Employment Based Immigrant Visas
If you want to become an immigrant based on the fact that you have a permanent employment
opportunity in the United States, or if you are an employer that wants to sponsor
someone for lawful permanent residency based on permanent employment in the United
States, you must go through a multi-step process.
First, 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.
Second, most employment categories require that the U.S. employer complete a labor certification
request (Form ETA 750) for the applicant, and submit it to the Department of Labor's Employment
and Training Administration. Labor must either grant or deny the certification request.
Qualified alien physicians who will practice medicine in an area of the United States which
has been certified as underserved by the U.S. Department of Health and Human Services are relieved
from this requirement.
Third, USCIS must approve an immigrant visa petition, Form I-140, Petition for Alien Worker, for
the person wishing to immigrate to the United States. The employer wishing to bring the applicant
to the United States to work permanently 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.
Fourth, the 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. You can check the status
of a visa number in the Department of State's Visa Bulletin.
Fifth, if the applicant is already in the United States, he or she must apply to adjust to
permanent resident status 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.
There are four categories for granting permanent residence to foreign nationals
based upon employment
- EB-1 Priority Workers
- EB-2 Professionals with advanced degrees or person with exceptional ability
- EB-3 Skilled or Professional Workers
- EB-4 Special Immigrants
