Immigrant Visa categories

The ultimate goal for many persons is to obtain U.S. permanent residence, that is evidenced by Form I-551 more popularly known as "Green Card". This can be obtained through:

1. Diversity Visa Lotteries:
   Every year 55,000 persons from eligible countries obtain their permanent residence through this Diversity Visa Lottery program. Generally only 7% of this number can be allotted to a country, but if in the past, the number of persons who have obtained their permanent residence from that country is very less, then the percentage may be increased. Note that India, China and Pakistan are among the countries that do not qualify for this program.
2. Family-based visas: This depends on four factors:
   1. The immigration status of the relative (whether s/he is a US citizen or lawful permanent resident)
   2. The nature of the family relationship. Only spouses, parent-child and sibling relationship qualify for benefits under this
   3. The alien's country of chargeability (usually the country of birth, but may vary)
   4. The existing and anticipated backlog with respect to the country (India has a backlog)
3. Employment-based petitions: The following categories of people fall under the EB-3 classification:
   1. Aliens with at least two years of experience as skilled workers;
   2. Professionals with a baccalaureate degree; and
   3. Other workers with less than two years experience, such as an unskilled worker who can perform labor for which qualified workers are not available in the United States.

   Here, skilled workers does not include seasonal or temporary workers, but requires at least two years of experience or training. It is also possible to equate the training requirement with post-secondary education.

   In the above context, “professionals” includes a person with U.S. baccalaureate degree or an equivalent foreign degree, required for the profession. In case of a foreign degree, educational evaluation has to be done. This requirement for a degree may not be substituted with education or experience or both.

   Persons who fill in positions that required higher education, training or experience of less than two years fall under the category of “other workers”. Persons under this category may have to wait for quite a number of years, as there is a backlog.

   The employer has to file Form I-140 at the INS Regional Service Center that serves the area of intended work. This petition has to be accompanied by labor certification and a permanent fulltime job offer. This is a mandatory requirement and there are no exceptions to this rule. All petitions under this category are current.