Are you eager to know about immigration to USA from India? Applying for an immigrant visa plays a very crucial role for individuals looking to live permanently and/or be able to work in the United States of America.
Immigrant visas, which are also known as Green Cards, give foreign nationals the infinite right to work and live permanently in the US without being restrained by any particular employer. You will receive every same right and obligation as a US citizen. But you will not be granted the right to vote or to serve on a jury in court. You cannot even stand for elective or government offices.
You can obtain a Green Card under the below-mentioned categories. Keep in mind that there are different ways for obtaining a Green Card.
Employment-Based Categories
Those individuals who enter America for the job - or investment-related reasons are one of the three foremost immigrant groups in the country. Foreign nationals can immigrate to the US on a permanent basis with an EB Visa (short for Employment-Based Immigrant Visa). Immigrant workers can avail around 140,000 employment-based visas each year by United States Citizenship and Immigration Services (USCIS).
The individual qualifications of applicants applying for a Green Card are crucial to whether an application is approved. Unlike non-immigrant visas, employment-based immigrant visas give applicants the foundation to apply for legal permanent residency in the US. Once foreign nationals have lived legally in the United States for five years, they may apply for US citizenship. Hence, foreign nationals, their children, and their spouses may find eligibility for working and living in the US permanently. This is when they qualify for one of five employment-based visa categories.
There are five EB visa categories, including:
- Employment First Preference (EB-1 Visa)
- Employment Second Preference (EB-2 Visa)
- Employment Third Preference (EB-3 Visa)
- Employment Fourth Preference (EB-4 Visa)
- Employment Fifth Preference (EB-5 Visa)
The processing time for the above-mentioned categories differs on a case-by-case basis. They can be segregated into five Green Card categories.
EB-1 VISA- PRIORITY WORKERS
For individuals that enhance the national interest of the United States
- EB-1A visas These visas are for those individuals with extraordinary ability in diverse fields, including arts, science, business, education, or athletics. EB-1A applicants should have enough evidence displaying that they have attained extensive acclamation for what they have achieved and their expertise as well.
- EB-1B visas These visas are for researchers and professors who have attained excellence in their respective fields. Other than having global recognition, applicants with this immigrant visa must have at least three years of research or training. They should come to the US to pursue tenure.
- EB-1C visas Multinational executives or managers can benefit from an EB-1C visa. Applicants with this visa must have been hired by the overseas branch, subsidiary, or affiliate of the prospective employer in America in an executive or managerial role for at least one of the prior three years.
EB-1 priority worker visas account for 28.6 percent of every employment-based visa each year. These visas seldom surpass their allotted amount and, consequently, the category hardly becomes accumulated.
EB-2 VISA-ADVANCED DEGREES/EXCEPTIONAL ABILITY
For individuals with special skills/qualifications
- Professionals with an advanced degree or a baccalaureate degree and progressive experience (at least five years) are eligible for the EB-2 visa.
- Professionals with exceptional ability should have a degree of proficiency considerably above the ordinary.
- Foreign nationals looking for a national interest waiver must exhibit that his/her US immigration will prove beneficial for the economy, cultural, or educational interests prospectively, or wellbeing of the country because of his/her excellent skill in the arts, science, or business.
Around 28.6 percent of employment-based visas are reserved for applicants with EB-2 visas. It is due to oversubscription that applicants from India and China are backlogged in the EB-2 category.
EB-3 VISA-SKILLED WORKERS, PROFESSIONALS, AND OTHER WORKERS
For academics, competent professionals, and other employees
- Professionals are those individuals whose occupation requires no less than a four-year college or university degree
- Skilled workers are individuals who have two years of job training or work experience
- Unskilled workers are individuals who will non-seasonal occupations requiring no less than two years of job training or work experience.
It is important for all EB-3 applicants to obtain Labor Certification with the US Department of Labor (PERM). With EB-1 visas and EB-2 visas, 28.6 percent (of all employment-based visas) are reserved for another category i.e. the EB-3 visa. There is a substantial backlog of visas for EB-3 applicants.
EB-4 VISA-SPECIAL IMMIGRANTS INCLUDING RELIGIOUS WORKERS
EB-4 is for special immigrants and employees of churches / religious communities. Employment Fourth Preference visas are chosen for special immigrants. The majority of these visas are allocated to spiritual workers. As well, these visas are designated for Afghan or Iran translators, military members, physicians, broadcasters, Panama Canal Zone employees and international organization workers, Iraqis who have assisted the United States, and retired NATO employees. Around 7.1 percent of all worldwide employment-based visas are reserved for EB-4 special immigrants. EB-4 visas are not utilized much and their quota is barely met. In reality, a lot of EB-4 visas are allocated to other employment-based visa categories when the fiscal year comes to an end just to ensure that they are not lost.
