Immigration Law in 30 Seconds

by Annie Banerjee – Houston Immigration Lawyer / Attorney

Time was when the tired, homeless tempest tossed masses touched Ellis Island and received their permanent residency status. Not any more. Now, the immigrant dream sometimes borders on a Kafkaesque nightmare.

There are about 4 ways for an ordinary person to gain permanent residency. They are through employment, family, asylum and diversity. Asylum is a way of seeking refuge in the US when one flees persucution in their home country. Diversity is a lottery given to nationals of those countries from where do we not have enough nationals immigrate. Each country has a quota for US immigration, and when some nations dont use that quota by the other 3 means, the CIS gives their nationals a lottery to ensure diversity in the US. This article will deal only with the first two means in details.

Immigration through Employment

The rationale behind this type of immigration is that there is a shortage of American workers in the US, and therefore we need skilled foreign workers.

The non immigrant visa is a quicker way to come to the US, since it takes a few months (as opposed to years) to process. The typical non immigrant visa for visit purposes is B. The non immigrant visas where employers sponsor for immigrants are H-1B, H-2, H-3, J-1, L-1, L-2, O, P and treaty visas like H1B1 (Singapore, Chile), E-3 (Australia), E-1 and E-2 (various countries, with the notable exception of India). For a detailed description see visas section of this web site.

Immigrant visas take years depending on where the alien or her spouse is born. There are five preference categories, the higher the category, the faster the process. They are:

First Preference—Extraordinary Ability, outstanding Professors and Researchers (with at least a PhD and some publications), and L-1A managers. This is a two step process (I-140 and I-485)

Second Preference- (a) Advanced Degree holders—Masters, or Bachelors plus 5 years progressive experience, (b) National Interest Waivers (People with exceptional ability). Note that the experience has to be obtained before working with the petitioning employer and after obtaining the Bachelor’s Degree. This is a three step process (Labor certification, I-140 and I-485)

Third Preference-Holders of four years Bachelors Degree or equivalent in education and experience; Skilled workers (holding at least 2 years experience). This is a three step process (Labor certification, I-140 and I-485)

Fourth Preference-Special Immigrants like Religious workers

Fifth Preference-Employment Creation – for Investors

Immigration through Family

United States Citizens and Permanent Residents can sponsor immediate relatives. The rationale behind this is family unity. Usually preference is given by family relationships—-spouse and minor children, unmarried adult children, married adult children and brothers and sisters. Permanent residents (green card holders) can only sponsor their spouses and unmarried children. Again, the higher the preference, the faster the process takes.