U.S. permanent residency strategy and timing and cross-border response determine success or failure

According to the Visa Bulletin recently announced by the U.S. Department of State, the employment immigration (EB-1) and highly educated independent immigration (EB-2 NIW) categories have been completely opened, opening up a decisive opportunity for professional applicants to obtain permanent residency. In particular, as the U.S. Citizenship and Immigration Service (USCIS) flexibly applies the application criteria chart, a meaningful time has arrived to expedite the green card process for professional talents such as researchers, engineers, doctors, professors, and entrepreneurs who have been considering EB-2 NIW.
 

However, these policy opportunities do not completely guarantee the acquisition of permanent residency. In particular, when preparing to immigrate with children, the 'cross-border strategy', which involves preparing documents in Korea and coordinating local administrative procedures in the United States in real time, becomes a key variable in determining whether the accompanying children can obtain permanent residency.

Daeryun, an American lawyer at Mia Kim Law Firm (Limited), emphasized, "As the selection method for professional employment visas (H-1B) has recently been reorganized to focus on wage level, the era of obtaining residency status by relying on 'luck' as in the past is over. Rather than relying on the uncertain visa lottery, it is important to take strategic action to secure permanent residency stably and fix the age of children by taking advantage of the current opportunity that has opened the door." Below is a Q&A.

-What are the criteria for choosing the green card category that best suits your situation?
▶If you have unique achievements, you should consider EB-1A first, and if you are a highly educated person and can prove your contribution to national interest, you should consider EB-2 NIW first. On the other hand, capital-based investment immigration to the United States (EB-5) has recently emerged as a realistic alternative among parents who want to secure the stability of their children studying abroad. The current investment amount is in the range of $800,000 to $1.05 million depending on the region, but there is a strong possibility that it will increase in conjunction with the system's re-approval on September 30, so there is a need to hurry up the schedule.

-Why are ‘timing’ and ‘child age’ management key in the permanent residency procedure?
▶Now that the door is open, it is the best time to secure a work permit early by filing an adjustment of status (I-485) at the same time even before the petition is approved. The most important thing at this time is 'age lock' according to the Child Status Protection Act (CSPA). The child's age is protected by deduction for the duration of the petition review period, but the child's age is ultimately fixed to under 21 only if the application or fee payment is completed within one year from the time the door is opened. If this timing is missed, there is a risk that only children will be excluded from obtaining permanent residency, so real-time response from both Korea and the United States is essential.

-What is the impact of recent H-1B uncertainty on green card strategies?
▶As H-1B visas were reorganized to focus on wage levels and employment costs for local companies rose, uncertainty about foreign workers increased. Therefore, rather than relying on this, you should design a roadmap to move directly to permanent residency by utilizing the OPT period provided after obtaining your degree. If you are already residing in the United States, it is a practical rule to actively utilize state-level talent support programs or H-1B quota exceptions to ensure stability of stay until permanent residency is obtained.

-The most important elements that applicants must prepare practically.
▶It is more important than simply meeting the qualification requirements to build an elaborate ‘activity plan’ that can persuade the examiner. Recently, U.S. authorities have strengthened background checks and rigorously evaluated the actual contribution that applicants' capabilities will make in the United States. Selecting experts with bilingual and bicultural capabilities who can simultaneously coordinate Korea's unique corporate culture and the U.S. legal system, along with 'cross-border insight' that reinterprets achievements in Korea into the language of the U.S. market, increases the probability of success.

-What are your suggestions for minimizing the risk of rejection and increasing the success rate of the procedure?
▶It is ‘pre-screening response’ and ‘three-dimensional strategic design’ through experts. Permanent residency in the United States is a complex legal area that combines stay methods and asset management, so a mid- to long-term perspective of at least two years is required. We need to reduce our dependence on non-immigrant visas and build a roadmap linking higher education, employment, and residence based on permanent residency. The best option is to reduce administrative delays and design a stable route through a cross-border strategy from the early stage.

[View full article]
U.S. permanent residency strategy and timing, and cross-border response determine success or failure
 (Shortcut)