Schedule an immigration law consultation to let us walk you through the intricate steps of marriage-based green card, from filing the petition to the immigration interview, which is the last and most important step for the beneficiary, aka foreign-born individual, being sponsored by their US-based spouse, petitioner, and sponsor.

We dedicate today’s blog to some useful marriage immigration interview tips to ensure a green card at the end of the line.

Revisit the Submitted Documents Before the Interview

You are usually called in for your biometrics and interview after the following steps are completed:

• The US-based spouse submits the I-130, Petition for Alien Relative, and completes the I-130 package (provides supporting documents to establish a relationship with the beneficiary);
• The beneficiary applies for an adjustment of status if they are present in the US at the time or consular processing if they aren’t in the US at the time of the filing of the marriage-based petition.

During these two steps, you and your petitioning spouse must file several documents to prove your marriage is real, financial status, and health status and reveal other details of your life to the USCIS (US Citizenship and Immigration Services).

Needless to say, the process involves lots of paperwork, not to mention the many questions you and your spouse must answer in the forms.

Although these forms contain many mundane and seemingly unnecessary bits of information, the beneficiary and petitioner must revisit all tax returns, places of residence, employment histories, and what have you before the immigration interview to ensure their answers align with everything a USCIS officer sees in the documentation.

Consistency is the key to a successful interview, and the road, although tedious, ends in a permanent status in the US.

Discuss the Details of Your Relationship with Your Partner

People have different impressions of subjective experiences, such as how they saw their partner during the various stages of their relationship, how they proposed, how the family perceived their relationship, how they spend their downtime together, and so on.

You may assume certain things about your relationship that your partner may or may not agree with and vice versa. The smallest details of your life together may be scrutinized during the interview.

Communication is important in the days leading up to your interview. Spend some time in your spouse’s physical or virtual presence and review the facts and circumstances of your relationship. Get your story straight before you’re asked to share it during your immigration interview.

Dress the Part and Arrive Early

Dressing for an immigration interview is no different from doing so for a job interview. When in doubt, dress professionally and conventionally.

It’s the time for conservative button-downs, safe slacks, and sleek footwear. It’s also a good idea to avoid things that draw attention away from the purpose of the interview. All that can wait until you’re in the country.

Set out your clothes, jewelry, and other accessories the night before so that you can arrive at the USCIS local office early, avoid unnecessary stress, and look the part of someone who’s committed to the application process.

Stay Calm, Confident, and Respectful

Take a deep breath before entering the USCIS interview room. It will help you stay calm as you enter the room and maintain it even if the officer’s style of questioning is intimidating and nerve-wracking.

It’s rare for them to come across that way, but it’s entirely possible, seeing as their job involves verifying the legitimacy of your relationship. Remember not to take it personally, maintain eye contact, and answer the questions as clearly and concisely as possible. It’s okay to be a little nervous, given the gravity of the situation.

If you don’t understand a question, don’t hesitate to ask for clarification. It’s better to seek clarity than to provide incorrect information.

Lastly, refrain from rude retorts, outright confrontations, and emotional outbursts, as that could end the interview immediately, and you’ll have your answer right there and then.

If you felt that the USCIS officer was unnecessarily rude or offensive, bide your time, finish the interview, and report them for misconduct after the fact.

Don’t Provide Incorrect Information or Outright Lie During Your Immigration Interview

A lie won’t end your interview as quickly as a rude confrontation, but it will result in rejection. Never lie or provide incorrect information to a USCIS officer. They could charge you for fraud or willful misrepresentation.

If you don’t know the answer to a question or are unsure, it’s better to be honest than give them a reason to think you are intentionally trying to misrepresent a material fact for a green card.

Along the same lines, try not to predict your spouse’s answers if they are not in the same room. Just provide answers from your perspective or say you don’t know.

Hire an Immigration Lawyer

If you have concerns about your interview or need personalized guidance, consider seeking legal advice from an immigration attorney. They can provide expert insights tailored to your specific situation. An attorney can prepare you for the interview with mock interviews, review of the case and evidence submitted, and anticipate issues along the way.

Contact with IBP Immigration Law, an immigration law firm founded by Ingrid Borges Perez, Esq., an immigration lawyer who has years of experience in immigration law and marriage-based green cards. When it comes to marriage-based immigration of all types, it is better to do it right the first time. Denials are expensive and can take a significantly longer to correct errors

Get in touch for questions and concerns regarding our firm’s immigration services.

The Importance of Permanent Residency in the US

Before we start doling out the pathways to permanent residency, let’s take a moment to discuss the importance of this status. Not everyone in the US has a green card, a document alluding to their permanent status there.

Possessing such a document would mean an individual has the right to live and work in the US for as long as they want. They don’t have the same rights as US citizens, but the document is a stepping stone from LPR status and naturalization.

A green card gives you access to education, employment, and social services necessary for acclimatization in a new country. It’s a significant milestone and can lead to more significant milestones in your quest for a better life.

The Family-based Categories for Permanent Residency in the US

Getting a green card through family sounds simple enough. There are two primary pathways for US citizens and LPRs to sponsor family members: Immediate relatives and family preference categories.

Immediate Relatives: Reuniting Loved Ones

The US immigration system prioritizes the immediate family members of US citizens reunite families as soon as possible. Thus, the immigration system does not cap the number of visas available for this category.

It involves the following immediate family members:

• Spouses: Spouses of US citizens qualify for marriage-based immigration, a petition we shall discuss in more detail later;
• Unmarried Children: Any unmarried children of US citizens under 21 qualify for a green card as immediate family members;
• Parents: Parents of US citizens who are 21 or above can sponsor their legal parents for a green card.