EB-5 VISA - IMMIGRATION INVESTOR PROGRAM
Employment Fifth Preference visas (EB-5) are allocated to foreign investors. Candidates with this visa must make a capital investment of $900,000 or $1.8 million in an American business entity, creating at least 10 full-time jobs. The mandatory depends on where the American firm receiving the investment is located. EB-5 investors have the option to make an investment in business entities known as regional centers. These centers receive USCIS designation to handle EB-5 investment projects. The USCIS reserves 10,000 visas for EB-5 candidates each year. Of these visas, 3,000 are reserved for foreign nationals who choose to invest in the EB-5 religion category.
List of Documents You Require for USA PR from India
Below is a list of required documents you need for a US Visa:
- Proof of your professional degree –Bachelor’s, Master’s, or Doctorate)
- State License (if applicable)
- CV or Resume
- Job letter from an employer in the United States
- Proof you meet the necessary qualifications – diplomas and certifications
- Letter from prior employers
- Proof that you have amazing abilities
- Additional fees, etc.
Family-Based Categories
US immigration laws permit some non-citizens (family members of US citizens and legal permanent residents) to get a Green Card (becoming a legal US citizen) based on specific family relationships. If you are a spouse, a minor child, or a parent of an American citizen, kindly see the Green Card for Immediate Relatives of US Citizen page to know more about "How to apply for a Green Card."
Other family members, who are eligible to apply for a Green Card, are depicted in the below-mentioned family "preference immigrant" categories:
- First preference (F1) - US citizens' unmarried sons and daughters (21 years of age and older)
- Second preference (F2A) - Spouses and children (unmarried and under 21 years of age) of legal permanent residents
- Second preference (F2B) - Unmarried sons and daughters (years of age and older) of legal permanent residents
- Third preference (F3) - Sons and daughters of US citizens who are married
- Fourth preference (F4) - Brothers and sisters of US citizens (if the citizen of the country is 21 years of age and older).
Family reunification through the 'Green Card' process is one of the traditional reasons for immigration to USA from India. Other than the close relatives of US citizens and Green Card holders, even spouses have a great opportunity to qualify for an immigration category by marriage.
The individual procedures are subject to relatively serious restrictions and are differentiated by significantly varying waiting times before the candidate is granted a Green Card.
1) U.S. CITIZENS' RELATIVES OR SPOUSES The citizens of the U.S. can apply for their close relatives' entry under certain conditions. These applications are usually segregated into two categories.
2) GREEN CARD HOLDERS' RELATIVES OR SPOUSES Close family members of Green Card holders are allowed to immigrate to the country.
Diversity Visa Program
The Diversity Immigrant Visa Program (DV Program) comprises 50,000 immigrant visas available each year. These visas are drawn from random selection among all entries to people who belong to nations with low rates of immigration to USA from India. The DV Program is managed by the US Department of State (DOS).
The majority of lottery winners live outside the US. They choose to immigrate through consular processing and issuance of an immigrant visa. Make sure you visit the US Department of State (DOS) website if you want to learn more.
The simplest way to obtain a Green Card is through the Green Card lottery. The government of the United States allocates 55,000 Green Cards each year, which is part of the Diversity Visa Program. Needless to say, a good deal of luck is required. Nonetheless, for a lot of individuals, this option is the only way to make their dream of living in the United States come true. Many Green Cards have been awarded to participants from German-speaking nations.
Eligibility Criteria
For any applicant to adjust status under the DV (Diversity Immigrant Visa) program, you need to establish that you:
- Have been chosen for a diversity visa by DOS's lottery.
- Have an immigrant visa right away available at the time of filing an adjustment application (Form I-485, Application to Register Permanent Residence or Adjust Status)
- Are permissible in the U.S.
Application Process and Supporting Evidence
For obtaining a Green Card, ensure that you file Form I-485.
Supporting evidence for Form I-485;
Submit the below-mentioned evidence with your Form I-485:
- Two passport-size photos
- A birth certificate copy
- Form I-693, Report of Medical Examination and Vaccination Record
- Copy of the page of the passport, with the nonimmigrant visa (if applicable)
- Copy of the page of the passport, with admission (entry) or parole stamp (if applicable)
- Form I-94, Arrival / Departure Record
- Certified copies of court records (if the person has been detained)
- Receipt copy from DOS for the diversity visa lottery processing fee
- Form I-601, Application for Waiver of Grounds of Inadmissibility (if applicable)
- Appropriate fees
When you work with Oasis Resource Management for immigration to USA from India, you can rest assured that your immigration case is in reliable hands. We can turn your American dream into reality, making you enjoy luxury and comfort to the fullest when you gain US residency. Use our unmatched services to make it to the top.
