Family Preference System
Residency Through Employment
Employment First Category (E1)
Employment Second Category (E2)
Employment Third Category (E3)
Employment Fourth Category (E4)
Employment Fifth Category (E5)
Our Immigration Law practice group will explain the process, go over every question in the applications with you, prepare the documentation, collect and review the supporting documents and file the case under the name of Garces, Grabler & LeBrocq and prepare you and your relative prior to the interview.
If your relative is out of the country, we will do everything necessary to have the consular interview result in an approval. If you or your relative is in the United States, should you wish to have an attorney accompany you, we will have a lawyer go with you to the adjustment interview.
If you are living in a state that is far from our offices, you may elect to:
Obtaining permanent residency (“green card”) grants the applicant, spouse, and minor children lawful permanent residence to live and work in the United States.
There are many ways to obtain lawful permanent residency in the United States:
The Visa Bulletin, issued monthly by the United States Department of State, controls the time period (quota) many cases take. Priority dates (date of filing) do not affect Immediate Relatives.
The “Immediate Relative” is an immigrant petition which allows some individuals from other countries to apply for legal permanent residence in the United States on the basis of a family relationship to a United States citizen.
The benefits of this type of visa are:
The approval and grant of such visas are subject to the alien not violating any other law(s) or regulation(s).
An immediate relative is:
A step-parent or child will only qualify as an immediate relative if that relationship was created before the child’s eighteenth birthday.
The Visa Bulletin, a monthly publication of the U.S. Department of State, sets forth the availability of family preference visas for:
The Priority date is the date that the Petition is filed.
Preference Relationship U.S. Sponsor Visa Allocated:
The Offices of Garces, Grabler & LeBrocq can process any application or petition, whether on behalf of the company or the self petitioning individual. We consult with the individual and/or company and carefully analyze the facts and make recommendations on what is the best procedure to follow. Once retained, we will assist with preparing petitions, applications, documents, correspondence and continue the case through adjustment of status or consular processing.
An individual from another country may permanently immigrate to the United States if he or she fulfills certain conditions. The complexity in this type of case depends upon the education, skill, experience and nationality of the person who wishes to immigrate. Each country has its own quota.
The process of obtaining employment based immigration is broken into various steps:
PERM is required of all categories except the first preference category. But, under special circumstances, this requirement can be waived by filing a National Interest Waiver.
There are currently five (5) employment based preference categories. Under current law, there are a maximum of 140,000 employment based immigrant visas issued each year. The first three preference categories are each allotted approximately 40,000 visas annually plus certain allocations from the preference groups. The last two categories are each allotted approximately 10,000 visas annually. Any unused visas in the first three categories are applied against the demand of any other of the first three preference categories.
The classification of a preference category dictates the complexity, cost and wait of the procedures. The important factors influencing the difficulty of the process include the demand for visas in each category, the number of visas available in each category, whether the category requires a PERM application, and whether a National Interest Waiver is possible under the circumstances.
Within this category there are three sub-categories:
Professionals holding advanced degrees, or persons of exceptional ability in the Arts, Sciences, or Business. All second preference category applicants must have a PERM approved by the Department of Labor (DOL), or Schedule A designation, or establish that they qualify for one of the shortage occupations under the Reduction in Recruitment process (discussed later). A job offer is required and the U.S. employer must file a petition on behalf of the applicant.
Aliens may apply for exemption from the job offer and PERM if the exemption would be in the national interest, in which case the alien may file the petition. Form I-140 along with evidence of the national interest.
There are two subgroups within this category:
Exceptional ability means having a degree of expertise significantly above that ordinarily encountered within the field.
This group includes skilled workers, professionals holding Baccalaureate Degrees and other workers. This is the category under which most people file. These applicants require an approved I-140 petition filed by the prospective employer. They all require a PERM application (Labor Certification or Schedule A designation), or evidence that they qualify for reduction in recruitment (RIR).
There are three (3) subgroups within this category:
These are called Special Immigrants. There are six (6) subgroups:
To qualify, an alien must invest between U.S. $500,000.00 and $1,000,000.00, depending on the employment rate in the geographical area, in a commercial enterprise in the United States which creates at least 10 new full-time jobs for U.S. citizens, lawful permanent residents, or other lawful immigrants, not including the investor and his or her family.
Labor Certification – ETA 750A and B are Department of Labor (DOL) forms. After completion of these forms and complying with all requirements, a labor certification may issue.
The labor certification must establish that the alien will not displace U.S. workers or adversely affect the wages or working conditions of U.S. workers. This is established by demonstrating that no minimally qualified and willing U.S. worker can be found. Alternatively, a position may be pre-certified if the DOL has determined that there are insufficient USC/LPR workers in the field. This is accomplished through a list of pre-certified jobs designated as Schedule A by the DOL. Once a labor certification is approved, the employer files an I-140 employment based visa application on behalf of the alien employee or prospective employee.
PERM – ETA form 9089 has now replaced the “labor certification.” The new process is referred to as PERM (Program Electronic Review Management). An approval is required before the employer may file an I-140 employment based visa application on behalf of the alien employee or prospective employee.
Diversity Immigrants (Visa Lottery) — The Attorney General determines the number of persons from each foreign country that will be allocated visas and which countries that will not be located visas for any given year. Only one application may be filed per applicant per year or the applications will be disqualified.
Polish and Hungarian Parolees — The Congress in IIRIRA established a special adjustment of status program for persons who:
Nicaraguan and Cuban Adjustment — Nicaraguan Adjustment and Central American Relief Act — Provides for adjustment of status for Nicaraguans or Cubans physically present in the U.S. since Dec.1, 1995, if he/she applied for adjustment of status before April 1, 2000. They can adjust even ordered excluded, deported, removed or failed to depart voluntarily after VD order.
Haitian Refugee Immigration Fairness Act of 1998 — Provides for equal treatment for Haitian refugees with Nicaraguans Adjustment and Central American Relief Act. Applications must have been filed at any time between June 11,1999, and March 31, 2000.
Syrian Adjustment Act — Allows for the adjustment of status of Syrian Jews who:
The application must have been filed no later than Oct. 26, 2001. The applicant must have been physically present in the U.S. for one year after being granted asylum, must not be firmly resettled in any foreign country, and must be otherwise admissible. A spouse, child, unmarried son or daughter of the principal applicant may also apply.
Vietnam, Cambodia and Laos Adjustment Act — Allows for the adjustment of status of Vietnamese, Cambodian and Laotian Nationals who were paroled into the U.S. before Oct. 1, 1997, and who were physically present on the date and eligible for adjustment.
USA Patriots Act — Provides for special benefits for family members of persons who were victims of the Sept. 11, 2001 attacks by allowing them to become special immigrants or to self petition. It allows for the extension of certain deadlines for children who have become 21, for persons granted voluntary departure or for persons who missed the diversity lottery deadline as a result of the events of September 11, 2001.
To speak with an experienced Immigration attorney immediately call us toll free at 1–800–923–3456 or contact us online to discuss your legal matter today.