JERRY C. CHANG LAW OFFICE, P. C.
6057A Arlington Blvd. (Rt.50), Falls Church, VA 22044
TEL: (703) 237-1170 FAX: (703) 534-8734

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General Information

  • Immigration Act of 1990, Immigrant Visa
  • Important Telephone Numbers and Addresses

    Immigration Act of 1990, Immigrant Visa

    Effective Date: October 1, 1991

    Visa Quota
     

    family

    employment

    transition1

    transition2

    diversity

    total

    FY92-94

    465,000

    140,000

    40,000

    55,000

    --

    700,000

    Starting FY95

    480,000

    140,000

    --

    --

    55,000

    675,000

    1for adversely affected countries
    2families of legalized aliens

    *** Visa quota for employment-based immigrants prior to Oct. 1, 1991: 3rd - 27,000; 6th - 27,000


    1. Family-Sponsored Immigrants

    1st preference: unmarried sons and daughters of citizens (23,400 plus spilldown from 4th preference)

    2nd preference: (a) spouses and minor children under 21 and (b) unmarried sons and daughters of permanent residents (114,200 visas plus excess over the 226,000 floor plus spilldown from 1st preference from 1st preference -- but at least 77% of the visas must go to spouses and minor children, 87,934 minimum) (old quota for 2nd preference: 70,200)

    3rd preference: married sons and married daughters of citizens (23,400 plus spilldown from 1st and 2nd preferences)

    4th preference: brothers and sisters of adult citizens (65,000 plus spilldown from 1st, 2nd, and 3rd preferences) (old quota for 5th preference: 64,800)

    2. Employment-Based Immigrants

    (1) "Priority Workers" (40,000 plus spilldown from categories 4 and 5)

    (a) aliens with "extraordinary ability" in arts, sciences, education, business or athletics
    Requires (i) sustained national or international acclaim, (ii) achievements recognized through extensive documentation, (iii) intent to work in that area of ability, and (iv) contribution that would "substantially benefit prospectively" the U.S. (Reserved for elite in any given field, this group requires no Labor Certification).

    (b) "outstanding" professors and researchers
    Requires(i) international recognition as outstanding in a specific field, (ii) at least 3 years experience in teaching or research in that field, and (iii) entering for a tenured or tenure track teaching position or comparable research position. (Does not discuss effect of failure to receive tenure after entry.)

    (c) certain multinational executives and managers
    Requires employment with sponsor for at least one year in the three years preceding application and intent to continue to work for that employer, its subsidiary, or affiliate.

    (2) Professionals Holding Advanced Degrees (or equivalent) and Aliens of "Exceptional Ability" (40,000 plus spilldown)
    Requires for "exceptional ability" aliens that their presence "substantially benefit prospectively" the U.S. Allows the job offer requirement to be waived by the Attorney General. Stipulates that "exceptional ability" requires more than a mere degree or license.

    (3) Skilled Workers, Professionals Holding Basic Degrees, and "Other Workers" (40,000 plus spilldown, of which only 10,000 may go to "unskilled" workers)
    Divided into (a) "skilled" workers, i.e. 2 years training/experience, not temporary or seasonal, (b) "professionals" with baccalaureate degrees, and (c) "other" workers, including "unskilled" labor that is not temporary or seasonal.

    (4) Certain Special Immigrants, e.g. ministers and religious workers (10,000 visas)

    (5) Investors, with $1 million in capital and who employ 10 or more U.S. persons (with variations to encourage investment in targeted areas) (10,000 visas, or which 3,000 are set aside for investors in targeted areas of unemployment)

    Labor Certification, is required for categories 2 and 3 workers.

    INS may waive Labor Certification requirement for "national interest" application (under E2 preference).

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    Important Telephone Numbers and Addresses

  • USIA 301 4th Street, SW
    Washington, D.C. 20547
    Tel: (202) 619-4355
    (For J visa Information)

    INS Form request lines: (800) 870-3676

    Information line: (800) 375-5283

    Vermont Service Center
    75 Lower Welden Street
    Saint Albans, VT 05479-0001
    Tel: (802)527-3160

    Washington District Office
    4420 N. Fairfax Drive
    Arlington, VA 22203

    Baltimore District Office
    Nations Bank Center
    100 South Charles, 11th Fl.
    Baltimore, MD 21201

    DOL Region III - Philadelphia
    Certifying Officer
    U.S. Department of Labor, ETA
    3535 Market Street, Room 13450
    Philadelphia, Pennsylvania 19104
    Tel: (215) 596-6363

    Virginia Employment Commission
    Alien Labor Certification, Dept. 2
    5520 Cherokee Ave., Suite 100
    Alexandria, VA 22312
    Tel: (703) 813-1303

    Department of Labor
    Licensing and Regulation
    1100 North Eutaw Street, Room 212
    Baltimore, MD 21201
    Tel: (410) 767-2059

    Visa Quota Recorded message: (202) 663-1541
    Fax: (202) 647-3000
    The Internet Web address:
    http://travel.state.gov

    Visa Office Visa Office
    Department of State
    Washington, D.C. 20522-0106
    Tel: (202) 663-1213 and (202) 647-4000

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    Copyright © 1998 Jerry C. Chang Law Office, P.C.