Employment Based Immigration

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 employment immigration categories (see below).

Second, most employment categories require that the US employer complete a labor certification request (Form ETA 9089) for the applicant, and submit it to the US Department of Labor (DOL)'s Employment and Training Administration. DOL 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 US Department of Health and Human Services are relieved from this requirement. You may wish to read more about this program.

Third, US Citizenship and Immigration Services (USCIS, formerly INS) 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 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 US Department of State (DOS) 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 DOS' 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 US consulate office.

ELIGIBILITY

There are five categories for granting permanent residence to foreign nationals based on employment skills.

EB-1 Priority workers:
1. Foreign nationals of extraordinary ability in the sciences, arts, education, business or athletics
2. Foreign national that are outstanding professors or researchers
3. 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:
1. Foreign nationals of exceptional ability in the sciences, arts or business
2. Foreign nationals that are advanced degree professionals
3. Qualified alien physicians who will practice medicine in an area of the U.S. which is underserved

EB-3 Skilled or professional workers:
1. Foreign national professionals with bachelor's degrees (not qualifying for a higher preference category)
2. Foreign national skilled workers (minimum two years training and experience)
3. Foreign national unskilled workers

EB-4 Special Immigrants:
1. Foreign national religious workers
2. Employees and former employees of the U.S. Government abroad

EB-5 Immigrant Investors: - This category is comprised of investors who will create at least 10 US jobs by investing in a new commercial enterprise benefiting the US economy. The minimum required investment is $1 million, though it may be as little as $500,000 if the investment is in a rural area, or an area of high unemployment. To avoid fraud, investors are accorded only conditional permanent residence status for two years, after which a review of the investment will be undertaken.

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