Family Preference Categories: A Broader Spectrum

Family preference immigrant visas are divided across four, technically five, categories based on the characteristics of the petitioner and the legal status and age of the sponsored family member.

This category encompasses the broader spectrum of familial connections. Although well-intentioned, these petitions can take years and even decades to process and approve.

The family preference categories are as follows:

• First Preference (F1): The unmarried children of US citizens who are 21 or above;
• Second Preference (F2A): The spouses and unmarried, minor children of LPRs;
• Second Preference (F2B): The unmarried children of LPRs who are 21 or above;
• Third Preference (F3): The married children of US citizens and any children under 21 the former might have;
• Fourth Preference (F4): The siblings of US citizens, the latter being 21 or above.

The Journey to Permanent Residency in the US: Family-based Immigration Petitions

The path to obtaining a green card through family involves several stages and adherence to a well-defined application process.

The first step is filing an immigration petition with the US Citizenship and Immigration Services (USCIS)., which the sponsoring family member must do. They must be an LPR or US citizen.

As soon as the petition is approved, they establish a relationship with the beneficiary, aka the family member(s) they hope to bring to the US.

Below are the types of immigration petitions the sponsor can file. We can, of course, provide immigration law consultations to help you through all of these petitions.

• Marriage-based Petitions
  US citizens and LPRs can sponsor their spouses for permanent residency in the US. They must file Form I-130, Petition for Alien Relative. It is here that they, meaning the petitioner, must prove their marriage is real, establishing the grounds for marriage-based immigration of their foreign-born spouse.

The spouse, or beneficiary, is considered an immediate relative if the petitioner is a US citizen. They are forgiven for certain immigration violations, like overstaying their non-immigrant visa or working when said visa doesn’t allow them such a right.

Conversely, the spouse of an LPR or green card holder does not fall under the immediate relative category. They instead fall under the F2 preference category, meaning they don’t get the same benefits as the immediate relatives of a US citizen.

• Petitions for Parents
  You can petition to have your biological or stepparents relocate to the US. If you’re a US citizen, your parents will be considered your immediate relatives. They will have the same benefits as the ones mentioned for the spouses of US citizens.

While this category is technically without an annual cap, it is reserved only for the parents of US citizens who are 21 and above. There is no preference category for the parents of LPRs.

• Petitions for Children
  As a US citizen, you can petition for the permanent residency of your minor children, adult unmarried/married children, and any minor or adult stepchildren whose parent you married before their 18th birthday.

While children under 21 are considered immediate relatives, adult children (21 or above) are not. Therefore, they do not have many benefits (no caps, overstaying their non-immigrant visa, etc.) granted to immediate relatives. They might be subjected to a longer wait time due to the annual cap on preference categories.

The preference categories for children of US citizens and LPRs are as follows:

• First Preference (F1) for the adult, unmarried children, biological or otherwise, of US citizens;
• Second Preference (F2A) for the minor children, biological or otherwise, of LPRs;
• Second Preference (F2B) for the adult children, biological or otherwise, of LPRs;
• Third Preference (F3) for the adult, married children, biological or otherwise, of US citizens.

• Petitions for Siblings
  US citizens can petition for siblings under the Fourth Preference (F4) category. As the last preference, these petitions have the longest wait times. Significant backlogs exist, and your biological or step-sibling might have to wait 12–15 years before reuniting with you.

Unfortunately, there are no pathways to permanent residency for the siblings of green card holders, aka LPRs.

• Fiancé(e) Visa
  US citizens can sponsor a fiancé(e) born in a foreign country for a K-1 visa. It is a non-immigrant visa, but it serves as a stepping stone to permanent residency in the US.

Once your partner is granted this entry permit, they must fly or sail to the US and marry you within 90 days of arrival. Your foreign-born partner can then apply for permanent residency in the US with the Department of Homeland Security. They must meet some conditions reserved for immigrant visas to qualify for a K-1 visa and the subsequent adjustment of status.

What Comes After Filing an I-130 Petition?

After the petition filing comes the priority date, adjustment of status or consular processing, and interview. The beneficiary must undergo all these steps before arriving in the US or achieving permanent status during their stay.

Below is a preview of these post-petition steps.

• Priority Dates
  Since green cards have annual limits, each family-based immigration petition is assigned a priority date. The Department of State publishes a monthly visa bulletin displaying the availability of green cards for all preference categories. Petitioners and beneficiaries can track their application progress by priority date and preference category.
• Adjustment of Status
  If the beneficiary is in the US on a non-immigrant visa when the petition is filed, they may apply for an adjustment of status. After filing Form I-1485, they can become a permanent resident after their priority date becomes current—earlier than the cut-off date listed in the monthly bulletin.
• Consular Processing
  Conversely, if the beneficiary is away from the US, they must undergo consular processing at their nearest US embassy or consulate for an immigrant visa.
• The Journey to Interviews
  Once your priority date is current, the consulate or embassy will schedule you for a biometrics appointment and interview. They will thoroughly examine your eligibility and familial relationship and decide whether to grant you an immigrant visa.
• Receive Your Green Card
  Once the immigrant visa is granted, the beneficiary will receive a “Visa Packet” that they cannot open. They must pay a USCIS immigrant fee so that the USCIS can process this packet and produce their green card.

After getting their green card, the beneficiary can enter or stay in the US as a permanent resident.

Considerations for the Application Process

Securing permanent residency in the US through familial connections comes with plentiful rewards. The beneficiary can live, work, and study in the US without worrying about overstaying their visa. They can access healthcare insurance, social services, and public education and even apply for US citizenship.

That said, as a beneficiary or petitioner, you must remember the following before starting the application process. Think long and hard about whether the rewards of permanent residency are worth experiencing the following hiccups.

