A foreign citizen seeking to live permanently in the United States requires an immigrant visa (IV). To be eligible to apply for an IV, a foreign citizen must be sponsored by an immediate relative who is at least 21 years of age and is either a U.S. citizen or U.S. Lawful Permanent Resident (that is, a green-card holder).
There are two types of family-based immigrant visas:
Immediate Relative – these visas are based on a close family relationship with a U.S. citizen, such as a spouse, child or parent. The number of immigrants in these categories is not limited each fiscal year.
Family Preference – these visas are for specific, more distant, family relationships with a U.S. citizen and some specified relationships with a Lawful Permanent Resident (LPR). The number of immigrants in these categories is limited each fiscal year.
Keep in mind that U.S. citizens can file an immigrant visa petition for their:
• Spouse
• Son or daughter
• Parent
• Brother or sister
U.S. Lawful Permanent Residents can only file an immigrant visa petition for their:
• Spouse
• Unmarried son or daughter
Diversity Visa Lottery
The Diversity Immigrant Visa Program (DV Program) makes up to 50,000 immigrant visas available annually, drawn from random selection among all entries to individuals who are from countries with low rates of immigration to the United States. The DV Program is administered by the U.S. Department of State (DOS).
Most lottery winners reside outside the United States and immigrate through consular processing and issuance of an immigrant visa.
Diversity Visa Winners Legally Residing In the United States: Apply Through USCIS
There are, however, a small number of lottery winners each year who, at the time of “winning the lottery,” are residing in the United States in a nonimmigrant or other legal status. For these winners residing inside the United States, USCIS processes adjustment of status applications. The following information applies to winners legally residing in the United States only:
Eligibility Criteria
For an applicant to adjust status under the DV Program, you must establish that you:
Have been selected for a diversity visa by DOS’s lottery; Have an immigrant visa immediately available at the time of filing an adjustment application (Form I-485, Application to Register Permanent Residence or Adjust Status); and Are admissible to the United States
Visa Availability
For visa availability, check the latest month's DOS Visa Bulletin. Section B contains a chart showing the current month's visa availability in the Diversity Immigrant category. The chart shows when the Diversity Immigrant cut-off is met. When the cut-off is met, visas will be available in that month for the applicants with Diversity Immigrant lottery rank numbers below the specified cut-off numbers for their geographic areas.
Section C contains a chart showing the Diversity Immigrant category rank cut-offs for the following month, which represents the advance notification of Diversity Immigrant visa availability. As soon as a monthly Visa Bulletin is published, anyone with a lower rank number than the rank cut-off number shown in Section C is eligible to file for adjustment of status. This provides lottery winners the opportunity to file for adjustment of status up to six or seven weeks before a visa number can actually be allocated. This gives USCIS additional time to determine your eligibility for adjustment of status before the end of the fiscal year.
A Diversity Immigrant-based adjustment application cannot be adjudicated until a visa can be allocated, as indicated in the Visa Bulletin’s current Diversity Immigrant rank cut-offs for a particular month.
Application Process
To obtain a Green Card, you must file Form I-485.
Submit the following evidence with your Form I-485:
Form G-325, Biographic Information, if you are between 14 and 79 years of age Two passport-style photos Copy of birth certificate Form I-693, Report of Medical Examination and Vaccination Record Copy of passport page with nonimmigrant visa (if applicable) Copy of passport page with admission (entry) or parole stamp (if applicable) Form I-94, Arrival/Departure Record Certified copies of court records (if the individual has been arrested) Copy of the principal applicant’s selection letter for the diversity visa lottery from DOS Copy of the receipt from DOS for the diversity visa lottery processing fee Form I-601, Application for Waiver of Grounds of Inadmissibility (if applicable) Applicable fees
Other Considerations
The adjustment of status process for diversity visa winners must be completed by September 30 of the fiscal year the lottery pertains to. Visas cannot be carried over to the next fiscal year.
