Nearly 140,000 permanent residences are available for people whose job skills are needed to fill gaps or needs in the United States workforce.
The foreign worker needs to receive a job offer from a United States employer.
Unless you have extraordinary or exceptional abilities or it is in the national interest.
The employer must (with some exceptions) be willing to sponsor the foreign worker to obtain permanent residence.
It may include a process called ‘Labor Certification’, which involves carrying out a hiring process.
EB-1 PRIORITY WORKERS
GENERAL REQUIREMENTS
Submitting an application through this category may in certain cases be easier than in the rest, because the employer does not need to begin seeking labor certification on behalf of the foreign worker.
Workers with extraordinary abilities do not need a job offer.
The foreigner must demonstrate any of the following skills:
Extraordinary ability in science, the arts, education, business, or athletics.
Demonstrate international recognition for outstanding achievements in a particular academic field.
Be an executive, employed outside the United States in the 3 years prior to the petition for at least 1 year by a multinational company or corporation and must be seeking to enter the United States to continue activities with that company or organization.
SECOND PREFERENCE EB-2
GENERAL REQUIREMENTS
Professionals with advanced university degrees and people with exceptional abilities in science, arts or business.
To be eligible in this category, the foreign national must come to the United States specifically to work full-time in the field of specialization.
With limited exceptions, the foreign national must have a permanent and definitive job offer from a United States employer.
Labor certifications are typically required for this category (some exceptions exist).
THIRD PREFERENCE EB-3
GENERAL REQUIREMENTS
A permanent full-time job offer and labor certification or,
Possess a profession ‘Schedule A’ Work List.
Group I: Physiotherapists, Professional Nurses.
Group II: Exceptional Ability in the Arts or Sciences.
Statement: The concepts explained should not be taken as legal advice, it is a compendium of public information from the INA.
In all cases, consultation with an attorney is recommended to determine your eligibility. At Immigration Document Preparers, we limit ourselves to submitting forms to USCIS correctly based on the information that the client provides us. We do not give advice or legal advice.
