Immigrating From New Zealand to the United States
Visas, Green Cards, and More
If you decided to move from New Zealand to the USA permanently, you need to find the right USA visa that best matches your individual case. In this article, we will discuss the most common U.S. immigration pathways for New Zealanders – Marriage-Based Green Card, EB-1A Visa for Extraordinary Ability, and EB-2 Visa for Advanced Degree or Exceptional Ability. There are certain eligibility requirements (and forms) associated with each, and the processing time can vary.
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Marriage-Based Green Card
Overview:
This visa allows a U.S. citizen or L.P.R. (lawful permanent resident) to sponsor their foreign-born spouse for a green card, granting them permanent residence in the United States.
Eligibility:
- The applicant must be married to a U.S. citizen or permanent resident (green card holder)
- The marriage must be “bona fide”; fraudulent marriages will be screened by the US government
- Previous marriage(s) should have been terminated
Required Forms:
- The I-130 (Petition for Alien Relative) is submitted by the sponsoring spouse.
- If married to a U.S. citizen and already physically present in the U.S. on a visa waiver program, the New Zealand spouse can use Form I-485 to “adjust” status.
- The DS-260 is submitted via consular processing when the spouse beneficiary wants to complete the whole process from New Zealand
- Supporting evidence includes the couple’s marriage certificate, photographs, proof of shared finances (joint expenses and income), proof of joint assets, and proof of sponsor’s immigration status
Processing Time:
- For spouses of U.S. citizens: usually 10 to 14 months.
- For spouses of green card holders: About 24 to 36 months, according to visa availability schedule
- Times can vary depending on the applicant’s location and USCIS (US Citizenship and Immigration Services) workload.
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}EB-1A Visa: For Those with Extraordinary Ability
Overview:
The EB-1A visa is for individuals with extraordinary abilities in sciences, arts, education, business, or athletics. It provides a fast track to a green card and does not require a U.S. job offer. Applicants can “self-petition” without sponsorship from a US company.
Eligibility:
- You must be able to demonstrate sustained national or international recognition in your field.
- You must meet at least 3 of 10 criteria set by USCIS, such as receiving major awards, having scholarly publications, making original contributions, or being featured in media.
- You must demonstrate that your entry into the U.S. will continue to benefit your field.
Required Forms:
- Form I-140 (Immigrant Petition for Alien Worker), which you can file in the US or while being physically present abroad
- Form I-485 (only if you have a valid nonimmigrant US visa), or Form DS-260 for consular processing (if you do not possess a US visa and want to complete the process from New Zealand)
- Proof of your extraordinary accomplishments such as receipt of worldwide, international, and/or national awards, letters from experts, mentions in the press, or peer-reviewed publications.
Processing Time:
- I-140 standard processing takes 6 to 12 months.
- Premium processing (optional) shortens this to 15 calendar days.
- Green card processing at the final stage adds 6 to 12 months.
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EB-2 Visas—Professional with Advanced Degree or Person with Extraordinary Ability
Overview:
The EB-2 visa is for a professional with an advanced degree or outstanding ability in their field. This immigration category requires a job offer from a U.S. employer and labor certification (except for those seeking an EB-2 National Interest Waiver of the labor certification requirement).
Eligibility:
- Requires at least a master’s degree or equivalent advanced degree in a related field, or a bachelor’s degree and five or more years of equivalent experience.
- Alternatively, demonstrate exceptional ability in the sciences, business, or the arts.
- NIW applicants must show that their work is of national interest and benefits the U.S. substantially.
Required Forms:
- Form ETA-9089 (PERM): Labor certification for employer-sponsored applications.
- FORM I-140: Petition for Immigrant Worker.
- Form I-485 or DS-260, depending on applicant’s location.
- Other supporting documents include your academic transcript, recommendation letters, and proof of work experience.
Processing Time:
- Labor Certification (PERM): 8-12 months.
- I-140 petition: 6 to 12 months.
- Adjustment of status or consular processing: 6 to 12 more months.
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