Source: United States Citizenship and Immigration Services (USCIS)
Employment-based Immigration
The United States welcomes thousands of foreign workers in multiple occupations or employment categories every year. These include artists, researchers, cultural exchange participants, information technology specialists, religious workers, investors, scientists, athletes, nurses, agricultural workers and others. All foreign workers must obtain permission to work legally in the United States. Each employment category for admission has different requirements, conditions and authorized periods of stay. It is important that you adhere to the terms of your application or petition for admission and visa. Any violation can result in removal or denial of re-entry into the United States.
Temporary (Nonimmigrant) Worker
A temporary worker is an individual seeking to enter the United States temporarily for a specific purpose. Nonimmigrants enter the United States for a temporary period of time, and once in the United States, are restricted to the activity or reason for which their nonimmigrant visa was issued.
Permanent (Immigrant) Worker
A permanent worker is an individual who is authorized to live and work permanently in the United States.
Students and Exchange Visitors
Students and exchange visitors may, under certain circumstances, be allowed to work in the United States. They must obtain permission from an authorized official at their school. The authorized official is known as a Designed School Official (DSO) for students and the Responsible Officer (RO) for exchange visitors.
Information for Employers & Employees
Employers must verify that an individual whom they plan to employ or continue to employ in the United States is authorized to accept employment in the United States. Individuals, such as those who have been admitted as permanent residents, granted asylum or refugee status, or admitted in work-related nonimmigrant classifications, may have employment authorization as a direct result of their immigration status. Other aliens may need to apply individually for employment authorization.
Temporary Visitors For Business
To visit the United States for business purposes you will need to obtain a visa as a temporary visitor for business (B-1 visa), unless you qualify for admission without a visa under the Visa Waiver Program. For more information on the topics above, select the category related to your situation to the left.
Source: United States Citizenship and Immigration Services (USCIS)
The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.
The O nonimmigrant classification is commonly referred to as:
O-1A: individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry) O-1B: individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry O-2: individuals who will accompany an O-1, artist or athlete, to assist in a specific event or performance. For an O-1A, the O-2’s assistance must be an “integral part” of the O-1A’s activity. For an O-1B, the O-2’s assistance must be “essential” to the completion of the O-1B’s production. The O-2 worker has critical skills and experience with the O-1 that cannot be readily performed by a U.S. worker and which are essential to the successful performance of the O-1 O-3: individuals who are the spouse or children of O-1’s and O-2’s
General Eligibility Criteria
To qualify for an O-1 visa, the beneficiary must demonstrate extraordinary ability by sustained national or international acclaim and must be coming temporarily to the United States to continue work in the area of extraordinary ability.
Extraordinary ability in the fields of science, education, business or athletics means a level of expertise indicating that the person is one of the small percentage who has risen to the very top of the field of endeavor.
Extraordinary ability in the field of arts means distinction. Distinction means a high level of achievement in the field of the arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well-known in the field of arts.
To qualify for an O-1 visa in the motion picture or television industry, the beneficiary must demonstrate extraordinary achievement evidenced by a degree of skill and recognition significantly above that ordinarily encountered to the extent the person is recognized as outstanding, notable or leading in the motion picture and/or television field.
Application Process O-1 Visa
The petitioner should file Form I-129, Petition for Nonimmigrant Worker, (see Form I-129, Petition for Nonimmigrant Worker) with the USCIS office listed on the form instructions. The petition may not be filed more than one year before the actual need for the alien's services. To avoid delays, the Form I-129 should be filed at least 45 days before the date of employment.
Source: United States Citizenship and Immigration Services (USCIS)
Investment-based Immigration
Entrepreneurs (and their spouses and unmarried children under 21) who make an investment in a commercial enterprise in the United States and who plan to create or preserve ten permanent full time jobs for qualified United States workers, are eligible to apply for a green card (permanent residence).
Up to 10,000 visas may be authorized each fiscal year for eligible entrepreneurs.
You must invest $1,000,000, or at least $500,000 in a targeted employment area (high unemployment or rural area). In return, USCIS may grant conditional permanent residence to the individual.
