U-S-A-IMMIGRATION.COM  

STEVEN HAYDEN
IMMIGRATION ATTORNEY
and COUNSELOR at LAW

 


VISA OVERVIEW - APPLICATION PROCESS

An immigrant is someone who is not a U.S. citizen but has been authorized to permanently live and work in the United States.  If you want to become an immigrant, you must go through a three-step process.

  1. First, the INS must approve an immigrant petition for you, which is usually filed by an employer or a relative for you.
  2. Second, a visa number, through the State Department must be immediately available to you, even if you are already in the United States. If you receive an immigrant visa number, it means that an immigrant visa has been assigned to you.
  3. Third, if you are already in the United States, you may apply to adjust to permanent resident status after a visa number becomes available for you. (If you are outside the United States when an immigrant visa number becomes available for you, you must then go to your local U.S. consulate to complete your processing.)



U.S. law limits the number of immigrant visa numbers that are available every year. This means that even if the INS approves an immigrant visa petition for you, you may not get an immigrant visa number immediately. In some cases, several years could pass between the time INS approves your immigrant visa petition and the State Department gives you an immigrant visa number. In addition, U.S. law also limits the number of immigrant visas available by country. This means you may have to wait longer if you come from a country with a high demand for U.S. immigrant visas.

Click here to review the numerous  NON IMMIGRANT VISA TYPES.

 

Who is Eligible for Employment Based Immigration?


There are five categories of employment based immigration:

First Preference (EB-1 priority workers): aliens with extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers.

Second Preference (EB-2 workers with advanced degrees or exceptional ability): aliens who are members of the professions holding advanced degrees or their equivalent and aliens who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States.

Third Preference (EB-3 professionals, skilled workers, and other workers): aliens with at least two years of experience as skilled workers, professionals with a baccalaureate degree, and others with less than two years experience, such as an unskilled worker who can perform labor for which qualified workers are not available in the United States.

Fourth Preference (EB-4 special workers such as those in a religious occupation or vocation): aliens who, for at least two years before applying for admission to the United States, have been a member of a religious denomination that has a non-profit religious organization in the United States, and who will be working in a religious vocation or occupation at the request of the religious organization.

Fifth Preference (EB-5 Employment Creation) If you would like to be granted immigrant status in the United States for the purpose of engaging in a new commercial enterprise, please see How Do I Become an Immigrant Through an investment?.

 

LAW OFFICES OF STEVEN HAYDEN
Criminal - Civil - Immigration - Commercial
1720 Regal Row Suite 230
Dallas Texas 75235
Phone 214 - 678 - 9663
Fax      214 - 631 - 2375

Email  info@stevenhayden.com

 

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