Overview

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.

  • 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.
  • 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. The Department of Labor must either grant or deny the certification request.
  • 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.
  • 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.
  • 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
  • Foreign nationals of extraordinary ability in the sciences, arts, education, business or athletics
  • Foreign national that are outstanding professors or researchers
  • 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
  • Foreign nationals of exceptional ability in the sciences, arts or business
  • Foreign nationals that are advanced degree professionals
  • 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
  • Foreign national professionals with bachelor’s degrees (not qualifying for a higher preference category)
  • Foreign national skilled workers (minimum two years training and experience)
  • Foreign national unskilled workers
EB-4 Special Immigrants
  • Foreign national religious workers
  • 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, the filing requirements differ for each of the above five categories. Generally, the EB-2 and the EB-3 categories will require a PERM to be filed and approved by the DOL. The Form I-140, Petition for Alien Worker, will have to be filed with USCIS after the PERM approval.
In general, the EB-1 classification does not require a PERM approval from DOL and the FORM I-140 can be filed directly with USCIS. Detailed 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 USCIS Service Center. Detailed filing information is provided in the instructions for Form I-360.

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.

 

CONTACT A BOARD-CERTIFIED IMMIGRATION ATTORNEY AT ADAN G. VEGA & ASSOCIATES, PLLC

We represent clients worldwide and offer consultations with an experienced Board-Certified immigration lawyer, either by telephone or at our Houston office. To schedule an appointment to talk privately with one of our experienced attorneys, call (713) 527-9606 or contact us online.