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How Do I Become an Immigrant 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.
- The USCIS must approve an immigrant petition (application)
that was filed for you, usually by an employer.
- In most employment categories
(See EB-2 and EB-3 eligibility and filing information below),
a U.S. employer must complete a
labor
certification request (ETA 750) for you from the Department
of Labor's Employment and Training Administration.
- The State Department must give you an immigrant visa number,
even if you are already in the United States.
- 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.
- Need Help? Call us at -
California (916)-669-0649
Florida (239)-643-5529
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?.
- Need Help? Call us at -
California (916)-669-0649
Florida (239)-643-5529
How Do I File a Petition
for Alien Worker?
A USCIS Form I-140 (Petition for Alien Worker) must be filed
at the USCIS Regional Service Center that serves the area where
you
will work. Detailed information is provided in the instructions
for Form I-140. Filing requirements differ for each category.
Please see the appropriate link to Eligibility and Filing for
each preference.
For EB-4 special workers (those in a religious occupation or vocation),
you or your employer must file USCIS Form I-360 (Petition for Amerasian,
Widow(er), or Special immigrant) at the USCIS Regional Service
Center that serves the area where you will work.
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