• Green Card Backlogs: Family preference categories have annual quotas, whereas immediate relatives are not beholden to numerical limits. The higher up the preference chain you belong, the shorter your wait time and vice versa. The reason for the lengthy wait: A backlog of all those who applied before you;
• Extensive Documentation: Due to the rise in fraudulent green card marriages, the application process requires extensive documentation to establish the authenticity of the relationship and the eligibility of both the petitioner and beneficiary;
• Grounds for Denial: The USCIS may deny your application due to criminal records, health issues, lack of necessary vaccinations, substance abuse, etc. Ensure the beneficiary doesn’t come under these inadmissibility factors before filing the petition;
• Financial Criteria: Petitioners might be required to meet certain financial obligations to prove they can support the beneficiary.

Seek Legal Advice and Guidance for a Smooth Process

Given the complexity of the immigration process, especially regarding the documentation, requirements, and eligibility criteria, seeking legal guidance is highly advisable. Immigration lawyers and professionals with expertise in family-sponsored permanent residency can provide valuable assistance.

They understand the intricacies of these immigrant visas and can help ensure accurate documentation, navigate potential roadblocks, and streamline the entire process. Are you worried about the above hurdles to permanent residency in the US? Don’t think twice before seeking legal advice at IBP Immigration Law.

Avail Green Card Application Assistance Online

Family-sponsored permanent residency is a crucial part of the US immigration system. It is the cornerstone of family reunification and a promising future for our country. Through immediate relatives and family preference categories, individuals can receive the prized green card that has been the ticket to a bright future for entire generations.

Although the journey involves challenges and waiting periods, the opportunity to create a fresh chapter with loved ones on American soil inspires and motivates immigrants from around the globe.

Does it inspire you enough to settle down in the US? Schedule an immigration law consultation with Ingrid Borges Perez, Esq., an immigration lawyer who has aided many petitioners and beneficiaries in three languages.

Contact us for further assistance and information regarding the process of legal immigration consultations.

Outdated laws are only a small factor in a system marred with shortcomings that hinder its effectiveness and fairness.

Today’s blog comprehensively reviews the US immigration system, particularly its problems and potential solutions.

The Problem: An Inherently Drawn Out and Complex Process

One of the most pressing issues contributing to our current green card backlog is the lengthy and intricate motions applicants are asked to undergo. The wait time for visa approvals is 5-7 working days, with two additional days for delivery.

Green card and citizenship applicants are subjected to further wait times, adding to their frustration, anxiety, uncertainty, and insecurity.

The complex bureaucratic procedures deter eligible candidates from pursuing legal pathways to immigration, and many are forced to enter the country through unauthorized means. We already know the detention conditions for undocumented immigrants, but there wouldn’t be a need to detain them if the system provided more paths towards lawful immigration.

The Solution: Streamlining the Process

There are many avenues to streamline family- and employee-based immigration and reduce the green card backlog, killing two birds with one proverbial stone.

The immigration system could accelerate document processing by using technology. Faster communication between one department and another could also cut the application time by half.

It also bears noting that the lack of funding exacerbated the immigration caseload after the pandemic. USCIS is funded by applicants and petitioners, not by taxpayers. Unfortunately, it has yet to reflect on the caseload, which remains as severe as ever.

The Problem: Decades-Long Wait Times for Family-based Immigration Applicants

Green card holders sponsoring family members, particularly unmarried children, from heavily populated countries have been in the backlog since as far back as 2001. The separation has resulted in missed milestones and even led to a family member’s death from the petitioner or beneficiary’s side before reuniting with their loved ones.

The Solution: Revise the Policies

There’s an urgent need to revisit family-based immigration policies, starting with expanding annual visa quotas for these categories. Addressing the annual limits individually for different countries or removing them altogether could alleviate the backlog. It would also allow families to reunite sooner.

The Problem: The Stringent Eligibility Criteria for Family-based Immigration

The current US immigration system prioritizes immediate relatives—spouse, minor child, or parent—of US citizens.

Apart from immediate relatives, who remain the priority, the remaining family-based immigration applicants are divided into the following preference categories:

• First Preference (F1): The unmarried children of US citizens who are 21 or above;
• Second Preference (F2A): Spouses and the minor, unmarried children of lawful permanent residents;
• Second Preference (F2B): Unmarried children of lawful permanent residents aged 21 or above;
• Third Preference (F3): Married children of US citizens;
• Fourth Preference (F4): Siblings of US citizens, with the latter being 21 or above.

The problem with the above list is obvious: If you aren’t directly related to a permanent resident or US citizen, you don’t qualify for a green card through family.

The Solution: Expanding the Definition of Family-based Immigration

Once the backlog issue is resolved, it should be easier to expand what qualifies as “family” in the US immigration system. It should reflect the evolving nature of familial relationships in modern society.

At the very least, family-based immigration should bring extended family members into the fold. Interpretations of “family” can be integrated into the definition much later.

The Problem: The Limitations of the H-1B Visa Program

The H-1B Program is a special immigration category reserved for highly-skilled foreign workers. It has faced criticism for its limitations and abuse. Some instances include:

• Underpaying workers;
• Laying off local workers to hire underpaid non-American staff;
• Forcing local workers to train their replacements.

Even without the abovementioned points, the program ties H-1B visa holders to their sponsoring employers, creating a power dynamic that enables worker exploitation and limited job mobility.

To make matters worse, the annual cap on H-1B visas is often exhausted within days, making it a challenging route for deserving applicants.

The Solution: Redressing the Power Imbalance

Enhancing the H-1B visa program’s integrity involves exploring avenues for reducing employer dependence. Allowing visa holders greater job mobility and the freedom to switch employers without jeopardizing their status would empower foreign workers and prevent exploitation.

