ENTERING (OR REMAINING IN) THE UNITED STATES AS AN IMMIGRANT (PERMANENT RESIDENT)

To immigrate to the United States of America you must either be (1) sponsored by a U.S. citizen relative (or in some cases a legal permanent resident), (2) be sponsored by a U.S. employer (in some exceptional cases you can file an application on your own behalf), (3) you must make a significant (minimum $1,000,000 or $500,000 in designated areas) investment in a U.S. enterprise, or (4) you must be a winner in the Diversity Visa Lottery program.

Family Sponsorship
Only immediate relatives qualify as U.S. sponsors, such as spouses, parents, and children over 21 years of age. Aunts, uncles and cousins do not qualify. Sponsorship through adoption is possible only until age 16.

Employer Sponsorship
There are four categories for granting permanent residence to foreign nationals based upon employment. These are described in greater detail at the “Immigration Through Employment” section of the US Citizenship and Immigration Services website:

EB-1 Priority workers

• foreign nationals of extraordinary ability in the sciences, arts, education, business or athletics
• foreign nationals that are outstanding professors or researchers
• foreign nationals that are managers and executives subject to international transfer to the United States
  

EB-2 Professionals

• foreign nationals of exceptional ability in the sciences, arts or business
• foreign nationals that are advanced degree professionals
• qualified alien physicians who will practice medicine in an area of the U.S. which is underserved
  

EB-3 Skilled or professional workers

• foreign national professionals with bachelor‘s degrees (not qualifying for a
• higher preference category)
• foreign national skilled workers (minimum two years training and experience)
• foreign national unskilled workers
  

EB-4 Special Immigrants

• foreign national religious workers
• employees and former employees of the U.S. Government abroad
  

Many of the employment categories require that the employer, after making significant efforts to recruit qualified U.S. workers, first submit an application to the U.S. Department of Labor. Once approved, the employer must file a second application (I-140) with the U.S. Citizenship and Immigration Services. One of the primary considerations in determining where and how permanent residency should be applied for depends upon whether prospective employee is in the U.S. or overseas.

Under the EB-1 category, individuals being transferred to work permanently in the U.S. at an affiliate or branch are not required to go through the labor certification process, but the application must meet the same general requirements as for the L-1A temporary visa.

For more detailed information, visit the United States citizenship and immigration services website:  www.uscis.gov

General Information
The above provides only a general overview of some of the possibilities for obtaining temporary or permanent residency in the U.S. Each case is unique and must be handled on an individual basis. The laws, regulations and procedures can appear complicated and are subject to continuous change and interpretation. To find the most up-to-date information, be sure to visit the applicable websites and consult with a knowledgeable immigration professional.

This information is generalized and should not be relied upon as legal advice; this communication does not create a lawyer client relationship.