Employment Based Visas

How Do I Apply For Immigrant Status Based On Employment?

An immigrant is a foreign national who is authorized to live and work permanently in the United States. You must go through a multi-step process to become an immigrant based on employment.
 
1.  The USCIS must approve an immigrant petition (application) that was filed for you, usually by an employer.

2.  In most employment categories, a U.S. employer must complete a labor certification request for you from the Department of Labor's Employment and Training Administration.

3.  The State Department must give you an immigrant visa number, even if you are already in the United States.

4.  If you are already in the United States, you must apply to adjust to permanent resident status when a visa number becomes available. If you are outside the United States when an immigrant visa number becomes available, you will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa.

What Does the Law Say?

The legal foundation for getting approval for hiring an alien worker permanently comes from the Immigration and Nationality Act (INA). For the part of the law that addresses employment-based immigrants, please see INA § 201, INA § 202, INA § 203 and INA § 204. Rules published in the Federal Register explain the eligibility requirements for individuals petitioning for employment-based immigration based on specific criteria. They are in the Code of Federal Regulations [CFR] at 8 CFR § 204.5.
 
Who is Eligible for
Employment Based Immigration?

There are five categories of employment based immigration:

First Preference (EB-1 priority workers): aliens with extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers.

Second Preference (EB-2 workers with advanced degrees or exceptional ability): aliens who are members of the professions holding advanced degrees or their equivalent and aliens who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States.

Third Preference (EB-3 professionals, skilled workers, and other workers): aliens with at least two years of experience as skilled workers, professionals with a baccalaureate degree, and others with less than two years experience, such as an unskilled worker who can perform labor for which qualified workers are not available in the United States.

Fourth Preference (EB-4 special workers such as those in a religious occupation or vocation): aliens who, for at least two years before applying for admission to the United States, have been a member of a religious denomination that has a non-profit religious organization in the United States, and who will be working in a religious vocation or occupation at the request of the religious organization.

Fifth Preference (EB-5 Employment Creation): If you would like to be granted immigrant status in the United States for the purpose of engaging in a new commercial enterprise, please see How Do I Become an Immigrant Through an Investment?.

How Do I File a Petition for Alien Worker?

A petition must be filed at the USCIS Regional Service Center that serves the area where you will work.

Getting Legal Help with a
Petition for Alien Worker

If you would like to file a Petition for Alien Workers, it is important that you speak with our experienced attorneys to discuss the facts of your case and protect your legal rights. While the circumstances of each case are different and may require different courses of action, regardless of the method chosen, the goal remains the same - to secure the best possible resolution for the client.