A presentation about the various ways to immigrate to the US and their details.

1. WAYS TO IMMIGRATE TO
THE UNITED STATES
Tel.: (212) 203-2406
Fax: (212) 279-9743
Email: info@mouratovalawfirm.com
www. mouratovalawfirm.com
The Law Firm of Ekaterina Mouratova, PLLC

2. There are a number of ways to immigrate to the United States.
1. Family-Based Immigration
2. Employment-Based Immigration
3. Investment-Based Immigration
4. Asylum
5. Lottery

3. 1. Family-Based Immigrant Visas
 U.S. citizens and Permanent Residents (Green Card
holders) can sponsor their relatives for immigration to
the U.S.

4. Immediate relatives of a U.S Citizen
1. Spouse of a U.S. Citizen
2. Unmarried Child Under 21 Years of Age of a U.S. Citizen
3. Orphan adopted abroad by a U.S. Citizen
4. Orphan to be adopted in the U.S. by a U.S. citizen
5. Parent of a U.S. Citizen who is at least 21 years old

5. Family Preference Categories
 The family preference immigrant visas are divided into priority
preference and usually granted according to which preference category
the family members fall into.

6.  Family members who qualify Family Preference Immigrant Visas
 First Preference: unmarried sons and daughters of a U.S. citizen and
their children under the age of 21
 Second Preference: a spouse, minor child, or unmarried sons and
daughters over the age of 21 of a U.S citizen or a Lawful Permanent
Resident.
 Third Preference: a married son or daughter of a U.S. citizen, their
spouses and minor children.
 Fourth Preference: a brother or sister of a U.S. citizen over the age of
21, their spouses and minor children.

7. There is no limit on the amount of visas issued to immediate relatives of
the U.S. citizens.
There is an annual limit on the amount of visas to be issued to the family-
preference categories.
After the allotted number of visas are issued, the remaining applicants
will have to wait until the visa becomes available to them.
Waiting period depends on the priority date of the preference category a
person falls into.

8. Who does not qualify for family preference
immigration visa?
1. Grandparents of a U.S Citizen or Lawful Permanent Resident
2. Aunts or Uncles of a U.S Citizen or Lawful Permanent Resident
3. Any in-laws of a U.S Citizen or Lawful Permanent Resident
4. Cousins of a U.S Citizen or Lawful Permanent Resident

9. Process of Family-based Immigration
1) Filing a Petition
A Petitioner shall file a petition for an Alien Relative with the
Department of Homeland Security, U.S. Citizenship and Immigration
Services (USCIS).
This form is to establish the relationship between the citizens/LPRs and
their relatives.
2) Age requirement for a Petitioner
A Petitioner should be over the age of 21 when sponsoring parents or
siblings.
For all other members of the family, U.S/ LPR' Petitioner should be over
the age of 18.

10. 3) A Petitioner must reside in the U.S
A petitioner must establish his/her lawful residence in the U.S.
In some cases, a petitioner also must be in the U.S when he files for the
petition.
4) A Petition can update his/her immigration status.
This provision is for Lawful Permanent Residents who obtained U.S
citizenship after they had filed a petition for a family member.
New citizens can upgrade the family preference category for their
relatives according to the new eligibilities.

11. 5) National Visa Center
Once the USCIS approves the petition, it will be transferred to the National Visa
Center. NVC will pre-process the petition. It involves submission of additional
documents and fees.
6) U.S. Consulate abroad
Once NVC receives requested documents and fees, it will forward the package
to the U.S. Consulate at the country of relative’s residence. Subsequently the
relative will be called to the embassy for an interview. If a relative was not
found inadmissible to the U.S. an immigrant visa is issued at the embassy.
If relative is outside
the U.S.

12. Relatives already residing in the U.S.
If the family member is already residing in the U.S., he/she can apply for
adjustment of status.
A separate application is filed with USCIS and corresponding fee is paid.
If approved, a person will receive a green card in the U.S. by mail.

