Understanding U.S. Immigration: Accessible Visa Types and Legal Assistance

Immigrating to the United States involves navigating a complex legal system, but several visa options are accessible depending on your situation. Here are the four most accessible types of visas for those looking to move to the U.S., along with a guide to legal assistance that can help you through the process.

1. Family-Based Immigration

Definition: Family-based immigration allows U.S. citizens and lawful permanent residents (LPRs) to sponsor family members for a visa. Immediate relatives of U.S. citizens, such as spouses, parents, and unmarried children under 21, have no annual visa limit. Other family members fall into preference categories with annual limits, which can result in longer wait times.

Requirements:

• Relationship to a U.S. citizen or LPR.
• Submission of a petition (Form I-130) by the sponsoring relative.
• Approval of the petition and availability of a visa number.

2. Employment-Based Immigration

Definition: This category is for individuals who have job offers from U.S. employers. It includes several subcategories:

• H-1B Visa: For specialty occupations requiring a bachelor’s degree or higher.
• EB-1 Visa: For individuals with extraordinary abilities, outstanding professors, or multinational executives.
• EB-5 Visa: For investors who invest at least $1.8 million (or $900,000 in targeted employment areas) in a U.S. business and create at least 10 full-time jobs.

Requirements:

• Job offer from a U.S. employer.
• Relevant qualifications and work experience.
• Labor certification from the Department of Labor for certain categories.

3. Diversity Visa Lottery

Definition: The Diversity Visa (DV) Lottery provides 50,000 visas annually to individuals from countries with low immigration rates to the U.S. This program aims to diversify the immigrant population.

Requirements:

• Must be from an eligible country.
• Minimum high school education or equivalent, or two years of work experience in a qualifying occupation.
• Entry into the lottery through the State Department’s DV program website.

4. Humanitarian Programs

Definition: This category includes asylum and refugee status for individuals fleeing persecution, as well as Temporary Protected Status (TPS) and humanitarian parole for specific situations.

Requirements:

• Demonstration of credible fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion.
• Adherence to specific application processes and deadlines.

Legal Assistance for U.S. Immigration

Navigating the U.S. immigration system can be challenging without expert help. Here are five law firms that specialize in various types of immigration visas:

Fragomen, Del Rey, Bernsen & Loewy LLP

• Specializes in corporate immigration services.
• Website: Fragomen

Berry Appleman & Leiden LLP

• Known for comprehensive immigration services, including employment-based visas.
• Website: BAL Global

Tanner Law Offices, LLC

• Offers services for family-based and humanitarian visas.
• Website: Tanner Law Offices

Jackson & Hertogs LLP

• Focuses on employment-based immigration and other business-related visas.
• Website: Jackson & Hertogs

J & K Law

• Provides personalized legal solutions for various immigration needs, including asylum and refugee status.
• Website: J & K Law

Conclusion

Understanding the various visa options and the application process is crucial for a successful immigration journey to the U.S. Whether you are seeking to join family, secure employment, or find refuge, knowing your options and seeking professional legal assistance can make the process smoother and more efficient.

By utilizing these resources and understanding the requirements, you can better navigate the complexities of U.S. immigration and increase your chances of a successful application.