On the US workers’ end, the system could introduce a reward program for foreign workers, incentivizing them to report forced training and unfair dismissals.

Lastly, revising the cap allocation system to prioritize high-demand industries instead of putting a one-size-fits-all limit on everything and reducing dependency on the lottery system could make the program more effective.

The Problem: The Shortcomings of the Diversity Visa Lottery

The Diversity Visa, or DV, Lottery program promotes diversity and provides opportunities for individuals from underrepresented countries. However, it has faced criticism for its randomness and potential security risks.

Even more concerning is the fact that a program that claims to be diverse excludes applicants from certain countries because the US saw an influx of more than 50,000 natives in the last five years from these nations.

While the exclusion intends to give individuals from other countries a higher chance of getting a green card and increase diversity, it doesn’t account for individual populations or the socioeconomic conditions that might force individuals to flee their homeland.

The Solution: Make Everything Less Random

Strengthening the DV program could address the criticism that it is too random. It could involve implementing rigorous security checks and vetting procedures to ensure that only eligible and legitimate applicants are selected.

Additionally, considering a point-based system that evaluates an applicant’s skills, education, language proficiency, and other factors could enhance the program’s effectiveness while maintaining its diversity-focused goals.

As for excluding countries from participating in the DV program, addressing the quota issue could solve that problem. If more individuals are granted green cards through family and employers, they won’t have to consider alternate avenues like these programs.

The Problem: Lack of Clear Pathways for Undocumented Immigrants

The decline in the unauthorized immigrant population does not mean the US immigration system has started providing undocumented immigrants more pathways to citizenship. It just indicates stringent measures at the borders.

The absence of clear pathways for undocumented immigrants to adjust their status and contribute legally to society remains a significant drawback of the US immigration system. This situation doesn’t always lead to a happy resolution, as shown in the movies and TV shows.

In the real world, it creates vulnerable populations susceptible to exploitation and limited access to basic rights and resources.

The Solution: Creating a Path to Citizenship

The American Immigration Lawyers Association has been working hard to advocate for a path to legalization for undocumented immigrants and those without permanent status.

Most of these immigrants have established roots in the US, have no criminal record, and contribute positively to their communities.

Creating paths to legalization would acknowledge undocumented immigrants’ economic and social contributions and align with the principles of fairness and compassion.

It would also reflect the diversity-leaning approach the US immigration system has taken recently.

The Problem: Failure to Retain International Graduates

Did you know that Canada offers postgraduate work visas to international graduates? Did you know these permits could be turned into permanent residency visas? Australia and the UK also provide many pathways for students to stay and work in their countries long after their students are supposed to have expired.

Conversely, the US lacks a clear pathway for students to continue staying and start working in the country after graduation. As a result, our country loses out on the talent we helped cultivate with our education system.

The Solution: Create Postgraduate Work Opportunities

The first and most obvious solution to this problem is implementing a clear pathway from student visas to work visas for international graduates.

The second is creating postgraduate work opportunities for these students. The US immigration system could extend Optional Practical Training (OPT) periods to all student visa types. The US currently reserves this opportunity for F-1 students.

The third option could be incentivizing employers to hire international graduates so they would be highly motivated to keep them within the US.

The Problem: Limited Employment-based Immigration Quotas and Categories

The US immigration system might end up issuing 197,000 work visas this year. While this sounds like a lot, it’s not much in the global context.

The system offers limited visa quotas and categories, often failing to accommodate the diverse skill sets required by the evolving job market. The allocation of visas under these constraints can lead to a backlog of applications and a struggle for employers to secure the talent they need.

The Solution: Adjusting Visa Quotas to Market Demands

Word on the street is that the immigration system regularly assesses green card stats for different countries to ensure diversity.

Similar regular assessments of labor market needs can inform adjustments to visa allocations for various skill levels and industries. By reflecting the demand for specific skills, the system can prevent shortages and align with the dynamic nature of the job market.

Although categories like EB-1 extraordinary ability visa and EB-3 skilled worker visa help distinguish employees, they are limited by quota constraints. It would be nice to have separate quotas for these categories to better meet market demands in the future.

The Problem: Lack of Pathways for Low-Skilled Workers

The current US immigration system favors high-skilled immigrants, making low-skilled workers a third preference for employment-based immigration. This leaves them with limited pathways for legal entry. This discrepancy often results in a reliance on unauthorized labor, leading to exploitation and unfair treatment of vulnerable workers.

The lack of avenues for workers who don’t have a college degree also creates a vacuum in our low-paying, physically demanding industries where understaffing has reached an all-time low.

The Solution: Raising Quotas for Low-Skilled Worker Visas

It’s time for archaic laws that limit the entry of low-skilled workers in the US to give way to amendments and new bills. Revamping the visa system for such immigrants is the need of the hour.

The US immigration system can create new visa categories or expand existing ones to meet the demand for essential low-skilled labor. The increase in legal pathways would prevent the exploitation of undocumented workers and increase the scrutiny of the treatment and wages of these labor workforces.

Overcome Every Hurdle with Our Immigration Law Consultations

The US immigration system has its heart in the right place. It prioritizes the ideals of opportunity and inclusion but faces an array of shortcomings that need urgent attention. By addressing issues such as the lack of clear pathways for undocumented immigrants and limited quotas, policymakers can work towards a more just, efficient, and humane immigration system.

If you are one of the rare few who qualify for a green card through family, employment, or any other means, find the right legal assistance with our immigration attorneys, who have tackled cases related to family, employment, humanitarian immigration, and investor visa programs.

