get Social With US!

Immigration, Your Path to a Green Card

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