How to Get a Permanent Residency Visa in the US through Employment - US Employment-Based Permanent Residency Types
Do you want to Migrate To America?
Do you know you can get a Permanent Residency Visa in the US through Employment?
Workers that apply for permanent residence in the US are classified into five different categories. Some of these categories require you to already have a job offer as your employer needs to petition for you (form I-140). In most cases, you will also need a labor certification (ETA 9089). In it, your employer will need to prove that
- no other US worker with appropriate qualifications and salary expectations was willing to fill your position
- hiring you will not affect the wages of the rest of the employees
US Employment-Based Permanent Residency Types
First Preference EB-1
Eligible applicants:
- Individuals with extraordinary ability (outstanding entertainers, sportsmen, or businessmen)
- Outstanding professors and researchers
- Multinational managers or executives
The US permanent residence visa EB-1 eligibility requirements:
- Provide evidence of widely recognized achievements in the field (extraordinary ability).
- International recognition of outstanding achievements and three years of experience teaching or researching the appropriate academic field (professors and researchers).
- Three years of employment (in a management or executive position) before entering the US, with at least one year at the company the applicant is seeking to continue working for when in the US (managers and executives).
The necessary application documents:
- In case of extraordinary ability, you can petition for yourself by filing form I-140.
- If you are seeking permanent residence in the US as a professor, researcher, executive, or manager, your employer will need to petition for you by filing form I-140.
Second Preference EB-2
The US permanent residence visa EB-2 eligibility requirements:
- The job must require an advanced degree and you need to have it; or
- You must show exceptional ability in your field; or
- Be eligible for a National Interest Waiver.
People who show exceptional abilities in their field and whose employment would benefit the US can apply for a National Interest Waiver. That means that their Labor Certificate would be waived as their work is advantageous to the country.
You are eligible for the waiver if you meet at least three of the following criteria:
- Have a certificate of exceptional abilities from an educational institution.
- Own a license or a certificate that allows you to practice your occupation.
- Have ten years of experience in your occupation.
- Have received salaries or other payments for your exceptional abilities.
- Is a member of a professional association
- Have received recognition for your achievements from your peers, business organizations, or the government.
- Other comparable evidence of eligibility.
The necessary application documents:
- Your employer will need to petition for you by filing form I-140.
- Unless you qualify for a National Interest Waiver, you will need to obtain a Foreign Labor Certification (ETA 9089).
Third Preference EB-3
Eligible applicants:
- Professionals (accountants, engineers, teachers, etc.)
- Skilled workers (cooks, mechanics, drivers, etc.)
- Unskilled workers (waiters, janitors, factory workers, etc.)
The US permanent residence visa EB-3 eligibility requirements:
- The US baccalaureate or an equivalent foreign degree allows you to do a job that other qualified US workers are unavailable for (professionals).
- Two years of job experience or training that allows you to do a job that other qualified US workers are unavailable for (skilled workers).
- The ability to perform unskilled work of permanent and unseasonal nature that requires less than two years of training for which other qualified US workers are unavailable (unskilled workers).
- A full-time job offer.
The necessary application documents:
- Obtain a Foreign Labor Certification (ETA 9089).
- Your employer needs to petition for you by filing form I-140.
Fourth Preference EB-4
Eligible applicants:
- Broadcasters
- Armed Forces members
- Ministers of religion
- G-4 or NATO employees and their family members
- International employees of the US government aboard
- Special immigrant juveniles
- Panama Canal Zone employees
- Certain physicians
The necessary application documents:
- Your employer needs to petition for you by filing form I-360.
Fifth Preference EB-5
Eligible applicants are entrepreneurs who:
- Invest 1 million USD into a general US enterprise or 500,000 USD into an enterprise in a rural or a highly unemployed area; and
- Create full-time positions for at least ten employees.
The necessary application documents:
- You need to petition for yourself by filing form I-526.