Green Card
Nonimmigrant :The U.S. has provisions for certain visa holders to bring dependents (their spouses and children) on accompanying visas. These dependent visas do not allow for the same privileges as the primary visa or status. Family-Based Immigration ranges from bringing in immediate relatives of U.S. citizens (spouse and minor, unmarried children and parents) to "preference" relatives in several categories (unmarried sons and daughters of green card holders and U.S. citizens, married sons and daughters of citizens, and brothers and sisters of U.S. citizens.
The first step in nearly all employment-based, permanent residency cases is Labor Certification (LC). The goal of the LC process is to determine that the insufficiency of U.S. workers in the local area warrants the hiring of a foreign worker for a particular position. The local labor market is tested via advertising and other competitive recruitment. Under the PERM process, recruitment is conducted prior to filing to test the market. Recruitment includes two Sunday print advertisements, and for certain occupations, further forms of recruitment such as job search websites, postings on company websites, employee referral programs, or local newspapers. A job order with the State Workforce Agency is also required. Upon completion of the recruitment, an Audit File is created that includes the evidence of recruitment as well as information on the company's existence, ability to pay, and the credentials of the foreign national. A PERM case can be submitted either electronically or through the mail, though generally it is recommended to file electronically. A decision takes an average of 45-60 days. After LC approval, the employer files a petition with the USCIS.
The Employment Based Second Preference Category is for members of the professions who hold advanced degrees and individuals of exceptional ability in the arts, sciences or business. Although this category generally requires an employer and labor certification, the Attorney General may waive this requirement if the work of the alien is in the "national interest."
To qualify for a national interest waiver the individual’s work must benefit the U.S. in the national interest. Since the term national interest has not been defined in the statute, certain factors are taken into account in determining national interest. These factors include improvement of: the U.S. economy; wages and working conditions for U.S. workers; education, health care, the environment and housing. An interested government agency request is an added factor which is given considerable weight by the USCIS.
Please note that approvals in this category have become more difficult to obtain since August of 1998, due to a case known as the "New York State Department of Transportation" (NYSDOT) case. USCIS is scrutinizing these petitions more carefully and, in many instances, is applying a higher standard similar to the "extraordinary ability" standard. Our Office files applications in these categories on a regular basis and we have been extremely successful in this category even subsequent to the NYSDOT case. Like most immigrants to the U.S., these highly skilled immigrants in this category contribute richly to the diversity and strength of the U.S. and not only help themselves by being here but help to make the U.S. a better and stronger country.
Since October 1994, there has been an annual permanent lottery program in place (Diversity Visa Lottery Program). India and Pakistan, however, are excluded because they are over-represented among immigrants in the U.S. Persons born in Bangladesh as well as many other countries do qualify. Natives of India or Pakistan may apply only if, for example, they were born in what was India but is now Bangladesh, or born in any country that is eligible to participate in the lottery program, or if they are married to someone who is eligible to apply for the lottery under the principle of cross-chargeability. Certain other narrow exceptions may also apply.