Get in touch for inquiries and further assistance regarding our legal services.

Do you think you have a better shot at life and work in the U.S.? Click here for an immigration law consultation at IBP Immigration Law.

Today’s blog will reveal why most people immigrate to the U.S. despite its most deep-seated internal problems.

Do Most People Immigrate to the U.S.?

The short answer: Yes.

The long answer: The United States welcomes more immigrants annually than any other country by a long margin. The nation welcomed approximately 833,900 migrants in 2021, followed by Germany, with 536,200 migrants.

While these numbers pale compared to those before the pandemic, the gap between the leading country and the runner-up speaks volumes about why people are immigrating to the U.S.

For the High Standard of Education

The United States has one of the best education systems worldwide, second only to its neighbor across the pond, the United Kingdom. The world’s top ten colleges include four from the U.S., more than enough to convince any parent or student to migrate to the U.S.

The high standard of schooling is an appealing prospect for parents who want to give their children the best shot at everything through globally accepted qualifications.

The same applies to older students who want to receive further education at a globally accepted institution to widen their horizons, increase their knowledge, and improve their professional prospects.

The American Problem: Student Debt

Every generation, from the millennials onwards, has experienced crippling student debt. While the quality of education in the U.S. is second to (almost) none, it doesn’t justify the price label most young and older adults are forced to pay off for most of their lives.

In a 2019 Congress address, comedian Hasan Minhaj talked about the plight of his generation: Approximately 45 million people were putting off marriage, family planning, and even retirement to be debt-free as soon as possible.

In 2022, a Forbes article showed a bleaker picture, reporting $1.75 trillion in federal and private student loans, with the former comprising 92% of the trillion-dollar debt. With the brief pandemic-induced reprieves running out, it’s only a matter of time before the monthly payments resume, directly impacting credit scores and housing loan prospects.

Does Student Debt Affect Migration?

While student debt is concerning, it hasn’t affected immigration significantly. There have never been more immigrant-origin students in higher education than today because the problem they or their parents faced in their origin country wasn’t student debt but access to quality education.

For Topnotch Healthcare and Medical Innovation

The World Health Organization calls the factors that decide people’s access and quality of healthcare the “Social Determinants of Health” or SDoH. The SDoH includes the following factors:

• Place of birth;
• The place where you grew up;
• Current residing country;
• Place of employment;
• Socioeconomic status;
• Age;
• Race.

Some countries, like Australia, have universal healthcare. Others, like the United States, have a system where healthcare coverage decides your access to medical care and certain procedures. Your place of employment often provides insurance packages.

While the healthcare systems in both countries have their ups and downs, they are unrivaled in medical innovation, recovery, and general care.

Moreover, the healthcare system in the U.S. is also an attractive career prospect for international surgeons and physicians, who make up 28% of the country’s 958,000 medical professionals.

The American Problem: Healthcare Disparity

Unfortunately, the American healthcare system isn’t immune to the disparities resulting from age-old policies. While the U.S. is a leading player in medical innovation and healthcare, one in ten African-American and differently-abled adults remain in medical debt.

Barriers to healthcare include:

• Access to rural and marginalized communities;
• Price and costs of healthcare services;
• Inadequate healthcare coverage;
• Quality issues.

Does Healthcare Disparity Affect Migration?

Healthcare disparity exists within every nation; the more marginalized, oppressed, or socioeconomically deprived a person, the lower their access to quality healthcare. That said, there is a healthcare disparity from nation to nation.

While healthcare is expensive in the United States, its quality attracts people looking to manage or treat certain conditions for which they can’t seek treatment in their home country.

Furthermore, medical professionals seek employment-based immigration sponsorship in the U.S. healthcare system because it pays better and gives them better access to immigration benefits.

For the Career Opportunities

Healthcare isn’t the only area where the U.S. sees an influx of skilled immigrants. It’s a great time to be a software developer, information security analyst, financial manager, or IT manager in the US.

These high-paying jobs are drawing employment-based green card applications from around the world. The applicants are identified and sponsored by U.S.-based employers looking for the best fit for a position from a wider talent pool.

If you have an extraordinary ability or exceptional ability that an American company could use, you can self-sponsor for a green card without a U.S. employer.

The American Problem: Wage Inequality

America’s top one percent has seen its wages jump 179.3% from 1979 to 2020. Conversely, its bottom 90% has experienced a measly jump of 28.2% during the same time frame. We live in a capitalist society, so it shouldn’t be surprising that the top 10% owns nearly 70% of the country’s wealth.

Whenever there’s an unprecedented catastrophe, such as the pandemic, it’s the 90% that is downsized so that the upper tier can keep its job, salary, or both. Look at what the chief executive officer of Qantas, Alan Joyce, did when his back was against a wall: He made sacking 6,000 workers a part of his “recovery plan.”

The wage disparity in aviation and across the board is only set to worsen as we move toward singularity and artificial intelligence drives more people out of their jobs.

Does Wage Inequality Affect Migration?

The U.S. government issues merely 140,000 employment-based green cards per year. The cap is only exacerbating its green card backlog and increasing the wait time in heavily-populated countries like India, China, and Mexico.

It’s safe to say that wage inequality isn’t deterring people from immigrating to the U.S. It all has to do with perspective.

Most skilled immigrants originate from countries where the wages aren’t regulated and thus fall below a government-ordered line. Underpaid workers are only too happy to work in the U.S., even for a minimum wage, which is likely much higher than a well-paid position in their home country.

Their perspective has benefits on the employer’s end. A 2019 study found that low- and high-skilled foreign-born workers improved wage dispersion on one end while benefiting the high-wage U.S.-born class.

