USA is a beautiful country and is considered to be the land of freedom and opportunity. Many people have been immigrating to the USA since past many years.

Common reasons are

  • Jobs and business opportunities
  • To escape poverty
  • To seek superior healthcare
  • To escape conflict or violence in their home countries
  • To escape past or possible future persecution based on race, religion, nationality, and/or membership in a particular social group or political opinion
  • To find refuge after being displaced due to environmental factors
  • To offer more opportunities to children
  • Family reunification
  • Educational purposes

    History of Immigration to US

Origins of the U.S Immigrant Population: 1960-2016

Year Europe/Canada South and East Asia Other Latin America Mexico
1960 84% 4% 4% 6%
1970 68% 7% 11% 8%
1980 42% 15% 16% 16%
1990 26% 22% 21% 22%
2000 19% 23% 22% 29%
2010 15% 25% 24% 29%
2011 15% 25% 24% 29%
2012 14% 26% 24% 28%
2013 14% 26% 24% 28%
2014 14% 26% 24% 28%
2015 14% 27% 24% 27%
2016 13% 27% 25% 26%

Note: “Other Latin America” includes Central America, South America and the Caribbean.

Source: Pew Research Center tabulations of 1960-2000 decennial censuses and 2010, 2013-2016 American Community Surveys (IPUMS).

Foreign-born Population in the United States, 1850-2016

Source: U.S. Census Bureau population estimates and Pew Research Center tabulations of 2010, 2013-2016 American Community Surveys (IPUMS).

Notes:

The term “immigrants” (also known as the foreign born) refers to people residing in the United States who were not U.S. citizens at birth. This population includes naturalized citizens, lawful permanent residents (LPRs), certain legal non-immigrants (e.g., persons on student or work visas), those admitted under refugee or asylee status, and persons illegally residing in the United States.

Denied Entry to USA?

There are reasons why travellers may be denied entry to the US at the border. Most common reasons are

  • They have previously worked illegally in the US
  • They are suspected of being intended immigrants who will overstay their visas
  • They are suspected of having ties to terrorist or criminal organizations
  • They have overstayed a previous visit to the US
  • They do not have sufficient funds to support themselves while there
  • They have health issues like “communicable disease”, “a physical or mental disorder that may pose, or has posed, a threat to [the person] or others” or “a drug abuser or addict”
  • They have been found guilty of a criminal offence

Employment Based Immigration Visas

There are various Employment-Based Immigration visa categories to move to US that give you green cards and you become eligible for permanent residence:

  • Employment-Based Immigration: First Preference EB-1
  • Employment-Based Immigration: Second Preference EB-2
  • Employment-Based Immigration: Third Preference EB-3
  • Employment-Based Immigration: Fourth Preference EB-4
  • Employment-Based Immigration: Fifth Preference EB-5

You may be eligible for an employment-based, first-preference visa if you have an extraordinary ability, are an outstanding professor or researcher, or are a multinational executive or manager. Each occupational category has certain requirements that must be met:

Eligibility Criteria

Categories Description Evidence
Extraordinary Ability You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation. No offer of employment is required. You must meet 3 of 10 criteria* below, or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal)
 
Outstanding professors and researchers You must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years of experience in teaching or research in that academic area. You must be entering the United States in order to pursue tenure or tenure track teaching or comparable research position at a university or other institution of higher education. You must include documentation of at least two listed below** and an offer of employment from the prospective U.S. employer.
Multinational manager or executive You must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation and you must be seeking to enter the United States to continue service to that firm or organization. Your employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer. Your petitioning employer must be a U.S. employer. Your employer must have been doing business for at least 1 year, as an affiliate, a subsidiary, or as the same corporation or other legal entity that employed you abroad.

Criteria for Demonstrating Extraordinary Ability
You must meet 3 out of the 10 listed criteria below to prove extraordinary ability in your field:

  • Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
  • Evidence of your membership in associations in the field which demand outstanding achievement of their members
  • Evidence of published material about you in professional or major trade publications or other major media
  • Evidence that you have been asked to judge the work of others, either individually or on a panel
  • Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
  • Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
  • Evidence that your work has been displayed at artistic exhibitions or showcases
  • Evidence of your performance of a leading or critical role in distinguished organizations
  • Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
  • Evidence of your commercial successes in the performing arts

** Examples of Documentary Evidence That A Person is an Outstanding Professor Or Researcher

  • Evidence of receipt of major prizes or awards for outstanding achievement
  • Evidence of membership in associations that require their members to demonstrate outstanding achievement
  • Evidence of published material in professional publications written by others about the alien’s work in the academic field
  • Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
  • Evidence of original scientific or scholarly research contributions in the field
  • Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field

Application Process

  • Extraordinary Ability:You may petition for yourself by filing a Form I-140, Petition for Alien Worker.
  • Outstanding Professors and Researchers:Your employer must file a Form I-140, Petition for Alien Worker.
  • Multinational Manager or Executive:Your employer must file USCIS Form I-140, Petition for Alien Worker.


You may be eligible for an employment-based, second preference visa if you are a member of the professions holding an advanced degree or its equivalent, or a foreign national who has exceptional ability. Below are the occupational categories and requirements:

Eligibility Criteria

Sub-Categories Description Evidence
Advanced Degree The job you apply for must require an advanced degree and you must possess such a degree or its equivalent (a baccalaureate degree plus 5 years progressive work experience in the field). Documentation, such as an official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that you have a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty.
 
Exceptional Ability You must be able to show exceptional ability in the sciences, arts, or business. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.” You must meet at least three of the criteria below.*
National Interest Waiver Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States. Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability (see above) and whose employment in the United States would greatly benefit the nation. Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them) and may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker. You must meet at least three of the criteria below* and demonstrate that it is in the national interest that you work permanently in the United States.

* Criteria

  • Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
  • Letters documenting at least 10 years of full-time experience in your occupation
  • A license to practice your profession or certification for your profession or occupation
  • Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
  • Membership in a professional association(s)
  • Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
  • Other comparable evidence of eligibility is also acceptable.

Note: Employment-based, second-preference petitions must generally be accompanied by an approved individual labor certification from the Department of Labor on Form ETA-750.

To qualify for an EB-2 visa, your employer must file a Form I-140, Petition for Alien Worker.

Family of EB-2 Visa Holders

Your spouse and children under the age of 21 may be admitted to the United States in E-21 and E-22 immigrant status, respectively. During the process where you and your spouse are applying for permanent resident status (status as a green card holder), your spouse is eligible to file for an Employment Authorization Document (EAD).


You may be eligible for this immigrant visa preference category if you are a skilled worker, professional, or other worker.

  • “Skilled workers” are persons whose job requires a minimum of 2 years training or work experience, not of a temporary or seasonal nature
  • “Professionals” are persons whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and are a member of the professions
  • The “other workers” subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.

Eligibility Criteria