• Diversity Lottery
• Family-Based Petitions
• Employment-Based Petitions (Employer-Sponsored and Self-Sponsored)
• Investment

1. Labor Certification (also known as PERM…only for Employer Sponsored EB 2 and EB3 applications)
2. Employment-Based:   Form I-140       Family-Based:    Form I-130 
3. Form I-485; I-131 ;  I-765
4. I-485 Supplement J

There is frequently more demand for employment-based immigrant visa slots than there is availability. A preference category can become oversubscribed in two ways: either the total category availability has been reached, or the per-country limit for that category has been reached. When a category becomes oversubscribed either in its entirety or for a particular country, a waiting list develops. A person's place on the waiting list is determined by his or her "priority date," which is the date that a labor certification application was first filed on his or her behalf with the Department of Labor, or, for those categories exempt from the labor certification requirement, the date on which a preference petition was filed on his or her behalf with USCIS. These waiting lists can be extraordinarily long or quite short. The Department of State maintains a count of the number of immigrant slots reported by consulates and USCIS as having been used, and calculates future demand on a monthly basis. DOS issues a monthly public report called the Visa Bulletin , which contains the "cut-off" dates for any particular category.

In most cases, it is recommended that H-1Bs and H-4 family members maintain their H status throughout the entire permanent residence process and have obtained their “green card.”

ISSS recommends that you follow the advice of your immigration attorney. The information below is for general knowledge only.

• It is both possible and recommended to maintain your H-1B status throughout the permanent residence process until you have your “green card”.
• When an immigrant petition (I-140) has been filed (pending and approved), you may still maintain your H-1B status, travel abroad and apply for an H-1B visa for re-entry.
• When you file an Adjustment of Status petition (I-485), you have the option to apply for Advance Parole (I-131) and an Employment Authorization Document (I-765) concurrently with the I-485 or later after you have received the I-485 receipt.
• When an Adjustment of Status petition (I-485) has been filed and is pending:
  • You may maintain your H-1B status while in the U.S.
  • When traveling abroad and re-entering the U.S. you have the choice of entering in H-1B status (with a valid H-1B visa and required documents) or as a “parolee” by using the Advance Parole document (I-512).

Use of the Employment Authorization Document (EAD) to engage in employment outside of the position listed in your current H-1B petition will likely result in abandonment of H-1B status.

ISSS will need copies of any documents you receive during the green card process so that we may accurately advise you.

The Diversity Immigrant Visa Program (DV Program) makes up to 50,000 immigrant visas available annually, drawn from random selection among all entries to individuals who are from countries with low rates of immigration to the United States. The DV Program is administered by the U.S. Department of State (DOS).  

EB-12 Outstanding Professor or Researcher

• Type of individual: Professor or researcher who is recognized internationally as outstanding in the academic field, and who has at least 3 years of teaching or research experience in the field
• Job offer requirement: Must have offer of a tenured or tenure-track teaching or permanent research position
• Labor certification requirement: None

EB-21 Advanced degree holder

• Type of individual: An individual holding a degree above a bachelor's degree, which is required for the job offered
• Job offer requirement: Must have offer of a permanent full-time position which requires an advanced degree or equivalent
• Labor certification requirement: Standard labor certification required; special handling procedures available to college teachers

EB-22 Exceptional Ability in the Science, Arts, or Business

• Type of individual: An individual with at least 10 years of experience in the field, with expertise significantly above that ordinarily encountered in the sciences, arts or business
• Job offer requirement: Must have offer of a permanent full-time position
• Labor certification requirement: Standard labor certification required

EB-3 Professional or skilled worker

• Type of individual: An individual with at least a bachelor's degree in a specific field of endeavor (professional) or with at least two years of specific education, training or experience (skilled worker)
• Job offer requirement: Must have offer of a permanent full-time position which requires either a specific bachelor's degree or two years of specific training or experience
• Labor certification requirement: Standard labor certification required; special recruitment option theoretically available for college teachers, although most such positions require an advanced degree

Department of Labor regulations allow for universities to use a special Labor certification process for Faculty and those who teach called “Special Handling”. With Special Handling, the recruitment and selection process that must be undertaken and documented by the University is much less onerous. Cases may be processed by the Department of Labor faster than other labor certification applications.

To qualify, the University must demonstrate that the scholar performs classroom teaching and that the scholar was more qualified than any of the U.S. workers who were available, able, and willing to do the job after a competitive recruitment process was conducted for the position. Applications filed for college and university teachers under “Special Handling” must be filed within 18 months after a selection is made pursuant to a competitive recruitment and selection process.