For a Safe and Secure Environment

Many flee their homelands not because they want to learn or earn more but because staying in place would spell a death sentence for them. The U.S. is considered the land of the free: A place where people can have the freedom to do or be whatever they want.

Our country is attractive for religious, racial, and ethnic minorities who don’t feel safe and are frequently persecuted or deprived of fundamental rights in their home countries.

Foreign-born individuals, marginalized or otherwise, reach out to our immigration lawyer to seek asylum in the U.S. if they are being persecuted. They may also seek refuge in the U.S. if they qualify for humanitarian immigration under the Violence Against Women Act.

The American Problem: Racial Injustice

We could write volumes about the racial injustices in the United States. The social issue encompasses centuries; it came to a head in the thick of the pandemic in 2020 when the country saw its largest civil rights protests in modern U.S. history.

Everything from book bans to whitewashing historical figures to outright violence has plagued our country and fed its patterns of systemic racism. While racist thought processes aren’t intrinsically violent, they feed and spur people into violence against racial minorities.

More needs to be done—policies scrapped—on the grassroots level. Until then, we remain a work in progress where this social injustice is concerned.

Does Racial Injustice Affect Migration?

The number of refugees in the U.S. stood at 363,059 in 2021, a 7.04% increase from the previous year. The United States ranks number five among the top ten countries for asylum-seekers.

From the numbers alone, its internal social injustice problem does not seem to affect an asylum seeker’s decision to flee to the US. Although, there may be micro-trends within these generalizations influenced by the increasingly fragile national security issue.

For the Economy

In the age of inflation, the United States is considered to have one of the most stable economies in the world. As developing countries reel from the historically high inflation rates due to the geopolitical uncertainty of the Russia-Ukraine conflict, their citizens feel the need to flee their land for greener pastures in the US.

The U.S. dollar is the international trade currency, whereas its origin country has the seventh-highest average household income worldwide. Where food security is concerned, the United States ranks 13th out of 113 countries for affordability, availability, quality, and sustainability.

Thus, it’s only reasonable for skilled individuals to move to this part of the world in times of economic turmoil.

The American Problem: Lack of Affordable Housing

The lack of affordable housing is a major problem for 49% of Americans. While real estate rises, wages stay stagnant, forcing many to move to rental housing or refinance their mortgage.

The problem is so severe that no one in all 50 states could afford a lease on a two-bedroom home on a 40-hour work week, forcing locals and immigrants to double and triple their work hours or share their living space to make ends meet.

Does the Lack of Affordable Housing Affect Immigration?

Despite the growing lack of affordable housing, family-based green card petitions continue to add to the backlog. Every year, approximately 810,558 applicants apply for permanent residency via the United States Citizenship and Immigration Service (USCIS), hoping to be the lucky 88% to get approved.

Suffice to say; the burgeoning housing crisis is in no way stopping people from immigrating to the U.S. They are in it for a better life, and a better life is what they get once they move here permanently.

Do you want a better shot at life, education, employment, and security?

Apply for a work visa, petition for a green card through family, or undergo the citizenship application process with our immigration lawyer, Ingrid Borges Perez, Esq. If you’ve tried and been rejected by the USCIS, contact Ingrid to learn how to overcome an employment-, humanitarian-or marriage-based green card denial.

Reach out for legal advice and assistance in English, Spanish, or Portuguese.

The Endless Benefits of an Employment-based Green Card

A Green Card allows foreign nationals to live and work in the United States freely. It is the first step toward becoming a naturalized US citizen, getting a US passport, being able to vote, and getting access to other benefits and protections only available to US Citizens.

With an employment-based green card, you can work in the US for any employer. Unlike many temporary employment-based visas like H1-B or TN, you are not tied to a sponsoring employer once the green card is approved. Your Green Card is the only thing you need to start a new job or start a new venture.

Moreover, a green card holder can travel to and from the United States, sponsor family members for permanent residency, and apply for federal grants, a funding option available only to US citizens, nationals, and permanent residents.

It’s safe to say that a green card is a lot more than a steppingstone for US citizenship in the ensuing five years.

Are you ready to explore your options? Book an immigration law consultation at IBP Immigration Law or Keep reading our guide to employment-based immigration to learn about your options.

• An Opportunity to Hone Your Skills

The United States is a place where people with myriad skill sets come to flourish. This year alone, the country was considered lucrative for software engineers, nurse practitioners, health services managers, information security analysts, and physiotherapists, in that order.

Employment-based immigration options open the door to these professional opportunities for foreign nationals. It helps those seeking new challenges and greater horizons, complete with the latest technologies and innovation with the who’s who in their respective fields.

With a green card, you are free to seek employment at Fortune 500 companies and renowned, well-respective institutions and enhance your professional growth and expertise. If you can weather working with the best in your business, you can weather anything, a fact that will eventually propel your career to new heights.

• A Chance at a Better Life

A better quality of life is one of the most significant advantages of an employment-based green card. Gaining such a status in the US might not guarantee a better quality of life, but it certainly ensures the stability and security of individuals and their families.

Permanent residency based on employment lets you lay down roots while contributing to the local and wider community. It comes with the reassurance that you will not be asked to leave the country, nor do you have to go through the constant uncertainty of visa renewals.

If you are one of the 140,000 people granted an employment-based immigrant visa, you have a chance to participate in American society and promote its values. (Think: Religious freedom, social justice issues, racial equality, etc.)

• Extended Benefits for Family Members

Many employment-based immigration categories lead to family-based immigration. An American citizen can sponsor a member of their family, such as a parent, adult child, or a sibling A permanent resident can sponsor their spouse and children.

