US IMMIGRATION

A green card is a document that confers official U.S. immigration status (Lawful Permanent Residency) to foreign nationals.  Green card status allows individuals to live and work in the U.S. on a permanent basis.  The following information describes how to obtain a U.S. green card through family and employment-based sponsorship, and the Diversity Lottery. 

• Immigration through a Family Member

Obtaining permanent residency through a family member is a multi-step process. 

• First, an immigrant visa petition must be filed.  Form I-130 is a Petition for Alien Relative.  It is filed by the sponsoring relative for the immigrating beneficiary.  
• U.S. Citizenship and Immigration Services will either approve or deny the petition.
• If the I-130 petition is approved, the beneficiary must then wait for a visa number to become available.  If a visa number is available, the beneficiary can apply to have an immigrant visa number assigned through the process of Adjustment of Status (for individuals already in the U.S.) or at a U.S. Consulate abroad.   

 Eligibility
In order for a relative to sponsor you to immigrate to the United States, he/she must meet the following criteria:

• The person must be a citizen or lawful permanent resident of the U.S. and be able to provide documentation providing that status; and
• He/she must establish financial support of the immigrating relative at 125% above the mandated poverty line, by filling out an Affidavit of Support (Form I-864).   

A sponsoring relative can be a U.S. Citizen or a Lawful Permanent Resident:

• If the sponsor is a U.S. Citizen, the sponsor may petition for the following foreign national relatives to immigrate to the U.S:
• Husband or wife;
• Unmarried child under 21 years old;
• Unmarried child over 21 years old;
• Married son or daughter of any age;
• Brother or sister, if the sponsor is at least 21 years old, or
• Parent, if the sponsor is at least 21 years old.

• If the sponsor is a Lawful Permanent Resident, the sponsor may petition for the following foreign national relatives to immigrate to the U.S.:
• Husband or wife, or
• Unmarried son or daughter of any age.

Whether the sponsor is a U.S. Citizen or permanent resident, proof of familial relationship must be established.

Preference Categories
People who want to become immigrants are classified into categories based on a preference system.  Immigrant Visa Numbers are allocating according to these Preference Categories.  The immediate relatives of U.S. citizens (parents, spouses and unmarried children under the age of 21), do not have to wait for an immigrant visa number to become available once the visa petition filed for them is approved by USCIS.
The relatives in the remaining categories must wait for an immigrant visa number to become available according to the following preferences:

• First preference: Unmarried, adult sons and daughters of U.S. citizens. Adult means 21 years of age or older.
• Second Preference: Spouses of lawful permanent residents, their unmarried children (under 21 years old), and the unmarried sons and daughters of lawful permanent residents.
• Third Preference: Married sons and daughters of U.S. Citizens.
• Fourth Preference: Brothers and sisters of adult U.S. Citizens.

Process
Once USCIS receives a visa petition (Form I-130, Petition for Alien Relative), it will be approved or denied.
USCIS notifies the person who filed the visa petition of the petition was approved. USCIS will then send the approved visa petition to the Department of State's National Visa Center, where it will remain until an immigrant visa number is available. The Center will notify the foreign national when the visa petition is received and again when an immigrant visa number is available.
It is important to note that reaching the age of 21, marriage, divorce, or death of a spouse may affect one’s eligibility for an immigrant visa. 

• Employer Sponsored Immigration

Obtaining permanent residency through employment is a multi-step process. 

• First, foreign nationals and employers must determine if the foreign national is eligible for lawful permanent residency under one of USCIS' paths to lawful permanent residency.
• Second, most employment categories require that the U.S. employer complete a labor certification request (Form ETA 750) for the applicant, and submit it to the Department of Labor's Employment and Training Administration. Labor certification is an actual testing of the U.S. job market to determine whether a U.S. citizen is available for the offered position.  The DOL will either grant or deny the certification request. Certain aliens will be relieved from this requirement. 
• Third, USCIS must approve an immigrant visa petition, Form I-140, Petition for Alien Worker, for the person wishing to immigrate to the United States. The employer wishing to bring the applicant to the United States to work permanently files this petition. If a DOL certification is needed,  the petition can only be filed after the certification is granted. The employer acts as the sponsor (or petitioner) for the applicant (or beneficiary) who wants to live and work on a permanent basis in the United States.
• Fourth, the State Department must give the applicant an immigrant visa number, even if the applicant is already in the United States. When the applicant receives an immigrant visa number, it means that an immigrant visa has been assigned to the applicant.
• Fifth, if the applicant is already in the United States, he or she must apply to adjust to permanent resident status after a visa number becomes available.  If the applicant is outside the United States when an immigrant visa number becomes available, he or she will be notified and must complete the process at his or her local U.S. consulate office.

Preference Categories and Eligibility
Like family-based immigration, there are four categories for granting permanent residence to foreign nationals based upon employment:

EB-1 Priority workers

• Foreign nationals of extraordinary ability in the sciences, arts, education, business or athletics
• Foreign national that are outstanding professors or researchers
• Foreign nationals that are managers and executives subject to international transfer to the United States
• Note that this category does NOT require labor certification.

EB-2 Professionals with advanced degrees or persons with exceptional ability

• 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. Read more about this particular program.

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

Process
An  employer wishing to sponsor (or petition) for a foreign national to work in the United States on a permanent basis must file Form I-140, Petition for Alien Worker. Filing requirements differ for each of the five categories.
The Department of State is responsible for providing visa numbers to foreign nationals interested in immigrating to the United States.
To find out more about the Department of State's visa process visit the Department of State website for specific information on how to get an immigrant visa number. <link?>
To check the status of a visa number you can review the Department of State's visa bulletin.

• Green Card Lottery

 Each year, the Diversity Lottery (DV) Program makes 50,000 immigrant visas available through a lottery to people who come from countries with low rates of immigration to the United States.  Please note that Canadians are NOT eligible to enter this lottery. 
A recipient of a visa through the DV program will be authorized to live and work permanently in the United States. 

The DV program is administered by the U.S. Department of State.  For a list of participating countries, eligibility information, and application forms, please visit the DOS website.  http://travel.state.gov/visa/immigrants/types/types_1322.html

Please note: There have been instances of fraudulent websites posing as official U.S. Government sites. Some companies posing as the U.S. Government have sought money in order to "complete" lottery entry forms. There is no charge to download and complete the Electronic Diversity Visa Entry Form. The Department of State notifies successful Diversity Visa applicants by letter, and NOT be electronic mail. To learn more, see the Department of State Website.