13. 2. EMPLOYMENT BASED
IMMIGRATION
Every year, the United States grants a specific number of
permanent work visa. They are divided into the following
four categories:
1. First preference – EB1
2. Second preference – EB2
3. Third preference - EB3
4. Fourth preference - EB4

14. First preference- EB1 Visa
This visa is for individuals who:
1. Have extraordinary ability in business, art, sport,
entertainment, science, education
2. Are Outstanding Professors and Researchers
3. Are Multinational Managers or Executives

15. 1. Extraordinary Ability
 Extraordinary ability is in the field of science, arts, education, business
or sport.
 Evidence of all claimed achievements are proved through extensive
documentation.
 Applicants do not need an employer to file this petition. They can
apply themselves.
 Evidence including nation & international awards, one-time
achievements, newspaper articles, other media coverage, publications,
recommendations etc. are all admissible documents .

16. 2. Outstanding Professors and Researchers
 must have an outstanding performance in the specific field of study, which
is recognized internationally.
 must have a minimum of 3 years experience teaching in the area of
specialization or doing research in a specific subject.
 must prove that his/her main purpose in the U.S. is to pursue a comparable
research position or higher education.
 Applicants DO NEED an employer to file this petition. Applicant cannot apply
for this petition themselves.
 Evidence including nation & international awards, one-time achievements,
newspaper articles, other publications, recommendations, academic research
etc. are all admissible documents.

17. 3. Multinational Managers or Executives
 must have been working outside the U.S for at least 3 years and a minimum
of 1 year in a sponsoring company in a managerial or executive position
before filing the petition.
 must be entering the U.S with the main purpose of continuing service in a
managerial or executive position for the same company.
 Applicants DO NEED an employer to file this petition. Applicant cannot
apply for this petition themselves.
 Applicant's employer should be in business in the U.S. for a minimum
period of 1 year before sponsoring foreign employees.

18. Second preference EB2
 Applicants who are members of professions holding
advance degree or its equivalent foreign degree or a
foreign national with exceptional abilities
This category is sub-divided into the following:
1. Advanced Degree
2. Exceptional Ability
3. National Interest Waiver

19. 1) Advance Degree
 The applicant is seeking an employment position that requires
advanced degree or its equivalent.
 must be able to provide letters of recommendation from people of high
standing in that academic area.
 must posses a U.S advance degree or foreign equivalent.
 must show that he/she has a minimum of 5 years of work experience or
training in the field of specialty.
Require sponsorship of a U.S. employer.

20. 2) Exceptional Ability
Exceptional ability in science, arts, education, business.
According to USCIS definition of Exceptional ability “means a degree of
expertise significantly above that ordinarily encountered in the sciences, arts, or
business.”
The difference from the aliens with extraordinary ability is that they do not have
to achieve the very top of their profession, but must achieve more than an
average representative of the industry.
Require sponsorship of a U.S. employer.

21. 3) National Interest Waiver
 The waiver is generally granted to the individuals whose employment
will benefit the nation and its economy.
 Unlike other petitions, National Interest waiver does not require a U.S.
employer (a self-petition filled by the applicant).
 The waiver exempts applicants from requiring to obtain a labor
certification from the department of labor.

22. Third preference EB3
 Applicants who are:
1. Skilled workers
2. Professionals
3. Unskilled workers

23. 1) Skilled Workers
 Applicant must have a minimum of two years of work experience or
training in the field of the specific skilled work.
 Applicants apply for a job for which qualified workers are not available in
the U.S.
Requirements:
1) must obtain Labor Certificate from Department Of Labor.
2) must have a permanent, full-time job in the U.S.

24. 2) Professionals
 Applicant must possess a U.S baccalaureate degree or a foreign
degree equitant
 Such degree should be required degree for the prospective
occupation
 Applicant must be working in a field where there is a lack of
qualified workers in the U.S
Requirements:
1) must obtain a Labor certificate from the Department
of Labor.
2) must have a permanent full-time job offer at the time of filing
the petition

25. 3) Unskilled workers
 Applicant must be capable at the time of filing the petition of performing
unskilled labor which requires less than two-year training or experience.
 Other work for which qualified workers are not available in the United
States.
Requirements:
1) must obtain a Labor certificate from the Department of Labor.
2) must have a permanent full-time job offer at the time of filing the petition.

