Green Card EB1, EB5

To live in the USA you need a green card.

What is a green card? Green Cards give you the opportunity to live and work in the USA with the option to become American citizen. There are many ways you can acquire a green card.  One way is through family (or marriage) to an American citizen, via work or investment, etc.

Direct relative of the U.S. citizen

A spouse, child, brother, sister, or parent of U.S. citizen may apply for permanent residency card if such person is directly related. Other relatives such as aunt, uncle, niece, nephew, grandmother, grandfather are not considered direct relatives, and therefore, are not entitled to apply for a green card based on family relationship.

Work EB-1 Category

Another way how to acquire a green card is through work sponsorship in the U.S. EB-1 category of priority workers which includes highly skilled workers whose skills and qualifications meet immigration requirements.  Such workers are need for labor market shortages in the US, and therefore, do not need to pass a lengthy approval process. In other cases, a Labor Certificate is needed.  Such categories include: scientists, researchers, professors, and managers of multinational firms. The other categories are graduates from a variety of other areas which are subject to approval by the Labor Department.

The EB-1 Immigrant Visa is preferred class of employment based visa which allows permanent stay in the US. It targeted at priority workers who can be of remarkable value to American society. Unlike other categories of employment based visas the applicants for EB-1 do not have to go through labour verification process. This sub-category of Employment based visa is further broken down into following three sub-classes:

Here we will list the basic requirements of each of these three sub-categories. Apart from the rudimentary prerequisites that follow there are many other things that need to be fulfilled for petitioning for an EB-1 Immigrant visa but this articles will give you the essential facts.

1. Extraordinary Ability.

It includes people who have extraordinary abilities in the fields of science and technology, arts, athletics, sports and business etc. If you petition for this category then you must have extensive credentials to demonstrating stable national or international acclaim. The candidates applying for this category need not have definitive job offers as long as they plan on working in the same areas as the ones in which they have demonstrated their extraordinary ability. These applicants can submit their own visa requests for foreign workers with Form I-140 to the United States Citizenship and Immigration Services. Gaining legal residential status in US as a foreigner is not an easy task because according to USCIS a person with extra ordinary ability is someone who has risen to the top of his field.

2. Exceptional professors and researchers.

This class is for professors and researchers who have international recognition for their academic accomplishments in a specific area. The professors and researchers need to at least three years’ experience in teaching or doing research. Such applicants must be entering the United States to carry on with a tenure, or tenure track teaching or similar research position at some university or institution of higher education. The application for such a candidate must be filed by a perspective employer with a specific job offer under the Immigrant Petition for Alien Workers with Form I-140 to the United States Citizenship and Immigration Services.

3. Multinational managers or executives 

Managers and executives of some companies are also eligible for the EB-1 immigrant visa program. The perspective immigrants under this category need to be employed during the previous three years period. And they should have at least one year managerial or executive experience outside of US with the same company. Also the employee must be coming to the US on a managerial or executive position. The Immigrant Petition for Alien Worker for such a prospective immigrant must be filed by the employer, explicitly detailing the job offer.

Read more about EB-1 category here.

EB-5 Green Card

In 1993, a Regional Center Program, which is better known as the EB-5 immigrant visa or the US Immigrant Investor program, was introduced by Government of the United States of America, as a method by which permanent residency of the US could be obtained by foreign investors who may be desirous of taking advantage of this beneficial facility.

Thus, if a minimum amount of $500,000 was invested by a foreign investor in an area that was targeted as showing a high unemployment ratio, or an amount of $1,000,000 was invested in a business enterprise which would be based in a geographically approved region, and which showed the potential of creating a minimum of 10 permanent full-time employment opportunities for the US workforce; such foreign investors, as well as their families, would accordingly qualify for grant of temporary or conditional green cards for an initial period of two years.

Temporary or conditional green cards are subject to the investment being maintained over a two-year period, as well as subsequent achievement of the above employment requirements. Upon suitably meeting these conditions, investors become eligible for the issuance of permanent or unconditional green cards, vide the EB-5 immigrant visa or the US Immigrant Investor program. Nevertheless, during the initial two-year conditional period, holders of the EB-5 immigrant visa are given the benefit of taking full advantage of their US residency, excluding authorization for accepting employment, and are eventually allowed to apply for citizenship of the United States.

Potential foreign investors may however find the application procedure and eventual granting of the EB-5 immigrant visa rather challenging. To ensure that both foreign investor as well as US businesses potentially benefit through the EB-5 immigrant visa, or the US Immigrant Investor program, it is essential to follow all currently prevailing rules.

Advantages of EB-5 Immigrant Visa Program

The EB-5 immigrant visa, or US EB-5 Program for Immigrant Investor, is perhaps one of the most admired immigration programs offered in the whole world today, particularly due to the program’s own flexibility as well as the ever increasing desire of foreign investors to immigrate to the safer US markets. In fact, the US imposes no restrictions of any sort on language skills, business training, or age of the applicant, vide this highly simplified program. Permanent residents are not compelled to either physically or continuously remain based in the US. In turn, this allows them the benefit and convenience of continuing to maintain professional and business relationships with countries of their choice.

Ready more about EB-5 category here.

Asylum

Persons persecuted for political, racial, religious, or ethnic reasons are eligible to apply for a green card.

Read more about Asylum and Refugee Visa here.

Green Card Lottery

Every year U.S. Department of States gives a chance to foreigners to win their Green Card in Electronic Diversity Visa Lottery.

Read more about DV Lottery here.

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