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An
immigrant (also called a "lawful permanent resident")
is a foreign national who has been granted the privilege of permanently
living and working 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,
you must go through a multi-step process:
- You must
be eligible for lawful permanent residence
based on employment
- The U.S. Citizenship and Immigration Services (USCIS) must approve an immigrant visa
petition, usually Form
I-140, Petition for Alien Worker, for you (filing requirements
differ for each employment category, so be sure to click your
appropriate category below for more details). Your employer 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.
- The State
Department must give you an immigrant
visa number, even if you are already in the United States.
When you receive an immigrant visa number, it means that an immigrant
visa has been assigned to you.
Who
is Eligible?
There are five categories of employment-based immigration.
Please click on the category title for more detailed information:
EB-1
Priority workers
(First
Preference)
- Extraordinary
ability in the sciences, arts, education, business or athletics
- Outstanding
professors and researchers
- Certain multinational
executives and managers
EB-2 Professionals with advanced degrees or persons
with exceptional ability
(Second
Preference)
- Members of
the professions holding advanced degrees or their equivalent
- Exceptional
ability in the sciences, arts or business
EB-3 Skilled or professional workers
(Third
Preference)
- Professionals
with a baccalaureate degree (not qualifying for a higher preference
category)
- Skilled workers
(minimum two years training and experience)
- Other workers
(requiring less than two years' training or experience)
EB-4 Special Immigrants
(Fourth
Preference)
EB-5
Immigrant Investors, Entrepreneurs
(Fifth Preference)
- Employment
creation, capital investment, commercial enterprise
Preference Categories & Visa Numbers
If
your immigrant visa petition is approved, you must wait for an immigrant visa number to become available according to the preference
system, a
method of distributing the limited number of immigrant visa numbers
available each year.
How Do I
Apply?
Filing requirements differ for each category. Please see the appropriate
link:EB-1, EB-2, EB-3,
EB-4, EB-5.
Checking
My Application Status
Contact
the USCIS office that received your application,
and be prepared to provide specific information (see Checking
the Status of My Case).
How Can I Appeal?
If your Petition for Alien Worker is denied, the denial letter
will tell you how to appeal. Generally, you may file a Notice of
Appeal along with the required fee at the appropriate USCIS
Regional Service Center within 33 days of receiving
the denial. Once the fee is collected and the form is processed
at the Service Center, the appeal will be referred to the Administrative
Appeals Unit in Washington, D.C. Sending the appeal and fee directly
to the AAU will delay the process. For more information, see Appealing
the Denial of My Petition or Application.
HELP!
- For assistance
in your country, contact the nearest
U.S. Consulate
- For assistance
within the U.S., contact your nearest
USCIS District Office or Sub Office.This link provides telephone
numbers, addresses, directions, office hours, local filing procedures,
and more.
- In the U.S.,
you may also call the national USCIS toll-free information service
at 1-800-375-5283.
- You may also
want to seek the advice of an immigration attorney, or an immigrant
assistance organization accredited
by the Board of Immigration Appeals.
Additional
Information & Links
For more details
on labor
certification, see:
Form
ETA 750
Department
of Labor's Employment and Training Administration
For more details
on visa numbers, see:
Immigrant
Visa Numbers
For an overview of the preference system, see:
The Preference System
For more details on how to apply to adjust to permanent resident
status if you are already in the United States, see:
Becoming
a Permanent Resident (Immigrant) While in the U.S
If you want to work while your application for lawful permanent residence
is pending, see:
Obtaining a Work
Permit
If
you need to travel while your application for lawful permanent residence
is pending, see:
Have
a Pending Immigration Application?...Beware of Foreign Travel
If you would
like to become an immigrant based on a capital investment in the
U.S., see:
Investment
Immigration
Immigrant
Investor Program
If you would like to become an immigrant based on
your religious work with a religious organization in the U.S., see:
Immigrant
Religious Workers
For online forms and fee information, including fee waivers, see:
Forms,
Fees & Filing Locations
If you are outside of the United States and need information regarding
immigrating to the United States, contact your nearest U.S. Consulate:
U.S.
Consulate & Embassy Website Locator
The information
provided in this website is not legal advice and should not be interpreted
as legal advice. This website is intended to provide a basic understanding
of this information in summary form. This information may not be
comprehensive, is subject to change, and may not apply to all individual
circumstances. Any information received here should be confirmed
with the appropriate government agencies or with an attorney, particularly
as it relates to your individual circumstances. Your use of this
website indicates your agreement to be bound by our Terms
of Use.
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