U.S. Permanent Residency through Employment-Based Visa Categories: Far from Unfeasible

Written by: Taher Kameli, Esq.

Trump’s stringent immigration policy running afoul of America’s long-standing tradition of embracing immigrants is widely known across the globe. Anti-immigration policies as the centerpiece of Trump’s agenda through which U.S. major issues could allegedly be resolved have stoked concerns among foreign nationals. In such an unwelcoming climate, individuals with outstanding academic and professional profile as well as investors (qualifying for the EB-1, EB-2 NIW and EB-5 categories) may view U.S. permanent residency unachievable or unrealistic. However, the reality proves otherwise.

Donald Trump has repeatedly favored the immigration of meritorious, highly-skilled, and well-educated individuals who are best-positioned to thrive in the United States as well further enhance the U.S. economy. Addressing a press conference on January 04, 2019, Trump reiterated the significance of implementing a merit-based immigration system. Under this approach, individuals would be admitted to the U.S. based on their ability to make positive contribution to the U.S., Trump maintained.

The high rate of approved employment-based immigration petitions also reflects the U.S. tendency towards a merit-based immigration system. The acquisition of permanent residency in the United States through the employment-based category has not witnessed a decrease since Trump took office in 2017 and the opposite remains true. As for the EB-5 immigrant investor program, 11,321 out of 12,165 received petitions were approved in 2018 while this figure stood at 7,632 in 2016 (out of 14,447 received petitions). The approval rate for other employment-based petitions (other than the EB-5 program including EB-1 and EB-2 NIW) was reported 90% in 2017 as compared to 88% in 2016.

While the current immigration system is favorable for those taking advantage of employment-based visa categories, it can act to the detriment of individuals seeking to  facilitate the immigration of their family members (adult children, siblings and parents)into the United States in the future. That being so, individuals are invited to file their application with USCIS at their earliest convenience before any major changes are made.

Having successfully handled a multitude of family and employment-based cases coupled with delivering result-oriented and efficient services, the Law Offices of Kameli and Associates can assist you reunite with your beloved ones and live the life you truly deserve. For more information on our services, you may drop us a line at taher@kameli.com or 312.233.1000.

1. The suggested changes would bar adult children, siblings and parents of U.S. citizens from immigrating to the United States.