Employment-Based Green Cards: Permanent Residency

1.  Foreign nationals and employers must determine if the foreign national is eligible for lawful permanent residency under one of USCIS’ paths to lawful permanent residency. This is a complex analysis that should be handled with care. Please contact Randall Law PLLC to set up a consultation to determine whether the foreign national is eligible for employment-based lawful permanent residence.

2.  Most employment categories require that the U.S. employer complete a Labor Certification request with the U.S. Department of Labor to show that there are not enough U.S. workers who are able, willing, qualified, and available in the geographic area where the immigrant is to be employed and that no American workers are displaced by foreign workers. The labor certification process is commonly known as PERM. There are certain categories that waive the PERM Labor Certification requirement such as National Interest Waiver (NIW), Extraordinary Ability, Outstanding Professor of Researcher and Multinational Manager and Executive.

3.  USCIS must approve an immigrant visa petition for the person wishing to immigrate to the United States.  Some applications require a permanent position and others do not.  Some require the employer to petition for permanent resident status other categories allow the individual to self-petition.

4.  The U.S. 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.

5.  If the applicant is already in the United States, he or she must apply for adjustment of status to become a lawful permanent resident after a visa number becomes available.  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 abroad.3.  USCIS must approve an immigrant visa petition for the person wishing to immigrate to the United States.  Some applications require a permanent position and others do not.  Some require the employer to petition for permanent resident status other categories allow the individual to self-petition.

Employment First Preference (EB1)

• Priority Workers receive 28.6 percent of the yearly worldwide limit. All Priority Workers must be the beneficiaries of an approved Form I-140, Immigrant Petition for Foreign Worker, filed with USCIS.

Employment Second Preference (EB2)

• Professionals Holding Advanced Degrees, or Persons of Exceptional Ability in the Arts, Sciences, or Business receive 28.6 percent of the yearly worldwide limit, plus any unused Employment First Preference visas.

Employment Third Preference (EB3)

• Skilled Workers, Professionals Holding Baccalaureate Degrees and Other Workers receive 28.6 percent of the yearly worldwide limit, plus any unused Employment First and Second Preference visas.