The Top Ways of Obtaining Permanent Residency Status through Your Employment
If you are a foreign national looking to permanently emigrate to the United States, one of the primary ways that you can establish lawful permanent residency is with an employment-based visa, also commonly referred to as a “green card.” Under current laws, there are five different ways to obtain an employment-based visa, some of which will require that you submit a PERM (Permanent Employment Certification) or Labor Certification from the United States Department of Labor.
The EB-1 Visa or Green Card—For Persons with Exceptional or Extraordinary Abilities
This visa is available to individuals who have shown extraordinary ability in the arts, education, science, athletics or business. To meet the standard of exceptionalism, an applicant must demonstrate achievements considered outstanding by “sustained national or international acclaim.”
An applicant may seek one of three different EB-1 visas:
- The EB-1a visa is the catchall “extraordinary ability” green card, available to anyone in any of the designated fields
- The EB-1b visa provides lawful permanent residency to professors or researchers
- The EB-1c visa is available to executives or management of multinational companies
An applicant does not need to file a PERM application or labor certification to obtain an EB-1 visa.
The EB-2 Visa—For Individuals with an Advanced Degree or Exceptional Ability
A foreign graduate with an advanced degree or who has shown exceptional ability in a field of specialization may apply for this type of employment-based visa. The applicant must either hold or be applying for a position that requires an advanced degree, and must possess that degree, or its foreign equivalent, which is typically considered to be a baccalaureate degree and five years of progressive work experience. You must typically submit academic records proving your advanced degree and/or communications from foreign employers documenting that you have the necessary work experience.
An EB-2 visa for exceptional ability is generally limited to expertise in the arts, sciences or business. To show exceptional ability, you must provide evidence of at least three of the following things:
- An academic record showing learning related to your field of expertise
- A license to practice or certification for your profession or area of expertise
- Written communications from former employers showing at least 10 years of full-time experience in your field of expertise
- Membership in professional organizations related to your field of expertise
- Evidence that you have been compensated in your field of expertise in ways that demonstrate your exceptional abilities
- Recognition from peers, professional organizations or governmental entities relating to your field of expertise
- Any other evidence demonstrating exceptional ability
The EB-3 Visa—For Skilled or Unskilled Workers, including Professionals
If you don’t qualify to apply for an EB-1 or EB-2 visa, you may still be able to seek a green card by applying for an EB-3 visa. There’s typically a longer waiting period, but there are fewer requirements to qualify:
- As a skilled worker, you must provide evidence of at least two years of training, education or job experience
- As an unskilled worker, you need only show that you are able to perform unskilled labor for which qualified workers are not available in the United States. The labor must not be temporary or seasonal in nature.
- As a professional, you must first show that you have the necessary academic degree to practice in your profession. You must also show that you will be performing work for which qualified applicants are unavailable. A full-time job offer is mandatory, and you must submit a labor certification.
Contact the Experienced Immigration Law Attorneys at Bailey & Galyen
At the law office of Bailey & Galyen, we understand the challenges you can face as a foreign national seeking lawful permanent residency in the United States. We have a comprehensive understanding of the American immigration laws and have helped countless others obtain a green card. We offer a free initial consultation to every client. To speak with a proven and effective immigration lawyer, contact us by e-mail or 844-402-2992 call our offices at one of the convenient locations listed below. We will take your call 24 hours a day, seven days a week.
