U.S. Immigrant Visa
U.S. visas are broadly divided into immigrant visas and nonimmigrant visas. Immigrant visas can lead to permanent residence and are typically obtained through spouse or family sponsorship, employment-based immigration, or investor immigration. Nonimmigrant visas are issued to people entering the United States temporarily for a specific purpose.
U.S. VisasU.S. Visas
U.S. visas are broadly divided into immigrant visas and nonimmigrant visas. Immigrant visas can lead to permanent residence and are typically obtained through spouse or family sponsorship, employment-based immigration, or investor immigration. Nonimmigrant visas are issued to people entering the United States temporarily for a specific purpose.
U.S. Immigrant VisasU.S. Immigrant Visas (Immigration Visa)
U.S. immigrant visas are divided into family-sponsored immigrant visas, employment-based immigrant visas, and investor immigrant visas. If you enter the United States within six months after receiving an immigrant visa, a green card is issued. A green card is valid for 10 years and must be renewed before it expires. International travel is generally permitted after receiving permanent residence, but staying abroad for more than six months without a reentry permit may put permanent residence at risk.
* Citizenship can generally be applied for five years after obtaining permanent residence, or three years in certain marriage cases, once the applicant satisfies the required tests and eligibility requirements.
Family-Sponsored Immigrant VisasFamily-Sponsored Immigrant Visas (Family-Based Immigration Visa)
Family-sponsored immigrant visas are issued to spouses and children of U.S. citizens or permanent residents. The major categories are listed below.
| Category | Name | Details |
|---|---|---|
| IR | Immediate Relative | IR-1: Spouse of a U.S. citizen IR-2: Unmarried child under 21 of a U.S. citizen IR-3: Orphan adopted abroad by a U.S. citizen IR-4: Orphan to be adopted in the United States IR-5: Parent of a U.S. citizen age 21 or older |
| CR | Conditional Resident | CR-1: Spouse of a U.S. citizen CR-2: Unmarried child under 21 of a U.S. citizen CR-3: Orphan adopted abroad by a U.S. citizen CR-4: Orphan to be adopted in the United States CR-5: Parent of a U.S. citizen age 21 or older |
| F | Family Preference | F1: Unmarried sons and daughters age 21 or older of U.S. citizens, and their eligible children F2: Spouses and children of permanent residents, including unmarried sons and daughters F3: Married sons and daughters of U.S. citizens, their spouses, and eligible children F4: Brothers and sisters of U.S. citizens, their spouses, and eligible children |
* Grandparents, aunts, uncles, in-laws, cousins, and similar relatives are not eligible for family immigrant visas.
Employment-Based Immigrant VisasEmployment-Based Immigrant Visas
Employment-based immigrant visas are issued through employment for people needed in the United States. They are divided into five preference categories, E-1 through E-5, as described below. To distinguish them from the nonimmigrant E-1 and E-2 visas, these categories are also commonly called EB-1 through EB-5. E-5, or EB-5, is also known as investor immigration because the applicant invests directly or indirectly and may become both investor and employer.
Applicants for employment-based immigrant visas generally must work through a U.S. employer and obtain labor certification from the U.S. Department of Labor proving that the applicant has the training and experience required for the position. USCIS recognizes the labor certification filing date as the employment petition priority date. Because annual visa quotas apply, processing times vary by category and nationality.
EB-1 and EB-2 cases often have relatively shorter processing times, and EB-3 timelines have also improved significantly as visa bulletin movement has advanced. Applicants can check processing availability through Cut-Off Dates. To obtain labor certification, the following three conditions must generally be satisfied: 1) The applicant must receive a job offer from a U.S. employer. 2) The offered position must match the applicant's experience and field of study. 3) The employer must show that qualified workers are not available in the United States.
* The required employment period is one year, and residence in Korea is not possible during that required employment period. * Some categories can proceed without labor certification.
| Category | Name | Details |
|---|---|---|
| EB-1 | Employment First Preference / Priority Workers | - Persons of extraordinary ability in science, art, education, business, or athletics: no employer required - Outstanding professors or researchers: employer required - Multinational executives or managers: employer required |
| EB-2 | Employment Second Preference / Professionals Holding Advanced Degrees and Persons of Exceptional Ability | - Advanced degree professionals, or bachelor's degree holders with at least five years of professional experience: employer required - Persons of exceptional ability in science, art, or business: employer required * NIW (National Interest Waiver) allows applicants to seek permanent residence without an employer by proving their ability clearly benefits the U.S. national interest. |
| EB-3 | Employment Third Preference / Skilled Workers, Professionals, and Unskilled Workers (Other Workers) | - Occupations requiring a bachelor's degree: employer required - Skilled workers with at least two years of experience: employer required - Unskilled workers with less than two years of experience: employer required, with an annual quota for unskilled workers |
| EB-4 | Employment Fourth Preference / Certain Special Immigrants | - Religious workers, employees of religious organizations, international organization employees, and similar categories: employer generally required |
| EB-5 | Employment Fifth Preference / Immigrant Investors | - Standard area investors: USD $1,050,000 investment required * TEA (Targeted Employment Area) investors: USD $800,000 |
Labor CertificationLabor Certification
Since March 28, 2005, the U.S. Department of Labor has used PERM, an automated labor certification processing system, significantly shortening the previous employment immigration process. Because foreign employment must not negatively affect the U.S. labor market, employers must complete recruitment steps and prove that qualified U.S. workers are not available.
Professional positions require more detailed procedures than nonprofessional positions. The process is summarized below.
1) Common Procedure for Professional and Nonprofessional Positions
- Post the job offer with the State Workforce Agency (SWA) for 30 days
- Place advertisements in a Sunday newspaper twice
- After the SWA posting, wait at least 30 days and up to 180 days before filing labor certification. The employer must also post a notice at the company for 10 business days, excluding Saturdays, Sundays, and holidays.
After these steps, labor certification is generally approved after about 6 to 7 months if the Department of Labor does not audit the case.
2) Additional Procedure for Professional Positions Only
For professional positions, the employer must make recruitment efforts through at least three of the following additional methods.
- Job fairs
- Employer website
- Job search website other than the employer website
- Trade or professional organization or publication
- Recruitment agency
- Employee referral program with incentives
- Campus recruitment
- Local or ethnic newspapers
- Radio or television advertisements
After these steps, if there is no Department of Labor audit, approval is generally issued within about 45 to 60 days.