On the other hand, your spouse and unmarried children under 21 may accompany you on your big move. This ensures family unity despite being in a different country. The US Citizenship and Immigration Services (USCIS) understands all too well that family unity is extremely important when transitioning to the United States for work.

• A Direct Line to Citizenship

An employment-based green card is the perfect solution for those wanting to settle in the US and become US citizens. After 5 (five) years as a permeant resident, you may be eligible for naturalization, allowing you to receive many of the same benefits of natural-born citizens. Becoming a citizen will solidify your connection with your adopted country through inclusion in the democratic process and access to all the benefits available to US citizens.

• The Caveats of Employment-based Immigration

The path to employment-based immigration is extremely bureaucratic and time-consuming. It’s never as straightforward as it seems in theory; if that were the case, you wouldn’t need the services of the immigration lawyers at IBP Immigration Law. Here are some of the challenges of the employment-based immigration process.

• Limited Availability due to Difficult Criteria

Employment-based green cards are difficult to get because of the strict legal criteria to get one. For instance, you may check off all the boxes to have your EB-1A extraordinary ability visa petition approved, but USCIS issues a Request for Evidence or even a Notice of Intent to Deny

It’s hard to get an EB-1A petition approved due to the stringent criteria for this type of visa classification. Working with an experience attorney makes all the difference between getting approved or denied.

• Long Wait Times

Applying for a green card through employment is replete with lengthy wait times. The various employment-based visa categories have a massive green card backlog that could take months and even years.

The pandemic didn’t help the backlog, either. The prolonged administrative delays and uncertainty may also affect the applicant’s career plans and personal life.

Prepare to play the waiting game and work with our immigration lawyers to develop a long-term strategy.

• The Pressure to be on the Straight and Narrow

Temporary workers and green card holders have their status as long as they comply with the requirements. Engaging in certain activities, like getting out of status, committing crimes, or staying outside the United States for prolonged periods of time can increase one’s likelihood of losing their green card status or work visa all the perks that come with it.

• Changing Immigration Policies

Immigration policies can change due to political, economic, and social factors. Applicants go through the employment-based green card process without an immigration lawyer because they’d much rather let a professional keep track of the policy shifts that could impact their case.

The uncertainty may affect those in the investor visa program, for example, affecting any long-term plans and investments the applicant might have made in the US.

The Classes and Qualifications for Employment-based Immigration

Qualifications may differ across the five categories of employment-based immigration available to applicants worldwide.

• EB-1 Petitions

The EB-1 category is for priority workers. It invites those who are the crème de la crème in science, arts, education, business, and sports. Since the category requires proof of their prowess, it is limited to those with a track record of extraordinary achievements.

This category is typically free from the green card backlog because most individuals do not qualify. The few that do qualify have the advantage of being first in line for permanent residency.

• EB-2 Petitions

Second preference EB-2 petitions encompass professionals with advanced degrees or exceptional abilities in their receptive fields. EB-2 applicants must have a valid advanced degree and a job offer from a US employer.

The applicants in this category that belong to professions that contribute to the US strategic interests, may qualify for a National Interest Waiver. The National Interest Waiver allows you to bypass the job offer and labor certification process.

• EB-3 Petitions

EB-3 includes skilled and unskilled workers in a variety of fields.

A Labor Certification and a job offer from a US employer are required in this third-preference category that recognizes the skills outside EB-1 and EB-2 petitions. A qualified U.S. employee might be nonexistent in the US and, thus, allows U.S. employers to hire a qualified foreign national for the position.

• EB-4 Petitions

EB-4 encompasses various special immigrant categories, including media broadcasters, religious workers, translators and interpreters from Iraq and Afghanistan, and some healthcare professionals.

The category is also open to Iraqi and Afghan nationals who have previously worked with the US government and armed forces.

• EB-5 Petitions

EB-5 petitions are reserved for investors. An investor may apply for an EB-5 category green card if they have invested capital in a commercial entity here in the US and have provided a minimum of ten full-time jobs to American citizens.

However, it’s not as simple as you might think. An investor may only qualify for an EB-5 green card under one of the two conditions:

• They have invested, without borrowing, $1,800,000 in the qualifying entity;
• They have invested, without borrowing, $900,000 in a rural area with a high unemployment ratio.

An Abridged Guide to Employment-based Immigration

Below is an abridged version of the steps a foreign national must undergo to get an employment-based green card.

• Job Offer: Like a student needs an I-20 from an educational institution for a student visa, a work visa applicant must have a job offer from a US employer willing to sponsor their application. The employer must use a Form I-129 to sponsor a foreign worker for temporary work status;
• Labor Certification: The first step is obtaining a Labor Certification from the Department of Labor. Once this is completed, the employer can begin the petition process with USCIS;
• Form I-140 Petition: Prospective employer is required to file Form I-140, Immigrant Petition for Alien Worker. It establishes eligibility and is proof that you qualify for the job;
• Form I-485 Status Adjustment: If you’re applying from the US, you may file Form I-485 to adjust your status after Form I-140 is received or approved;
• Submit the Required Documents: Employment-based immigration has five categories, and all require different documents to meet the eligibility criteria. Immigration law consultations are the best way to know what you’ll need to qualify for an employment-based green card;
• Attend the Interview: Once you have undergone consular processing or submitted Form I-485, the USCIS will likely approve your application. You may be required to attend an interview, where you’ll be asked about your past, current, and future employment. If approved, you should receive your green card within a few weeks.

This blog simply scratches the surface about this vast topic. There are more steps within these steps, bureaucratic hurdles, and other stipulations involved in an employment-based immigration process.

Take all the right steps with an immigration lawyer who speaks your language and understands your unique situation You can also learn more by visiting our blog.

Book a consultation with one of our lawyers today.

