Law Offices of:

Allen E. Kaye, P.C.

111 Broadway, 13th Floor
New York, NY 10006
Tel: (212) 964-5858
Fax: (212) 608-3734
 


THE UNITED STATES
IMMIGRANT VISA SELECTION SYSTEM

A. FAMILY-BASED IMMIGRATION

1. Immediate Relatives-spouses, parents of U.S. citizens whose child is over the age of twenty-one and unmarried children (under 21) of U.S. citizens.

2. First Category-unmarried adult (over 21 years of age) children of U.S. citizens

3. Second Category-(a) spouses, minor children and (b) unmarried adult children of permanent residents

4. Third Category-married adult children of U.S. citizens

5. Fourth Category-brothers and sisters of adult U.S. citizens (over 21 years of age)

B. EMPLOYMENT-BASED IMMIGRATION

1. "Priority workers"-extraordinary ability', outstanding professors and researchers and certain multinational executives and managers-labor certification not required.

2. Professionals holding advanced degrees or aliens of exceptional ability*/**

3. Professionals with baccalaureate degrees, skilled workers (2 + years of experience/ training) and "other workers" (-2 years of experience/training)*

4. "Special immigrants"-includes clergy, foreign missionary workers, etx-labor certification not required.

5. Investors-new enterprises employing at least 10 U.S. workers = $500,000 - $1 million capital-labor certification not required.

C. DIVERSITY-BASED IMMIGRATION

Permanent diversity program


' Job Offer not required
* Requires labor certification
** Job offer and labor certification requirement may be waived



*LABOR CERTIFICATIONS

1. The U.S. Secretary of Labor must find that:

  1. there are not sufficient workers in the U.S. who are able, willing, qualified (or "equally qualified" in the case of aliens who are members of the teaching profession or who have exceptional ability in the sciences or the arts) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor (the question of availability of local workers), and

  2. the employment of such aliens will not adversely affect the wages and working conditions of workers in the U.S. similarly employed (generally, this is a question of prevailing wages).


2. Types of labor certifications:

  1. Schedule A

  2. Job offer or individual labor certification

3. Note Schedule B-occupations on this list are those for which (generally) labor certification will not be issued.


By: Allen E. Kaye
Attorney at Law







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