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- Overview
- Eligibility
- How to Apply
- Where Do
I Apply
- Frequently
Asked Questions and Helpful Links
Overview
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.
- First, foreign
nationals and employers must determine if the foreign national
is eligible for lawful permanent residency under one of CIS' 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. 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. You may wish to read
more about
this program.
- Third, CIS 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.
You may wish to read about application
procedures on becoming a permanent resident while in the United
States.
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.
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Eligibility
There are five categories for granting permanent residence to foreign
nationals based on employment skills. If you are an employer and
are unsure which employment category applies to the foreign national
you wish to sponsor, or if you are a foreign national and want more
information on which category matches your particular situation,
click one of the employment categories:
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
EB-5
Immigrant Investors
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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. Click on the desired employment category
for more information:
If you are a foreign national wishing to immigrate to the United
States based on an offer of employment from a U.S. company click
How
do I apply for Immigrant Status Based on Employment?
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 or click here 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.
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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 that serves the area where
the immigrant will work. Detailed information is provided in the
instructions for Form I-140. Filing requirements differ for each
of the five categories. Please see the appropriate link to Eligibility
and Filing for each preference:
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 that serves
the area where the immigrant will work. For more information click
EB-4.
Click here to find the Service
Center serving your area
of the United States.
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Frequently
Asked Questions and Helpful Links
FAQs
Addition
information related to Lawful Permanent Residency that you might
need to review.
Other helpful sites you may want to visit if you:
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