What’s So Special About an EB-1A Green Card?

An EB-1A Extraordinary Ability, or EB-1A Green Card, exists for those who wish to work and reside in the United States permanently. It’s different from other employment-based immigration categories in many respects.

For starters, it does not require a labor certification approved by the Department of Labor (DoL), allowing you to self-petition. The category is even more appealing by removing the offer of employment requirement for applicants.

Priority dates are another aspect of this green card that attract applicants in droves. With priority dates at their disposal, EB-1A visa applicants in heavily populated countries can bypass the employment-based immigration backlog.

An EB-1A Extraordinary Ability Visa is less bureaucratic than other employment-based visas when you meet its specific criteria.

How to Qualify for an EB-1A Extraordinary Ability Visa?

Qualifying for an EB-1A Green Card necessitates demonstrating your high level of recognized expertise in the sciences, arts, education, business, or sports. You must continue working in your area of discipline to qualify for an EB-1A Visa.

Moreover, the US Citizenship and Immigration Services (USCIS) wants applicants to prove that their ability has achieved national or international acclaim through an internationally-recognized award.

If you cannot provide such an award, you must provide evidence for at least three out of ten criteria. More on that and the documentation they entail later. For now, let’s see how you can prove that you will continue to work in your area of extraordinary ability.

How to Demonstrate a Willingness to Continue Working?

Immigration lawyer Ingrid Borges Perez, Esq. believes that the USCIS’s requirement about showing a willingness to continue working demonstrates an applicant’s commitment to work in their area of expertise.

Although you don’t have to show an offer of employment, you could demonstrate this willingness through letters from current or potential employers, even those who have yet to offer you a conditional offer, or a personal statement.

If well written, documentation that showcases your commitments, such as signed contracts, or an outline of your professional plans after moving to the United States, may also satisfy this legal requirement.

National or International Recognition in the Context of EB-1A Visa

To prove extraordinary ability in a specific field, an applicant must have one internationally recognized achievement, like an internationally recognized award, for example. However, the recognition must show sustained acclaim.

However, a Nobel Peace Prize, a Pulitzer Prize, or an Academy Award may serve as a substantial one-time recognition of your abilities. It also helps that they are internationally recognized awards. Therefore, you can provide proof of receiving a significant award of this type to be eligible for an EB-1A visa.

If you don’t have this type of award, then can still qualify for an EB-1A by meeting three out of ten other criteria. When you cannot demonstrate extraordinary ability through a one-time achievement, the process becomes a tad more complex and documentation-laden.

The Documentation Required for an EB-1A Extraordinary Ability Green Card

Suppose you haven’t won an Olympic Gold Medal, Golden Globe, or other widely recognized rewards for your extraordinary ability. In that case, you must meet three of ten employment-based immigration criteria for EB-1A Visa applicants provable via documentation.

1. Lesser Prizes or Awards for Expertise

In this criterion, you must prove that the lesser prize or award holds some prestige in your country or globally. Submit documents and evidence describing the award category, the selection criteria for the nominees, and some background on the judging panel. You should also clarify whether you won the award alone or as part of a team.

2. Membership in Relevant Associations

Prestigious associations, like the National Academy of Sciences and the American Association for the Advancement of Science, are highly selective about who they let into their field. If your ability is extraordinary enough to meet the EB-1A Visa criteria, you should have no problem fitting into a comparable prestigious association within your field.

The documentation submitted to the USCIS should contain the following:

• The highly selective membership criteria of this association;
• Details of the selection process;
• Proof of membership.

3. Mentions in Published Material in the Field of Expertise

For instance, if you’re an excellent physicist, there’s a high chance someone would have mentioned you in a prestigious journal like Nature Physics.

The USCIS can recognize a published expert if they have been mentioned by name in a widely recognized publication or other equally popular medium.

The evidence must contain the title, date, and author. You can and should translate the paper if it’s written in a foreign language.

4. History of Evaluating the Work of Others in the Field

If you have ever engaged in a peer review of a research article, grant, or manuscript written by someone else in your field, share that evidence with USCIS.

5. Relevant Contributions to the Field

The EB-1A Green Card applicant must prove through documented evidence that their field of expertise has benefited from their achievements. You could submit reference letters from other experts in this field to corroborate this claim.

6. Authorship in Major Media

Your research and work may have been acknowledged and referenced in published materials. But have you personally published any of your own work?

If you have written and published anything in academic journals, mass media, or trade journals in your relevant field, share it with USCIS as additional evidence.

7. Displayed Works

The easiest criterion that artists applicants can meet is evidence of their work being displayed in exhibitions and showcases. USCIS does not have a list or layout for eligible exhibitions. Therefore, other types of applicants can qualify under this criterion.

8. Leading Role in an Organization

Extraordinary Ability Green Card applicants who hold a prestigious position in a widely recognized organization could describe their job and how it plays a critical role in said organization.

9. High Salary in the Field

Submit evidence that you earn a higher salary or higher renumeration than others in your field.

10. Commercial Success

If you are an arts applicant, submit box office receipts or evidence of successful exhibitions of your work to prove your commercial success.

Learn More With a Personalized Immigration Law Consultation

There is more to the EB-1A Extraordinary Ability Visa than this five-minute blog. You need an individualized assessment of your background and likelihood of success. Moreover, you can learn about the technical requirements and timeline involved in the application process so that you can be sure to know what it takes to successfully pursue this visa.

Book an initial consultation with our experienced immigration lawyer to get your EB-1A Extraordinary Ability Green Card and take the first step towards becoming a naturalized US citizen. Request a complimentary pre-evaluation of your case prior to a full consultation.

Get in touch for inquiries and suggestions.