Moving to the United States can be a complicated and lengthy process, especially if you don’t have a family member or employer who can sponsor you. However, there are several options available to immigrants seeking sponsorship, ranging from employment-based visas to family-based petitions.
In this article, we will explore the various ways in which an individual can obtain sponsorship to live and work in the United States. We will discuss the eligibility requirements, application processes, and other relevant details for each type of sponsorship.
Family-Based Sponsorship
If you have close relatives who are U.S. citizens or legal permanent residents (green card holders), they may be able to sponsor you for immigration to the United States. The following are the categories of family-based sponsorship:
Immediate Relatives:
These include spouses, unmarried children under 21 years of age, and parents of U.S. citizens who are over the age of 21.
Family Preference Categories:
These include unmarried sons and daughters of U.S. citizens and their minor children, married sons and daughters of U.S. citizens and their spouses and minor children, and brothers and sisters of U.S. citizens and their spouses and minor children.
To begin the family-based sponsorship process, your relative must file a Petition for Alien Relative (Form I-130) with U.S. Citizenship and Immigration Services (USCIS). Once the petition is approved, you will need to apply for an immigrant visa or adjustment of status to become a lawful permanent resident.
Employment-Based Sponsorship
If you have a job offer from a U.S. employer, you may be able to obtain sponsorship through an employment-based visa. There are five categories of employment-based visas:
- EB-1: For individuals with extraordinary ability, outstanding professors and researchers, and multinational executives and managers.
- EB-2: For individuals with advanced degrees or exceptional ability in the sciences, arts, or business.
- EB-3: For skilled workers, professionals, and other workers with at least two years of experience.
- EB-4: For special immigrants, including religious workers, certain foreign medical graduates, and employees of U.S. foreign service posts.
- EB-5: For investors who create jobs for U.S. workers by investing in new commercial enterprises.
To obtain an employment-based visa, your employer must first file a Labor Certification Application (LCA) with the U.S. Department of Labor to demonstrate that there are no qualified U.S. workers available for the position. Once the LCA is approved, your employer can file a Form I-140, Immigrant Petition for Alien Worker, with USCIS on your behalf. If the petition is approved, you will need to apply for an immigrant visa or adjustment of status to become a lawful permanent resident.
Investor-Based Sponsorship
If you have significant funds to invest in a commercial enterprise in the United States, you may be able to obtain sponsorship through an EB-5 investor visa. To qualify for this type of visa, you must meet the following requirements:
- Invest at least $1.8 million in a new commercial enterprise in the United States, or $900,000 if the enterprise is located in a designated Targeted Employment Area (TEA).
- Create at least 10 full-time jobs for U.S. workers within two years of obtaining conditional permanent residency.
Once you have made the investment and created the required number of jobs, you can apply for an EB-5 visa by filing a Form I-526, Immigrant Petition by Alien Entrepreneur, with USCIS. If your petition is approved, you will need to apply for an immigrant visa or adjustment of status to become a lawful permanent resident.
Special Categories of Sponsorship
There are also several other special categories of sponsorship available to immigrants, including:
Refugees and Asylees:
Individuals who have been granted refugee or asylee status in the United States may be eligible for permanent residency after one year.
Diversity Visa Lottery:
Every year, the U.S. government holds a lottery for individuals from countries with low rates of immigration to the United States. Winners of the lottery can apply for a diversity visa and obtain permanent residency.
Humanitarian Parole:
In rare cases, individuals who are otherwise ineligible for admission to the United States may be granted humanitarian parole on a case-by-case basis.
Conclusion
Obtaining sponsorship to live and work in the United States can be a complex process, but it is possible with the right guidance and support. Whether you are seeking family-based sponsorship, employment-based sponsorship, investor-based sponsorship, or some other form of sponsorship, there are options available to you.
If you are considering immigrating to the United States and are unsure about the sponsorship process, it is recommended that you consult an experienced immigration attorney who can guide you through the process and help you make informed decisions about your future.
