​

​

Employment Based Visas
 

Below is a list of the various permanent-residency visas (known also as “green cards”) available to qualifying individuals. 
 
EB-1 Foreign Nationals of Extraordinary Ability
Individuals in this category can petition for permanent residency without having to go through the certification process if they can document extraordinary ability in arts, sciences, athletics, business, or education.  The petitions can be sponsored by an employer or self-petitioned.
 
EB-1 Outstanding Professors, and Researchers
Universities and research organizations can petition for their top academics. The foreign national must have a US petitioner.
 
EB-1 Multinational Executives and Managers
Similar to the L-1 nonimmigrant category, this green card category is used by individuals whose employers transferred them to the US from overseas.
 
EB-2 Workers with Advanced Degrees or Exceptional Ability in the Sciences, Arts, or Business
Visa holders in this category normally must have a job offer and the potential employer must complete a labor certification process with the US Department of Labor. The labor certification involves a testing of the job market to demonstrate that the potential visa holder is not taking a job away from a U.S. worker. In some cases where an individual can show his entry is in the national interest, the job offer and labor certification requirements can be waived.
 
EB-3 Skilled Workers and Professionals
Visa holders in this category normally must have a job offer and the potential employer must complete the labor certification process.

 
EB-4 Special immigrant Visas for Religious Workers
Ministers of religion are eligible for permanent residency.
 
EB-5 Investor/Employment Creation Visas
Under the 1990 Immigration Act, Congress has set aside up to 10,000 visas per year for alien investors in new commercial enterprises who create employment for ten individuals. There are two groups of investors under the program - those who invest at least $500,000 in "targeted employment areas" (rural areas or areas experiencing high unemployment of at least 150% of the national average rate) and those who invest $1,000,000 anywhere else. No fewer than 3,000 of the annual allotment of visas must go to targeted employment areas.

 

FAMILY IMMIGRATION

​

Immigration through a family member who is a US citizen or permanent resident is the most common way of gaining US residency.  All that is required is the qualifying family relationship.  The ease with which a person can immigrate through a family member is in keeping with American notions of the importance of the family.

 

The first question to address in a family-based immigration case is whether a qualifying family relationship exists. Qualifying relationships are grouped into two main categories – immediate relatives and other close family members.  Immediate relatives of US citizens are given special preferential treatment. First and foremost, they are allowed to immigrate in unlimited numbers.

 

The following are immediate relatives:

 

• Spouses

• Children, unmarried and under 21

• Parents

 

Other close family members of citizens and permanent residents are also allowed to immigrate, subject to annual numerical limitations.  The following are other relatives who are allowed to immigrate:

 

• Unmarried adult children of citizens

• Spouses and unmarried children of permanent residents Married adult children of citizens

• Siblings of citizens

 

There are many technical rules relating to the allotment of visas in this group, as well as definitions of the family relationship.

​

To book a consultation, call +44 (0) 7981338188

or email allison@defreeslaw.com