Garry Davis' Blog

Each week, I consult with people who ask me why it takes so long to get a green card in certain categories. For the next few weeks, I will provide information about the green card quotas in the US in an effort to clarify this confusing topic. This week’s article will be on the primary categories of green card sponsorship. Next week, I will discuss the difference between obtaining a green card from inside and outside the US. And finally, I will wrap up this series with a discussion of the Visa Bulletin: what it means, how to read it and why it exists.

Those seeking to permanently immigrate to the US have basically four options: family sponsorship, business/employer sponsorship, investment, self-sponsorship and the Diversity Visa Lottery. US citizens and US Lawful Permanent Residents (LPR) can sponsor certain family members to immigrate permanently to the US. US Citizens can sponsor spouses, parents, children (married and single) and siblings. There is no quota for spouses, unmarried children under 21, and parents whose child is a US citizen and at least 21. There generally is an applicable quota for children 21 or older, and there always is a quota for children of any age who are married and for siblings.

A person can be sponsored by his or her business or employer, and there are various categories for doing so. All of these categories have quotas, and depending on the country the person being sponsored is from, the wait will be longer or shorter. Employment Based First Preference (EB1) is for individuals of extraordinary ability in his or her field; outstanding professors and researchers; and multinational managers and executives who are transferred into the US office of an international business. Second Preference (EB2) is for those who are in positions that require a Master’s degree or in some cases a Bachelor’s degree and 5 years of progressively responsible experience. It is also for those individuals whose work is in the National Interest, such as medical researchers. Third Preference (EB3) is for positions that require at least a Bachelor’s degree or 2 years of experience to qualify for the position. Most EB2 and all EB3 positions require processing through the Department of Labor and US Citizenship and Immigration Services to complete processing and obtain LPR status.

Those willing to invest at least $500,000 in a certified economic development center, or $1,000,000 in any other investment in the US economy may seek LPR status in the US. It is called the Employment Creation Visa or EB5.

In some situations, individuals can self petition to immigrate to the US. For example, widows or widowers of US citizens and victims of spousal or child abuse at the hands of a US citizen or LPR spouse or parent can self petition to become LPRs.

Finally, each year, the US Department of State conducts a visa lottery with an eye to the diversification of the immigrant population in the US. Those countries that send the most immigrating individuals to the US do not qualify for the program.

This is not an exhaustive list of options, but does cover the most common. If you believe you qualify for one of these categories, or if you have questions, you should contact us to discuss it at length.

Garry L. Davis

Attorney at Law