Are you considering moving or relocating to the US? And you need help figuring out where to start? This article will walk you through every step and various opportunities for you to immigrate to the USA, no matter whether you are a student, worker, or investor. Similar to the immigration rules in most countries, you need to meet certain requirements and have your application approved by the U.S. government. The process can be complicated and sometimes require a long time of waiting.
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Green Card Eligibility Categories
Before permanently becoming a U.S. citizen, the first step is to obtain a green card (officially known as Permanent Resident Card), which allows you to live and work permanently in the U.S. However, you need to meet certain eligibility, such as applying through family or employment to apply for a green card.
There are many eligibility categories for green cards, and each requires different requirements:
A. Green Card Through Family: Relocating to USA
Most green cards are issued to the family members of current U.S. citizens and green card holders (Boundless). Eligible members include immediate relatives like spouses, unmarried children under the age of 21, or the parent of a U.S. citizen above 21 years old. Other members – including the fiancé, widow, or victim of battery of extreme cruelty – are also eligible to receive the family-based green cards and relocate to USA.
B. Green Card Through Employment
Another way on how to immigrate to the USA is through employment-based green cards, which are issued in five different categories based on the skills or benefits you bring to the United States.
The first four categories – EB-1, EB-2, EB-3, and EB-4 – focus on the benefit you can bring to the United States as an employee. Normally, people applying through this category start with a temporary visa to visit and study, such as the student F-1 visa and the training J-1 visa, allowing people to move to the US for valid reasons for several years and back and forth multiple times. From there, many people apply for H1-B when they secure a job position that is sponsored by U.S. employers for specialty jobs that require a bachelor’s degree or equivalent. People who obtain an L-1 visa are also eligible they are temporary intra-company transferees who work in managerial positions or have specialized knowledge.
On the other hand, EB-5 is issued to immigrant investors who have invested or are active in the process of investing at least $1,050,000 (or $800,000 in a targeted employment area or infrastructure project) in a new commercial enterprise in the U.S., which will create full-time positions for at least 10 qualifying employees.
C. Green Card Through Humanitarian
Green cards are also issued to people who are identified as asylees, refugees, human trafficking victims, crime victims, or victims of abuse.
D. Green Card Through Registry
The U.S. government also issues green cards to people who have resided continuously in the U.S. since before January 1, 1972.
E. Green Card Through Other Categories
There are various special qualifications for applicants to apply for green cards and be able to move to USA. For example, a small number of immigrant visa applicants are selected for a diversity visa in the Department of State’s diversity visa lottery, or you are an American Indian born in Canada.
Green Card Processes and Procedures
Each green card category has its own process and procedures, and here are some of the general procedures that everyone can follow to immigrate to the USA.
Once you have determined that you are eligible for permanent resident status, you should file an adjustment of status from temporary visa resident to permanent resident if you are in the United States. If you are outside of the United States when applying for a green card to move to US, you are able to apply through the pathway called consular processing, which is similar to the adjustment of status. As part of the process, you have to do the following steps, taking adjustment of status as an example.
- File an immigrant petition
Most people need to complete at least two forms: an immigrant petition and a green card application. Usually, someone who sponsors or petitioned for you will file the application, although you may file it yourself in some cases.
- Check your visa availability and file form I-485
Before filing the form I-485, you must check your visa availability. The availability is often unlimited. Your availability is limited if it is for a family-sponsored or employment-based preference petition.
- Make an appointment and go to an interview
Once you file your I-485 and receive a notice for your biometrics services appointment to provide your fingerprints, photograph, and signature, you will be notified for an interview from the USCIS officials if necessary.
- Receive your decision
If everything goes well, you can receive an approval notice first and then receive your actual green card later! With your green card approved, you are ready to start your relocation to USA.
Employment-Based Green Card Options
EB-1
- EB-1A
Extraordinary Ability (EA) is a subcategory of the EB-1 Employment-Based Green Card. In order to be qualified as “EA,” the individual should be a leader who has risen to the very top of one of these areas: sciences, arts, education, business, or athletics. To be recognized by the Immigration Service, you should demonstrate your achievement in the following ways: winning internationally recognized rewards, participating in peer review activities, publishing original scholarly articles, or achieving distinctive commercial success.
In short, if you meet the following requirement, you are eligible to apply for EB-1A: 1) showing evidence of national or international acclaim; 2) “Self-petition” on the USCIS I-140 form, circumventing the process of obtaining a PERM Labor Certification from a U.S. employer; 3) USCIS I-485 Application to change your status to EB-1A once your I-140 is approved.
2. EB-1B
Out of the EB-1 visa categories, the majority of those are EB-1C visas. EB-1C visas are designated for certain multinational managers or executives, meaning applicants who have already worked in companies abroad that work with the United States or an employee who has already been working in the United States. In short, applicants should work in business entities that are somewhat affiliated with businesses in the United States.
Since affiliating with companies, applicants are not self-petitioning. A U.S. employer who the individuals will work for or currently work for will be your applicant. Meanwhile, your employer should meet the following qualifications to be able to petition for you: 1) the employer must have been doing business for at least one year in the United States; 2) the employer should have a credible relationship with the company you are involved in outside of the United States; 3) you must be employed by the employer in a managerial or executive position in the United States
EB-2
EB-2 is a second preference employment-based visa that allows applicants for permanent resident status. Usually, EB-1 applicants are generally at the top of their fields, and EB-2 applicants are typically individuals who have 1) EB-2A: an advanced degree; 2) EB-2B: exceptional ability; 3) EB-2C: are eligible under the National Interest Waiver (NIW).
