Adjustment of status
or consular processingImmigrant Visas
Immigrant visas allow companies to employ foreign workers in the U.S. on a permanent basis. This allows individuals to obtain Lawful Permanent Residence in the United States through their employment. It may also be possible for an employer to sponsor an employee who is in the U.S. on a non-immigrant visa for Permanent Residency.
As explained on the USCIS website, the process involves five steps:
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
The four preference categories that an immigrant worker can fall into in order to be eligible for immigration through employment are:
EB-1 Priority workers: Foreign nationals of extraordinary ability in the sciences, arts, education, business or athletics, foreign national that are outstanding professors or researchers, and foreign nationals that are managers and executives subject to international transfer to the United States.
EB-2 Professionals with advanced degrees or persons with exceptional ability: Foreign nationals of exceptional ability in the sciences, arts or business, foreign nationals that are advanced degree professionals, and qualified alien physicians who will practice medicine in an area of the U.S. which is underserved.
EB-3 Skilled or professional workers: Foreign national professionals with bachelor's degrees (not qualifying for a higher preference category), foreign national skilled workers (minimum two years training and experience), and some foreign national unskilled workers.
EB-4 Special Immigrants: Foreign national religious workers, employees and former employees of the U.S. Government abroad.
The process has many steps and requires work with various federal agencies. It is important to consult with an attorney to avoid mistakes as you apply for Permanent Residency through employment.
The links to the left will provide you with more information about specific areas of the immigration process. We invite you to navigate them, and to contact us for a free initial consultation about your case.
