Am I Eligible to Immigrate to the US?

USAResourcesLiving in the US

Determining if you are eligible to immigrate to the US is the first step of your immigration process. There are four main ways that you can seek to immigrate: Family, Job Offer, Investment or School Acceptance letter. Each category has different eligibility requirements and you need to meet the requirements exactly in order to immigrate to the US. However, there are certain requirements that are standard across the different immigration types. These include meeting the Criminal eligibility requirements and health requirements. For criminal eligibility, you must show that you do not have a criminal record. If you do, you would need to apply for a waiver before qualifying for immigration. For the health requirements, if you are immigrating from certain countries you are required to provide a health exam taken in your home country.

Family

Family based petitions allow for immigrants to immigrate based on their familial relationships with people already living in the US to apply for Green Cards. In order to be eligible for this type of immigration you must meet one of the following criteria:

1. You are the Immediate Relative of a US Citizen.
   1. Spouse
   2. Unmarried child under the age of 21
   3. Parent of a US citizen over the age of 21.
2. You are related to a US Citizen or a lawful permanent resident. 
   1. If you are related to a US citizen, you are:
      1. Unmarried son or daughter over the age of 21
      2. Married son or daughter
      3. Brother or sister and your US citizen sibling is over the age of 21
   2. If you are related to a Lawful Permanent Resident, you are:
      1. A Spouse
      2. The unmarried child under the age of 21
      3. The unmarried son or daughter over the age of 21
3. You are the Fiance of a US Citizen or the Fiance’s child.
4. You are a Widow(er) of a US Citizen. 
5. You are the victim of battery or extreme cruelty at the hands of a US Citizen. 
   1. You are the abused spouse of a US citizen or a lawful permanent resident OR
   2. You are the abused child (under 21 and unmarried) of US citizen or a lawful permanent resident OR
   3. You are the abused parent of a US citizen

If you meet the criteria outlined above, you are eligible to apply for family immigration to the US.

Job Offer

The US is committed to hiring the best talent around the world to work in the US. There are non-immigrant work visas in which you are able to work in the US for a specified period of time but you then must return to your home country. However, the requirements below are for immigrants who wish to apply for their green cards.

1. EB-1 (First Preference) 
   1. Extraordinary Ability: You must be able to demonstrate extraordinary ability in your field. You do not need to have an employment offer but you must meet three of the following:
      1. Documentation of nationally or internationally recognized prizes or awards.
      2. Membership in associations in your field that require outstanding achievements of their members in order to join.
      3. Evidence of published work.
      4. Documentation that you have been asked to serve as the judge of other work in your field.
      5. Evidence that your original contribution had major significance to your field.
      6. Documentation of your authorship on scholarly articles in publications related to your field.
      7. Evidence that your work has been shown in art exhibits or showcases.
      8. Evidence of your performance in the leadership of organizations.
      9. Evidence that you earn a high salary or significantly higher than your field’s average salary.
      10. Evidence of your commercial success in performing arts.
   2. Outstanding Professors and Researchers: You must be able to demonstrate that you have received international recognition for your achievements in your academic field. You must also have at least 3 years experience and you must be entering the US in order to pursue advancement in an academic career. You will need to have a job offer and meet two of the following criteria:
      1. Documentation of awards or prizes won for your academic achievement.
      2. Membership in associations in your field that require outstanding achievements of their members in order to join.
      3. Documentation of published material in professional publications in your field.
      4. Documentation that you have been asked to serve as the judge, either on a panel or individually, of other work in your field.
      5. Original contributions to your research area.
      6. Documentation of authorship of scholarly books or articles in scholarly journals in your field.
   3. Multinational Manager or Executive: You must have been employed outside of the US for 3 years proceeding your application and have been employed for at least 1 year by a company or firm with which you are going to be working for in the US. Your work for that company or firm must include managerial or executive level work.
2. EB-2 (Second Preference) 
   1. Advanced Degree: You must apply for a job that requires an advanced degree that you possess or that you can substitute a bachelor degree with 5 years of work experience in the field for.
   2. Exceptional Ability: You must meet three of the following to demonstrate that you have an exceptional ability in a specific area.
      1. An academic record showing that you have qualifications in your related field.
      2. Letters documenting at least 10 years of full-time work in your field.
      3. A license to practice your profession or certification for your profession.
      4. Evidence that your salary is representative of your exceptional ability.
      5. Membership in related professional organizations.
      6. Recognition for your achievements from peers, governments, or organizations.
      7. Other evidence which can demonstrate that you command exceptional skill in your field.
3. EB-3 (Third Preference)
   1. Skilled Workers: You will need to demonstrate at least two years of job experience or training and be performing work that cannot be completed by a US citizen.
   2. Professionals: You will need to demonstrate that you hold a Bachelor degree in a relevant field and that you are performing work that cannot be completed by a US citizen.
   3. Unskilled Workers (Other Workers): You must be able to perform unskilled labor that is not seasonal or temporary and demonstrate that this does not work that could be completed by a US citizen.

Investment

Investing in the US can be a great way to immigrate to the US. This type of immigration is done with an EB-5 visa. You are eligible for this type of visa if you have previously or are in the process of investing $1 million (of $500,000 in specified employment areas) in new business ventures. You must also plan to create or maintain at least 10 full-time jobs in the US.

School Acceptance Letter

Although studying in the US does not automatically lead to immigration, individuals who have studied in the States are able to apply for work visas and ultimately, Green Cards if they wish. In order to be eligible to study in the US on a visa, you need to meet the following criteria:

1. Be enrolled in a full time academic, language or vocational program.
2. Be attending a school that is approved by USCIS.
3. Be proficient in English or be enrolled in a program that will teach English proficiency.
4. Have sufficient funds to support your entire time in the US.
5. Have a residence abroad that you can return to at the end of your course.

Are You Interested in Immigrating to the US?

If so, Contact VisaPlace today. All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals, and consultants who work for Niren and Associates an award-winning immigration firm that adheres to the highest standards of client service.

Ready for the next step? Book your 1 on 1 consultation now or call us at 1-877-296-0874.

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VisaPlace Immigration News Contributor

Ella Bergquist

Hello! I am one of VisaPlace's many immigration news contributors. Comment below if you have any questions or comments about this article.