Requirements of Employment-Based and Family-Based Immigration
Here's some general advice about immigration to the US. Remember, this isn't a substitute for professional legal counsel.
If you're a foreigner looking to live and work in the US, there are a few main pathways. The most common are through employment or family sponsorship. These routes collectively issue about 140,000 and 732,000 visas annually, respectively.
Let's start with family-based immigration. This allows US citizens or legal permanent residents to sponsor certain family members for green cards, enabling them to live and work in the US. The core purpose of family-based immigration is to keep families together and reunite loved ones.
Now, let's explore employment-based immigration. This pathway brings skilled workers into the US to work for specific companies for a set period. Visa preferences vary based on education levels, skills, and job types.
So, what exactly qualifies as "family" or "employment" in the context of immigration?
In family-based immigration, the sponsor's citizenship status determines who they can sponsor. US citizens can sponsor their parents, siblings, spouses, and children, while legal permanent residents can only sponsor their spouses and children.
For employment-based visas, the job type and the required education and skill levels are crucial factors.
Here are the five categories of employees eligible for employment-based immigration in the US:
Category 1:
Individuals with extraordinary ability in arts, sciences, business, education, or athletics.
Outstanding multinational managers and executives.
Exceptional professors and researchers.
Category 2:
Professionals holding advanced degrees.
Individuals with exceptional abilities.
Category 3:
Professionals
Skilled workers
Unskilled workers
Category 4:
Special immigrants such as broadcasters, former employees of international organizations, foreign medical graduates, and surviving spouses of deceased international organization employees.
Category 5:
Immigrant investors who establish new businesses in the US and create jobs.
Who can apply for family-based and employment-based visas in the US?
Family-Based Visa:
You must be sponsored by an immediate relative who's either a US citizen or a lawful permanent resident.
Your sponsoring relative must be at least 21 years old.
Employment-Based Green Card: You need a job offer from a US employer.
You must possess the education, skills, or work experience matching the specific visa category you're applying for.
Key Points for Filing Family-Based and Employment-Based Visas:
For a family-based visa, start by filing Form I-130, the Petition for Alien Relative.
Even after petition approval, you'll need to wait for visa availability. Wait times vary based on filing date, country of origin, and visa type.
Once a visa becomes available, you can apply for lawful permanent resident status. Depending on your situation, you'll either request an adjustment of status (if you're already in the US on a non-immigrant visa) or go through the consular process (if you're outside the US and need to visit the US Embassy in your home country).
For an employment-based visa, you'll need:
A job offer in the US
Form I-140, an approved petition from US Citizenship and Immigration Services confirming your job eligibility
A labor certification from the Department of Labor verifying that your employer offers a fair wage for the position
Tips for the Visa Interview:
Speak clearly and concisely. Visa interviews typically last 5-10 minutes, so convey all crucial information efficiently.
Be confident. You're the expert on your education and job experience.
Dress professionally and arrive on time. Present yourself as prepared and punctual.
Be polite and friendly. The interviewer is there to assist you, so maintain a respectful and cooperative attitude.
Be honest and accurate. Avoid providing false information or misinterpreting questions, as this could lead to future visa denials. If you can't hear the officer or are unsure about a question, don't hesitate to ask for clarification.
Bring all required documents. Ensure you have everything necessary for submission.
Enhance your English skills. Visa interviews are conducted in English, so if it's not your first language, practice discussing your work experience, job, and education in English.