The US immigration system is mainly based on family reunion, on-demand work skills and capital investment to grant immigration status. The immigration system also covers refugees and asylum seekers, and provides a “lottery” for those who are in urgent need of immigration to improve their immigration status. The process of obtaining a legal immigration status will depend on factors such as your occupation, academic qualifications and family status, among other factors, which path you can choose.
If someone seeks immigration status based on the fact that their relatives are US citizens or legal permanent residents, the following conditions must be met:
According to family relationships recognized by US immigration law, individuals must qualify for legal and legal permanent residence. Not every relative is immediately eligible, and some immediate family members (spouse and children) have priority over other relatives.
Form I-130, petitioning foreign relatives, must be made by an individual relative (called “sponsor”), proof of family relationship, and the application must be approved by the government (US Citizenship and Immigration Services).
If an individual seeks immigration status based on permanent employment opportunities, the following conditions must be met.
The individual must meet one of five employment-based immigrants recognized by US law.
Individual employers must complete and submit a labor certification application to the Department of Labor, Employment and Training Management (see ETA Form 750A and ETA Form 750B (must be submitted on both sides)).
An individual employer must submit an immigrant visa application (usually Form I-140, Foreign Worker Petition) and the government must approve the application.
Although relatively rare, if an individual makes a qualifying capital investment in the United States, he or she may be eligible for immigration status, provided that:
Investing at a certain threshold dollar amount is beneficial to the US economy and creates or saves a certain number of jobs.
Form I-526, applied by a foreign entrepreneur immigrant, is submitted to the United States and approved by the government.
To qualify for refugee status, a person must have been subjected to persecution in the past (or fear of persecution in the future) based on race, religion, nationality, political opinion, or membership of a group. Individuals found to be eligible for refugee status must meet certain medical and safety standards in order to be eligible to enter the United States. Political pressure makes refugee status difficult to prove in some cases.
Through the Diversified Visa Lottery Program, immigrant visas are provided annually to those with lower immigration rates from the country of origin to the United States. The State Council selects 110,000 applicants from all eligible entries each year. However, once 50,000 immigrant visas have been issued, or the end of the financial year, the lottery will be closed. In the past five years, people whose countries of origin have sent more than 50,000 immigrants to the United States have not been able to obtain immigrant visas.