Obtaining Permanent Residence in the U.S.
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Transcript of Obtaining Permanent Residence in the U.S.
Obtaining Permanent Residence in the U.S.
Carl ShustermanPincus Immigration Boot Camp
March 4th, 2011
Green Cards Through U.S. Citizen Family Members
• Immediate relatives• 1st preference: Unmarried sons and
daughters of citizens (over age 21)• 3rd preference: Married sons and
daughters of citizens• 4th preference: Brothers and sisters of
adult citizens
Green Cards Through Legal Permanent Resident (LPR) Family Members
• 2nd preference• “2A”- Spouses and children of LPRs• “2B”- Unmarried sons and daughters
(over 21 years old) of LPRs
The Visa Bulletin• Released by the State Department about
2-3 weeks before any given month • Worldwide: all countries excluding those
listed
March Visa Bulletin 2011, Family Category. Source: shusterman.com/statedepartmentvisabulletin.html
Green Cards Through Family: Procedure
• Petitioner (qualifying citizen or LPR family member) submits I-130 for beneficiary
• Receipt date for the I-130 serves as the “priority date” in reference to the visa bulletin
Adjustment of Status
• Form 1-485 serves to “adjust” the immigrant’s status to LPR
• May adjust status in the U.S. if currently residing in the U.S. in legal status
• Otherwise, must apply for an “immigrant visa” with a U.S. Embassy or Consulate abroad.
• 3/10 year bar?
Section 245 (i)
• “Magic” date: April 30th, 2001• Physical presence requirement• Employment or family petitions filed
before this date can qualify and are transferrable to a different category
Green Cards Through Employment
• 1st preference: Priority workers• 2nd preference: Advanced degrees or
“exceptional ability”• 3rd preference: Skilled workers and
professionals• 4th preference: “Special” immigrants• 5th preference: Investors
Priority Workers (EB-1)
• Persons of Extraordinary Ability• Outstanding Professors and
Researchers• Multinational Managers and Executives
Persons with Advanced Degrees or Exceptional Ability (EB-2)
• M.D., J.D., Ph.D, Masters or Bachelors Plus Five Years
• PERM Requirement – recruiting U.S. workers
• National Interest Waivers – for physicians• National Interest Waivers – for others
Professional and Skilled Workers (EB-3)
• Persons whose jobs require 4-year degree• Persons whose jobs require 2 years of
experience• PERM Requirement – recruiting U.S.
workers
Green Cards Through Employment Procedure
• Demonstrate that there are no qualified U.S. workers for position
• Prevailing wage requirement• Advertisements in print media,
internet, job fairs, etc.
PERM
• Ensures that employer is hiring for a position in which no qualified and willing U.S. workers exist
• Labor certification required for the 2nd and 3rd preference petitions
• PERM receipt date serves as priority date• When PERM is approved, the employer
may file the immigrant visa petition (I-140) to USCIS
Exceptions to PERM
• National Interest Waivers
• Shortage occupations (Schedule A): registered nurses and physical therapists
• 1st preference category petitions never require PERM
Visa Bulletin: Employment category
• “Current” indicates no backlog
March Visa Bulletin 2011. Source: shusterman.com/statedepartmentvisabulletin.html
Other employment categories
• Special immigrants: religious workers• “Employment creation”- Investors
– Must create at least 10 jobs for U.S. workers– Government-approved regional centers
Green Cards through Employment Waiting Times:
• Annual Numerical Cap – 140,000 including Spouses and Children
• Visa Bulletin – Published Monthly by State Department
• Per-Country Limitations - 7% Requirement• Countries with Significant Backlogs• Grounds of Inadmissibility