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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 USCIS must approve an immigrant petition (application)
that was filed for you, usually by an employer.
- In most employment categories (See EB-2 and EB-3 eligibility
and filing information below), a U.S. employer must complete
a labor certification request (ETA 750) for you from the Department
of Labor's Employment and Training Administration.
- 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.
- Need Help? Call us at -
Orlando, FL (407)-574-7024
Naples, FL (239)-643-5529
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,
please see How Do I Become an Immigrant Through an Investment?.
- Need Help? Call us at -
Orlando (407)-574-7024
Naples (239)-643-5529
How Do I File a Petition for Alien Worker?
A USCIS Form I-140 (Petition for Alien Worker) must be filed at the USCIS
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 USCIS Form I-360 (Petition for Amerasian,
Widow(er), or Special immigrant) at the USCIS Regional Service
Center that serves the area where you will work.
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