26. Fourth preference EB4
People who are either:
1. Religious Workers
2. Special Immigrant Juveniles
3. Broadcasters
4. G-4 International Organization or NATO-6 Employees and Their Family Members
5. International Employees of the U.S. Government Abroad

27. 6) Armed Forces Members
7) Panama Canal Zone Employees
8) Certain Physicians
9) Afghan and Iraqi Translators
10) Afghan and Iraqi Nationals Who Have Provided Faith Service in Support of
U.S. Operations

28. 3. Investment Based Immigration
EB-5 immigration program allows entrepreneurs (and their
spouses and unmarried children under 21) to apply for a
green card if they satisfy two conditions:
 invest in a commercial enterprise in the U.S.
 create or preserve 10 permanent full-time jobs for
qualified U.S. workers.

29. What is a Commercial Enterprise?
The USCIS definition of a commercial enterprise - any for-profit activity
formed for the ongoing conduct of lawful business including, but not limited
to:
 A sole proprietorship
 Partnership (limited or general)
 Holding company
 Joint venture
 Corporation
 Business trust or other entity, which may be publicly or privately owned

30. Required investment
1. In general, the minimum qualifying investment in the U.S is $ 1 million
dollars.
2. If investment is made in a targeted employment area (either a rural
area or with 150% unemployment rate), required minimum is $500,000.

31. What can constitute investment?
Capital can be composed of cash, equipment,
inventory, other tangible property, cash equivalents
and indebtedness secured by assets owned by the
alien entrepreneur.
Provided that assets of the new commercial
enterprise upon which the petition is based are not
used to secure any of the indebtedness.

32. 4. Asylum
U.S grants protection to people who are fleeing persecution or fearing of being persecuted
in the countries of their residence on the basis of:
1. Race
2. Religion
3. Nationality
4. Membership in a particular social group
5. Political opinion

33. Process of Seeking Asylum
 An Asylum seeker must file an application for asylum
and withholding of removal, within ONE YEAR FROM
THE DATE OF ENTRY TO THE U.S. (there are limited
exceptions to this rule)
 An Asylum seeker may include a spouse and children
who are under the age of 21 who are present in the U.S.
in his/her petition.

34. Applicants whose family is not in the U.S
 If asylum is granted, then he/she can petition for
the spouse and children who are outside the U.S.
 must file a petition for Refugee/ Asylee
Relative Form.
 must file within TWO YEARS after being
granted Asylum unless delayed due to
humanitarian reasons.

35. Working in the U.S
An asylum applicant may apply for a work
authorization in the U.S. if
 more than 150 DAYS have passed since the date
of filling the application and this delay was not
caused by the applicant.
 no decision has been made on the application

36. 5. IMMIGRANT DIVERSITY VISA
PROGRAM
 Known as a “Green Card Lottery”
 Once a year U.S. publishes a list of countries, which
citizens can participate in a lottery.
 Those are countries with historically low rates of
immigration to the United States.
 The lottery takes place once a year

37. Requirements
The requirements are simple but strict:
1. The applicant must either be born in one of the eligible countries
2. The applicant must have a high school education or work experience
for at least 2 years in the occupation that requires a two-year training
3. The applicant must satisfy the basic immigration requirements such
as no criminal record, good health, etc.
4. In some cases: the applicant may apply based on the country of birth
of his/her parents or spouse

38. Information required for processing
1. Full Name
2. Date of Birth
3. Gender
4. Country of Birth
5. Country of Eligibility for Diversity
Visa
6. Entry Photograph – Individual
photos, family photos not
accepted.
7. Mailing Address
8.Country of Current Residence
9.Phone Number
10.Email
11.Highest Level of Education or
Work experience
12.Martial Status
13.Spouse Information
14.Number of Children
15.Children's information

39. Fee Structure
 There is no charge for the electronic download
and electronic entry of the form.
 Only if and after the application is selected from
the randomized computer lottery, the applicant
must pay applicable visa fees.

40. Process
 Diversity Visa form is also known as Lottery visa can be
filled and submitted online only.
 An Applicant can fill entry more than once, failing
which the entry will be disqualified.
 Any incorrect or incomplete entry or form by the
applicant may be disqualified.

41. Questions?

42. The Law firm of Ekaterina Mouratova, PPLC
222 Broadway, 19 Floor
New York, NY 10038
Tel.: (212) 203-2406
Fax: (212) 279-9743
Email: info@mouratovalawfirm.com
www.mouratovalawfirm.com
http://nystartuplawcenter.com