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How do I get a green card through employment?
- 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 INS'
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, 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 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
- 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
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.
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 INS 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 INS 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.
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:
The above information has been obtained from INS and was last modified on 11/4/2002
Copyright © 1999-2002 American Immigration LLC, ILW.COM
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