New York Permanent Residency Visa: Types, Requirements, and Application Process

Employment-based green cards (EB-1 to EB-5) are tailored for foreign nationals offering economic or intellectual value to the U.S. The categories include:

EB-1: Individuals with extraordinary abilities, researchers, multinational executives.

EB-2: Advanced degree holders and those qualifying for the National Interest Waiver (NIW).

EB-3: Skilled workers, professionals, and unskilled labor with job offers.

EB-4: Religious workers, former U.S. government employees abroad.

EB-5: Investors contributing $1.05M (or $800K in targeted employment areas) and generating 10+ U.S. jobs.

Approval depends on the U.S. Department of Labor certifications, USCIS adjudications, and quota availability under the State Department’s Visa Bulletin.

U.S. citizens and permanent residents residing in New York may petition close family members. Categories include:

• Immediate Relatives (IR Series): Spouses, parents, unmarried minor children—no annual caps.
• Family Preference (F1–F4): Adult children, siblings—subject to quotas and wait times.

Petitioners must file Form I-130 and provide proof of genuine relationship and financial support.

In addition to employment and family-based visas, applicants may consider special programs such as:

• K-1 Fiancé(e) Visa: Requires marriage within 90 days post-entry.
• DV Lottery (Green Card Lottery): Not currently open to South Korean citizens.
• SB-1 Returning Resident Visa: For green card holders who overstayed abroad.

Eligibility often involves specific life circumstances and requires thorough legal preparation.

To initiate family sponsorship, the petitioner must:

• Submit Form I-130 to USCIS.
• Provide marriage or birth certificates proving relationship.
• File Form I-864 Affidavit of Support to demonstrate financial capability.
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Consular interviews are conducted at the U.S. Embassy, and backlogs may extend processing times depending on preference category.

Employers or self-petitioners must fulfill the following:

• Labor Certification (PERM) through the Department of Labor (for EB-2, EB-3).
• File Form I-140 with USCIS.
• Show company’s financial ability to employ the foreign national.
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Some applicants under EB-1A and NIW may bypass the employer sponsorship requirement.

EB-5 applicants must invest in a new U.S. commercial enterprise and create full-time jobs for U.S. workers.

• Standard investment: $1.05 million.
• Targeted Employment Area (TEA): $800,000.

Applicants file Form I-526 and submit documentation tracing the legal source of funds. Approval grants conditional residency, convertible to full green card via Form I-829 after two years.

1. Petition Filing: I-130 (family), I-140 (employment), or I-526 (investment).
2. Visa Bulletin Check: Monitors queue progression in capped categories.
3. NVC Review and Interview: Includes fee submission, document scanning, and consular interview.
4. Visa Issuance and Entry: Entry into the U.S. must occur within six months of issuance.

Applicants already residing in New York on lawful nonimmigrant status may pursue Adjustment of Status (Form I-485) instead of consular processing.

• Quota Limits: Backlogs affect most family preference and EB categories.
• Conditional Green Cards: EB-5 and marriage-based visas often start with 2-year conditions.
• Intent Issues: Transitioning from temporary to immigrant visas may trigger scrutiny.

Legal consultation helps preempt missteps and aligns application strategies with policy trends.