Eligibility Criteria
You may be eligible to receive permanent residence based on investment if:
You have an approved Form I-526, Immigrant Petition by Alien Entrepreneur You are admissible to the United States An immigrant visa is immediately available
Application Process
If You Are Living Outside the United States
You can become a permanent resident through consular processing if you live outside the United States. Consular processing is when USCIS works with the Department of State to issue a visa on an approved Form I-526, Immigrant Petition by Alien Entrepreneur, petition when a visa is available.
If You Are Living in the United States
You can become a conditional permanent resident through adjustment of status if you live inside the United States. Once the Form I-526 is approved and a visa number is available, you can apply for conditional permanent residence on Form I-485, Application to Register Permanent Residence or Adjust Status.
Supporting Evidence for Form I-485
You should submit the following evidence/documentation with your application:
Two passport-style photos Form G-325A, Biographic Information, if you are between 14 and 79 years of age Copy of government issued photo identification Copy of birth certificate Copy of passport page with nonimmigrant visa (if applicable) Copy of passport page with admission (entry) or parole stamp (if applicable) Form I-94, Arrival/ Departure Record (if applicable) Certified copies of court records (if you have been arrested) Form I-693, Report of Medical Examination and Vaccination Record Applicable fees The approval notice for Form I-526 (Form I-797)
Family of Entrepreneurs
Your spouse and unmarried children under the age of 21, (known as derivatives) may be included on your immigration petition. If they are residing in the US, they will each need to file a Form I-485. They are counted towards the annual cap of 10,000 visas.
Work & Travel Authorization
Generally, when you have a pending Form I-485, it is possible for you to apply for authorization to work in the United States and to seek advance parole (advance permission to travel and be admitted to the United States upon your return).
Source: United States Citizenship and Immigration Services (USCIS)
Obtaining Asylum in the United States
Every year people come to the United States seeking protection because they have suffered persecution or fear that they will suffer persecution due to:
Race Religion Nationality Membership in a particular social group Political opinion
If you are eligible for asylum you may be permitted to remain in the United States. To apply for Asylum, file a Form I-589, Application for Asylum and for Withholding of Removal, within one year of your arrival to the United States. There is no fee to apply for asylum.
You may include your spouse and children who are in the United States on your application at the time you file or at any time until a final decision is made on your case. To include your child on your application, the child must be under 21 and unmarried. For more information see our Form I-589, Application for Asylum and for Withholding of Removal page.
Permission to Work in the United States
You cannot apply for permission to work (employment authorization) in the United States at the same time you apply for asylum.
You may apply for employment authorization if:
150 days have passed since you filed your complete asylum application, excluding any delays caused by you (such as a request to reschedule your interview) AND No decision has been made on your application
If you are granted asylum you may work immediately. Some asylees choose to obtain Employment Authorization Documents (EADs) for convenience or identification purposes, but an EAD is not necessary to work if you are an asylee.
To apply for employment authorization, you must file a Form I-765, Application for Employment Authorization. There is no fee to apply for your first EAD if you have a pending asylum application or if you have been granted asylum. For more information see our Form I-765, Application for Employment Authorization page.
See the 180-Day Asylum EAD Clock Notice and the ABT Settlement Agreement for further information.
Bringing Your Family to the United States
If you are granted asylum you may petition to bring your spouse and children to the United States by filing a Form I-730, Refugee/Asylee Relative Petition. To include your child on your application, the child must be under 21 and unmarried.
You must file the petition within two years of being granted asylum unless there are humanitarian reasons to excuse this deadline. There is no fee to file this petition. For more information see our Form I-730, Refugee/Asylee Relative Petition” page.
Filing for Permanent Residence (Green Card)
You may apply for a green card one year after being granted asylum. To apply for a green card, file a Form I-485, Application to Register Permanent Residence or to Adjust Status. You must submit a separate I-485 application packet for yourself and, if applicable, for each family member who received derivative asylum based on your case.
Source: United States Citizenship and Immigration Services (USCIS)
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