An immigrant
is a foreign national who has been authorized to live and work permanently in
the United States. If you want to become an immigrant based on the fact that you
have a permanent employment opportunity in the United States, or if you are an
employer that wants to sponsor someone for lawful permanent residency based on
permanent employment in the United States, you must go through a multi-step
process.
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First, foreign nationals and employers must determine if the foreign national
is eligible for lawful permanent residency under one of USCIS' paths to lawful
permanent residency.
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Second, most employment categories require that the U.S. employer complete a
labor certification request (Form ETA 750) for the applicant, and submit it to
the Department of Labor's Employment and Training Administration. Labor must
either grant or deny the certification request. Qualified alien physicians who
will practice medicine in an area of the United States which has been
certified as underserved by the U.S. Department of Health and Human Services
are relieved from this requirement.
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Third, USCIS must approve an immigrant visa petition, Form I-140, Petition for
Alien Worker, for the person wishing to immigrate to the United States. The
employer wishing to bring the applicant to the United States to work
permanently files this petition. However, if a Department of Labor
certification is needed the application can only be filed after the
certification is granted. The employer acts as the sponsor (or petitioner) for
the applicant (or beneficiary) who wants to live and work on a permanent basis
in the United States.
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Fourth, the State Department must give the applicant an immigrant visa number,
even if the applicant is already in the United States. When the applicant
receives an immigrant visa number, it means that an immigrant visa has been
assigned to the applicant. You can check the status of a visa number in the
Department of State's Visa Bulletin.
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Fifth, if the applicant is already in the United States, he or she must apply
to adjust to permanent resident status after a visa number becomes available.
If the applicant is outside the United States when an immigrant visa number
becomes available, he or she will be notified and must complete the process at
his or her local U.S. consulate office.
Eligibility
There are four
categories for granting permanent residence to foreign nationals based upon
employment:
EB-1
Priority workers
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Foreign nationals of extraordinary ability in the sciences, arts, education,
business or athletics
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Foreign national that are outstanding professors or researchers
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Foreign nationals that are managers and executives subject to international
transfer to the United States
EB-2 Professionals with advanced degrees or persons with exceptional ability
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Foreign nationals of exceptional ability in the sciences, arts or business
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Foreign nationals that are advanced degree professionals
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Qualified alien physicians who will practice medicine in an area of the U.S.
which is underserved. Read more about this particular program.
EB-3 Skilled or professional workers
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Foreign national professionals with bachelor's degrees (not qualifying for a
higher preference category)
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Foreign national skilled workers (minimum two years training and experience)
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Foreign national unskilled workers
EB-4 Special Immigrants
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Foreign national religious workers
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Employees and former employees of the U.S. Government abroad
How to Apply
If you are an
employer wishing to sponsor (or petition) for a foreign national to work in the
United States on a permanent basis, you must file Form I-140, Petition for Alien
Worker. Detailed information is provided in the instructions for Form I-140.
Filing requirements differ for each of the five categories.
The Department
of State is responsible for providing visa numbers to foreign nationals
interested in immigrating to the United States. To find out more about the
Department of State's visa process visit the Department of State website for
specific information on how to get an immigrant visa number.
To check the
status of a visa number you can review the Department of State's visa bulletin.
Where do I
apply
If you are an
employer wishing to sponsor (or petition) a foreign national to work in the
United States, a Form I-140, Petition for Alien Worker must be filed at the
USCIS Service Center. Detailed filing information is provided in the
instructions for Form I-140.
For EB-4
special workers, the foreign national or employer must file Form I-360, Petition
for Amerasian, Widow(er), or Special Immigrant, with the CIS Service Center.
Detailed filing information is provided in the instructions for Form I-360.
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