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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.
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First, foreign nationals and
employers must determine if
the foreign national is
eligible for lawful permanent
residency under one of CIS'
(US Citizenship and
Immigration Services)
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.
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
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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
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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
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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
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Foreign national religious
workers
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Employees and former
employees of the U.S.
Government abroad
EB-5 Immigrant
Investors
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.
Who is eligible for
EB-5 Immigrant Visas?
In general, "eligible EB-5
category immigrants" include
those:
- Who establish a new
commercial enterprise by:
- creating an original
business;
- purchasing an existing
business and simultaneously
or subsequently
restructuring or
reorganizing the business
such that a new commercial
enterprise results; or
- expanding an existing
business by 140 percent of
the pre-investment number
of jobs or net worth, or
retaining all existing jobs
in a troubled business that
has lost 20 percent of its
net worth over the past 12
to 24 months; and
- Who have invested -- or
who are actively in the
process of investing -- in a
new commercial enterprise:
- at least $1,000,000, or
- at least $500,000 where
the investment is being
made in a "targeted
employment area," which is
an area that has
experienced unemployment of
at least 150 per cent of
the national average rate
or a rural area as
designated by OMB; and
- Whose engagement in a new
commercial enterprise will
benefit the United States
economy and:
- create full-time
employment for not fewer
than 10 qualified
individuals; or
- maintain the number of
existing employees at no
less than the
pre-investment level for a
period of at least two
years, where the capital
investment is being made in
a "troubled business,"
which is a business that
has been in existence for
at least two years and that
has lost 20 percent of its
net worth over the past 12
to 24 months.
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 CIS
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.
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