- EB-2A
Applicants for the EB-2A visa hold advanced degrees in a field or its foreign equivalent plus 5 years of post-baccalaureate or any other progressive work experience. Additionally, you should also meet the requirements specified in your specific labor certification.
2. EB-2B
To be qualified for an EB-2B visa, you must demonstrate that you have exceptional ability in the sciences, arts, or businesses by providing official academic records of an advanced degree/diploma/certificate, letters documenting at least 10 years of full-time experience, membership in a professional association, etc.
3. EB-2C
Applicants with exceptional ability and whose employment in the United States would greatly benefit the nation are qualified for the EB-2C visa. They can waive the Labor Certification by applying for a national interest waiver
EB-3
The EB-3 visa is a third preference employment-based green card for skilled, professional, or other workers. Although it is not as stringent as EB-1 and EB-2, it usually takes more time to get processed. To qualify for an EB-3 visa, you must have two years of training, experience, or job education while obtaining a baccalaureate degree or equivalent. Since you are not self-petitioning, you need a full-time job offer so your employer can be your petitioner
EB-5
The EB-5 visa is known as the employment fifth preference, which allows people to obtain a green card through investment, and they must play an active role in that business. The minimum amount of investment is $800,000 in targeted economic areas and $1,050,000 for the rest.
Temporary Options—Solution to How to Immigrate to USA Faster
Student F-1
A student F-1 visa is issued to international students who are attending an academic program or English Language Program at a United States college or university. Students who hold F-1 visas must maintain the minimum course load for full-time student status. After completing their degree, students only have up to 60 days to stay in the United States unless they have applied for an OPT program or others to stay.
Student/Training J-1
The J-1 visa is known as the Exchange Visitor Visa, which is for anyone outside of the United States who wishes to take part in study or work-related exchange programs approved by the Department of State Bureau of Educational and Cultural Affairs.
Employee Transfer L-1
The L-1 visa is available for employers who transfer employees from a foreign branch, affiliate, or corporate entity to work at a related U.S. entity. Another requirement is that the foreign national must have been employed with the organization outside of the U.S. for at least one continuous year in the preceding three years at a qualifying foreign entity.
H-1B
The H-1B visa applies to people who wish to perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project, or services as a fashion model of distinguished merit or ability.
Here are the general requirements for an H-1B visa:
- Having a job offer from a U.S. company for a specialty program/position requiring a bachelor’s degree. Normally, international students who graduate from American universities or colleges are automatically eligible for this requirement if they secure a job from a valid company that sponsors H-1B visas.
- Processing at least the required bachelor’s degree to be eligible for regular cap (i.e., a STEM major)
- Not being the sole proprietor of the U.S. company offering the job
Employment-Based Green Card—From F1 to Green Card
Most internationals who wish to immigrate to the USA permanently apply through employment-based green cards. Usually, starting with F-1 student visas, people can secure a job through 3-year OPT if they have a STEM major, and hopefully, the company is valid to sponsor for the H-1B, a temporary visa that allows U.S. employers to employ foreign workers in specialty occupations, lottery.
Normally, it is the H-1B lottery that stops people from proceeding to apply for a green card. For the FY 2021 lottery season, 274,237 petitions were received. Since 65,000 are designated for the visa cap, that’s a 23% chance of selection (Herman Legal Group). However, if you are a STEM major, you are eligible to attend the lottery three times.
However, savvy F1 student visa holders can apply for jobs that are willing to sponsor the EB-2 or EB-3 visa during the STEM OPT period and bypass the H-1B process. Keep in mind certain countries have backlogs of green cards, so it is vital to consult with an immigration attorney on what opportunity is best for you to acomplish your goal of moving to USA.
On the chart below, the listing of a date for any class indicates that the class is oversubscribed; “C” means current, i.e., numbers are authorized for issuance to all qualified applicants; and “U” means unauthorized, i.e., numbers are not authorized for issuance.
(NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlier than the final action date listed below).
Chart of November 2022
| Employment-based | All Chargeability Areas Except Those Listed | CHINA-mainland born | EL SALVADOR-GUATEMALA-HONDURAS | INDIA | MEXICO | PHILIPPINES |
|---|---|---|---|---|---|---|
| 1st | C | C | C | C | C | C |
| 2nd | C | 08JUN19 | C | 01APR12 | C | C |
| 3rd | C | 15JUN18 | C | 01APR12 | C | C |
| Other Workers | 01JUN20 | 01DEC12 | 01JUN20 | 01APR12 | 01JUN20 | 01JUN20 |
| 4th | C | C | 15MAR18 | C | 15SEP20 | C |
| Certain Religious Workers | C | C | 15MAR18 | C | 15SEP20 | C |
| 5th Unreserved (including C5, T5, I5, R5) | C | 22MAR15 | C | 08NOV19 | C | C |
| 5th Set Aside: Rural (20%) | C | C | C | C | C | C |
| 5th Set Aside: High Unemployment (10%) | C | C | C | C | C | C |
| 5th Set Aside: Infraestructure (2%) | C | C | C | C | C | C |
Conclusion
In conclusion, moving to America requires careful consideration and a sound understanding of the visa and green card process. Consulting with an immigration attorney will help you determine which route is best for you when moving to US.
