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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 CIS must approve an immigrant
petition (application) that was filed for you, usually
by an employer.
- In most employment
categories, a U.S. employer must complete a labor
certification request (ETA 750) for you.
- 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.
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.
How
Do I File a Petition for Alien Worker?
A form I-140 must be filed at the CIS 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 CIS Form I-360
(Petition for Amerasian, Widow(er), or Special immigrant) at the CIS Regional Service Center that serves the area where you will work.
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