WAYS TO IMMIGRATE TO THE UNITED STATES The Law Firm of Ekaterina Mouratova, PLLC Tel.: (212) 203-2406 Fax: (212) 279-9743 Email: info@mouratovalawfirm.com www. mouratovalawfirm.com

There is a number of ways to immigrate to the United States. Family-Based Immigration Employment-Based Immigration Investment-Based Immigration Asylum  Lottery 

1. Family-Based Immigrant Visas U.S. citizens and Permanent Residents (Green Card holders) can sponsor their relatives for immigration to the U.S.

Immediate relatives of a U.S Citizen Spouse of a U.S. Citizen   Unmarried Child Under 21 Years of Age of a U.S. Citizen   Orphan adopted abroad by a U.S. Citizen   Orphan to be adopted in the U.S. by a U.S. citizen   Parent of a U.S. Citizen who is at least 21 years old 

Family Preference Categories The family preference immigrant visas are divided into priority preference and usually granted according to which preference category the family members fall into.     

Family members who qualify Family Preference Immigrant Visas First Preference: unmarried sons and daughters of a U.S. citizen and their children under the age of 21  Second Preference: a spouse, minor child, or unmarried sons and daughters over the age of 21 of a U.S citizen or a Lawful Permanent Resident.   Third Preference: a married son or daughter of a U.S. citizen, their spouses and minor children.    Fourth Preference: a brother or sister of a U.S. citizen over the age of 21, their spouses and minor children.

There is no limit on the amount of visas issued to immediate relatives of the U.S. citizens. There is an annual limit on the amount of visas to be issued to the family- preference categories. After the allotted number of visas are issued, the remaining applicants will have to wait until the visa becomes available to them. Waiting period depends on the priority date of the preference category a person falls into.

Who does not qualify for family preference immigration visa? Grandparents of a U.S Citizen or Lawful Permanent Resident Aunts or Uncles of a U.S Citizen or Lawful Permanent Resident  Any in-laws of a U.S Citizen or Lawful Permanent Resident Cousins of a U.S Citizen or Lawful Permanent Resident

Process of Family-based Immigration 1) Filing a Petition A Petitioner shall file a petition for an Alien Relative with the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS).  This form is to establish the relationship between the citizens/LPRs and their relatives. 2) Age requirement for a Petitioner  A Petitioner should be over the age of 21 when sponsoring parents or siblings. For all other members of the family, U.S/ LPR' Petitioner should be over the age of 18.

3) A Petitioner must reside in the U 3) A Petitioner must reside in the U.S A petitioner must establish his/her lawful residence in the U.S. In some cases, a petitioner also must be in the U.S when he files for the petition. 4) A Petition can update his/her immigration status. This provision is for Lawful Permanent Residents who obtained U.S citizenship after they had filed a petition for a family member. New citizens can upgrade the family preference category for their relatives according to the new eligibilities.

If relative is outside the U.S. 5) National Visa Center  Once the USCIS approves the petition, it will be transferred to the National Visa Center. NVC will pre-process the petition. It involves submission of additional documents and fees. 6) U.S. Consulate abroad Once NVC receives requested documents and fees, it will forward the package to the U.S. Consulate at the country of relative’s residence. Subsequently the relative will be called to the embassy for an interview. If a relative was not found inadmissible to the U.S. an immigrant visa is issued at the embassy.    

Relatives already residing in the U.S. If the family member is already residing in the U.S., he/she can apply for adjustment of status. A separate application is filed with USCIS and corresponding fee is paid. If approved, a person will receive a green card in the U.S. by mail.

2. EMPLOYMENT BASED IMMIGRATION Every year, the United States grants a specific number of permanent work visa. They are divided into the following four categories:  First preference – EB1 Second preference – EB2 Third preference - EB3 Fourth preference - EB4

First preference- EB1 Visa This visa is for individuals who: Have extraordinary ability in business, art, sport, entertainment, science, education  Are Outstanding Professors and Researchers  Are Multinational Managers or Executives 

1. Extraordinary Ability  Extraordinary ability is in the field of science, arts, education, business or sport. Evidence of all claimed achievements are proved through extensive documentation.  Applicants do not need an employer to file this petition. They can apply  themselves.  Evidence including nation & international awards, one-time achievements, newspaper articles, other media coverage, publications, recommendations etc. are all admissible documents . 

2. Outstanding Professors and Researchers must have an outstanding performance in the specific field of study, which is  recognized internationally. must have a minimum of 3 years experience teaching in the area of specialization or doing research in a specific subject. must prove that his/her main purpose in the U.S. is to pursue a comparable research position or higher education.  Applicants DO NEED an employer to file this petition. Applicant cannot apply for this petition themselves. Evidence including nation & international awards, one-time achievements, newspaper articles, other publications, recommendations, academic research etc. are all admissible documents.  

3. Multinational Managers or Executives  must have been working outside the U.S for at least 3 years and a minimum of 1 year in a sponsoring company in a managerial or executive position before filing the petition.  must be entering the U.S with the main purpose of continuing service in a managerial or executive position for the same company.    Applicants DO NEED an employer to file this petition. Applicant cannot apply for this petition themselves. Applicant's employer should be in business in the U.S. for a minimum period of 1 year before sponsoring foreign employees.  

Second preference EB2  Applicants who are members of professions holding advance degree or its equivalent foreign degree or a foreign national with exceptional abilities  This category is sub-divided into the following: Advanced Degree Exceptional Ability  National Interest Waiver 

1) Advance Degree  The applicant is seeking an employment position that requires advanced degree or its equivalent.  must be able to provide letters of recommendation from people of high standing in that academic area.  must posses a U.S advance degree or foreign equivalent.  must show that he/she has a minimum of 5 years of work experience or training in the field of specialty. Require sponsorship of a U.S. employer.

