1. WAYS TO IMMIGRATE TO THE UNITED STATES
The Law Firm of Ekaterina Mouratova, PLLC
Tel.: (212) Fax: (212)
www. mouratovalawfirm.com

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

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

4. 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 

5. 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. 
   

6. 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.

7. 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.

8. 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

9. 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.

10. 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.

11. 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.
   

12. 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.

13. 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

14. 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 

15. 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 . 

16. 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.  

17. 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.  

18. 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 

19. 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.

20. 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.

21. 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. 

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

23. 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.    

24. 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

25. 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.

26. 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 

27. 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

28. 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.

29. 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

30. 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.

31. 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.

32. 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 

33. 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.

34. 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.

35. 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 

36. 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

37. 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

38. Information required for processing
8.Country of Current Residence 
9.Phone Number
10.  
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 

39. 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.

40. 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. 

41. Questions?

42. The Law firm of Ekaterina Mouratova, PLLC
222 Broadway, 19 Floor  New York, NY 10038 
Tel.: (212) Fax: (212)