Obtaining Permanent Residence in the U.S.

Carl ShustermanPincus Immigration Boot Camp

March 4th, 2011

How to Obtain Permanent Residence:

• Employment• Relatives• Visa Lottery• Investment• Asylum

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

How to Obtain Additional Information and Stay Updated• Immigration laws, regulations &

procedures are always changing• Our website –www.shusterman.com• Contains thousands of articles/links• U.S. Immigration daily news ticker• Free, monthly e-mail newsletter –

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