2) Exceptional Ability Exceptional ability in science, arts, education, business. According to USCIS definition of Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.” The difference from the aliens with extraordinary ability is that they do not have to achieve the very top of their profession, but must achieve more than an average representative of the industry. Require sponsorship of a U.S. employer.

3) National Interest Waiver  The waiver is generally granted to the individuals whose employment will benefit the nation and its economy.  Unlike other petitions, National Interest waiver does not require a U.S. employer (a self-petition filled by the applicant).  The waiver exempts applicants from requiring to obtain a labor certification from the department of labor. 

Third preference EB3 Applicants who are: Skilled workers Professionals Unskilled workers

1) Skilled Workers   Applicant must have a minimum of two years of work experience or training in the field of the specific skilled work.  Applicants apply for a job for which qualified workers are not available in the U.S.  Requirements: 1) must obtain Labor Certificate from Department Of Labor.  2) must have a permanent, full-time job in the U.S.    

Such degree should be required degree for the prospective occupation 2) Professionals Applicant must possess a U.S baccalaureate degree or a foreign degree equitant    Such degree should be required degree for the prospective occupation Applicant must be working in a field where there is a lack of qualified workers in the U.S   Requirements:   1) must obtain a Labor certificate from the Department of  Labor.   2) must have a permanent full-time job offer at the time of filing the petition

3) Unskilled workers  Applicant must be capable at the time of filing the petition of performing unskilled labor which requires less than two-year training or experience. Other work for which qualified workers are not available in the United States.  Requirements:  1) must obtain a Labor certificate from the Department of  Labor.    2) must have a permanent full-time job offer at the time of filing the petition.

Fourth preference EB4 People who are either: Religious Workers Special Immigrant Juveniles  Broadcasters G-4 International Organization or NATO-6 Employees and Their Family Members   International Employees of the U.S. Government Abroad 

6) Armed Forces Members  7) Panama Canal Zone Employees  8) Certain Physicians  9) Afghan and Iraqi Translators  10) Afghan and Iraqi Nationals Who Have Provided Faith Service in Support of       U.S. Operations

3. Investment Based Immigration EB-5 immigration program allows entrepreneurs (and their spouses and unmarried children under 21) to apply for a green card if they satisfy two conditions: invest in a commercial enterprise in the U.S.   create or preserve 10 permanent full-time jobs for qualified U.S. workers.

What is a Commercial Enterprise? The USCIS definition of a commercial enterprise - any for-profit activity formed for the ongoing conduct of lawful business including, but not limited to: A sole proprietorship Partnership (limited or general) Holding company Joint venture Corporation Business trust or other entity, which may be publicly or privately owned

Required investment In general, the minimum qualifying investment in the U.S is $ 1 million dollars.  If investment is made in a targeted employment area (either a rural area or with 150% unemployment rate), required minimum is $500,000.

What can constitute investment?   What can constitute investment? Capital can be composed of cash, equipment, inventory, other tangible property, cash equivalents and indebtedness secured by assets owned by the alien entrepreneur. Provided that assets of the new commercial enterprise upon which the petition is based are not used to secure any of the indebtedness.

4. Asylum   U.S grants protection to people who are fleeing persecution or fearing of being persecuted in the countries of their residence on the basis of: Race Religion  Nationality  Membership in a particular social group Political opinion 

Process of Seeking Asylum An Asylum seeker must file an application for asylum and withholding of removal, within ONE YEAR FROM THE DATE OF ENTRY TO THE U.S. (there are limited exceptions to this rule) An Asylum seeker may include a spouse and children who are under the age of 21 who are present in the U.S. in his/her petition.

Applicants whose family is not in the U.S If asylum is granted, then he/she can petition for the spouse and children who are outside the U.S. must file a petition for Refugee/ Asylee Relative Form. must file within TWO YEARS after being granted Asylum unless delayed due to humanitarian reasons.

Working in the U.S An asylum applicant may apply for a work authorization in the U.S. if more than 150 DAYS have passed since the date of filling the application and this delay was not caused by the applicant. no decision has been made on the application 

5. IMMIGRANT DIVERSITY VISA PROGRAM Known as a “Green Card Lottery” Once a year U.S. publishes a list of countries, which citizens can participate in a lottery. Those are countries with historically low rates of immigration to the United States.  The lottery takes place once a year

Requirements The requirements are simple but strict: The applicant must either be born in one of the eligible countries The applicant must have a high school education or work experience for at least 2 years in the occupation that requires a two-year training The applicant must satisfy the basic immigration requirements such as no criminal record, good health, etc.  In some cases: the applicant may apply based on the country of birth of his/her parents or spouse

Information required for processing 8.Country of Current Residence  9.Phone Number 10.Email  11.Highest Level of Education or Work experience  12.Martial Status  13.Spouse Information   14.Number of Children  15.Children's information  Full Name  Date of Birth Gender  Country of Birth Country of Eligibility for Diversity Visa Entry Photograph – Individual photos, family photos not accepted.   Mailing Address 

Fee Structure There is no charge for the electronic download and electronic entry of the form. Only if and after the application is selected from the randomized computer lottery, the applicant must pay applicable visa fees.

Process Diversity Visa form is also known as Lottery visa can be filled and submitted online only. An Applicant can fill entry more than once, failing which the entry will be disqualified.  Any incorrect or incomplete entry or form by the applicant may be disqualified. 

Questions?

The Law firm of Ekaterina Mouratova, PLLC 222 Broadway, 19 Floor  New York, NY 10038  Tel.: (212) 203-2406 Fax: (212) 279-9743 Email: info@mouratovalawfirm.com www.mouratovalawfirm.com http://nystartuplawcenter.com