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How
Do I Apply for Immigrant Status Based on Employment?
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.
1) The INS must approve an immigrant
petition (application) that was filed for you, usually by an employer.
2) In most employment categories, a U.S. employer must complete a
labor certification request (ETA 750) for you from the Department
of Labor's Employment and Training Administration.
3) The State Department must give you an immigrant visa number, even
if you are already in the United States.
4) 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.
What
Does the Law Say?
The legal foundation for getting approval for hiring an alien worker
permanently comes from the Immigration and Nationality Act (INA).
Rules published in the Federal
Register explain the eligibility requirements for individuals
petitioning for employment-based immigration based on specific
criteria. They are in the Code of Federal Regulations.
Who
is Eligible for Employment Based Immigration?
There are five categories of employment based immigration:
ˇ First Preference (EB-1
priority workers): aliens with extraordinary ability, outstanding
professors and researchers, and certain multinational executives and
managers.
ˇ 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.
ˇ 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.
ˇ 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.
ˇ 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? .
How
Do I File a Petition for Alien Worker?
An INS Form I-140
(Petition for Alien Worker) must be
filed at the INS 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.
For
EB-4 special workers (those in a religious occupation or vocation),
you or your employer must file INS
FORM I-360 (Petition for Amerasian, Widow(er), or Special immigrant)
at the INS Regional Service Center that serves the area where you
will work.
How
Can I Find Out the Status of My Petition?
Please contact the INS office that received your application.
You should be prepared to provide the INS staff with specific
information about your application.
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 INS 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.
Can
Anyone Help Me?
If advice is needed, you may contact the INS District Office
near your home for a list of community-based, non-profit
organizations that may be able to assist you in applying for an
immigration benefit.
How Do I Become a Lawful Permanent Resident While in the United States?
How do I bring my brother/sister to the United States?
How Do I Bring My Children to Live in the United States?
How do I bring my Fiancé(e) to the United States?
How Do I Bring My Parents to Live in the United States?
How Do I File an Affidavit of Support?
How Do I Get a Work Permit?
How Do I Replace My Permanent Resident Card?
US IMMIGRATION GLOSSARY AND ACRONYMS
Sourced
from the US Department of Justice – Immigration and Naturalization
Service
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