Immigration to the United States

US citizens and lawful permanent residents can sponsor certain family members for immigration to the United States. Family-based immigration is divided into two categories:

• Immediate Relatives of US Citizens: Includes spouses, unmarried children under 21, and parents of US citizens who are 21 or older. There is no annual limit on the number of visas available for immediate relatives.
• Family Preference Categories: Includes more distant relatives or relatives of permanent residents. These categories have annual numerical limits and often involve waiting periods:
  • First Preference (F1): Unmarried adult children of US citizens
  • Second Preference (F2): Spouses, minor children, and unmarried adult children of permanent residents
  • Third Preference (F3): Married children of US citizens
  • Fourth Preference (F4): Siblings of US citizens

The Diversity Visa Program, also known as the Green Card Lottery, makes up to 55,000 immigrant visas available annually to people from countries with historically low rates of immigration to the United States. Key features include:

• Eligibility: Applicants must be from eligible countries and meet education or work experience requirements (high school education or two years of work experience in a qualifying occupation).
• Selection Process: Winners are selected through a random computer drawing.
• Application Period: The program typically opens for entries once a year, usually in October-November.

The Diversity Visa Program offers a unique opportunity for individuals who may not qualify for other immigration categories to obtain permanent residency in the United States.

The US offers various temporary work visas that allow foreign nationals to work in the United States for a specific period. Popular temporary work visas include:

• H-1B: For professionals in specialty occupations requiring at least a bachelor's degree.
• L-1: For intracompany transferees who work in managerial, executive, or specialized knowledge capacities.
• O-1: For individuals with extraordinary ability or achievement in sciences, arts, education, business, or athletics.
• E-2: For investors from treaty countries who invest a substantial amount in a US business.
• TN: For Canadian and Mexican professionals under the USMCA (formerly NAFTA).

Many temporary work visa holders eventually transition to permanent residency through employer sponsorship or other pathways.

The United States provides protection to individuals who have been persecuted or fear persecution in their home countries due to their race, religion, nationality, membership in a particular social group, or political opinion.

• Refugee Status: Applied for from outside the United States.
• Asylum Status: Applied for either at a port of entry or from within the United States.

Both refugees and asylees may apply for permanent residency after one year of residence in the United States.

A Green Card (Permanent Resident Card) grants you the right to live and work permanently in the United States. Green Card holders can travel freely, own property, and access many benefits, but they cannot vote in federal elections and may be subject to deportation under certain circumstances. US citizenship, which can be obtained after being a Green Card holder for typically 3-5 years, provides all the rights of permanent residency plus the right to vote, hold certain government jobs, travel with a US passport, and protection from deportation.

Processing times vary significantly depending on the visa category, your country of origin, and current USCIS workload. Employment-based Green Cards can take 1-3+ years, family-based categories can range from 1-20+ years depending on the relationship and country of origin, and temporary work visas like H-1B typically take 3-6 months with regular processing (premium processing is available for some categories at an additional fee). Our consultants can provide more specific timelines based on your individual circumstances.

The Program Electronic Review Management (PERM) Labor Certification is the first step in most employment-based Green Card processes. It requires employers to prove that there are no qualified US workers available for the position being offered to the foreign worker. The process involves several steps: prevailing wage determination, recruitment efforts to test the labor market, and filing the ETA Form 9089 with the Department of Labor. The PERM process typically takes 6-18 months, after which the employer can proceed with filing the I-140 petition.

The H-1B visa program has an annual cap of 85,000 visas (65,000 regular cap and 20,000 for advanced degree exemption). Due to high demand, USCIS conducts a lottery to select which petitions will be processed. The registration period typically opens in March for the fiscal year beginning in October. Certain employers, such as higher education institutions, nonprofit research organizations, and government research organizations, are exempt from the cap. Our team can help you navigate the H-1B lottery process and explore alternative visa options if needed.

To maintain your immigration status in the US, you must:

• Comply with the terms of your visa (e.g., maintain employment for work visas, maintain full-time enrollment for student visas)
• Not stay beyond your authorized period of stay
• File timely extension or change of status applications before your current status expires
• Update your address with USCIS within 10 days of moving
• Avoid criminal activities
• For permanent residents, avoid extended absences from the US without a reentry permit

Our immigration experts can provide guidance on maintaining your specific immigration status and planning for future immigration goals.