US - Permanent Immigration - Employment

The United States offers a number of visas for immigrants who have already located an employer in the U.S. who would like to hire them for positions that they cannot fill with American citizens. If you want to become an immigrant based on employer sponsorship for permanent employment in the United States, or if you are an employer desiring to sponsor a foreign national for lawful permanent residency based on permanent employment in the United States, T.D. Knowles can guide you through the multi-step process.

First, foreign nationals and employers must determine if the foreign national is eligible for lawful permanent residency under one of the paths to lawful permanent residency prescribed by the Immigration and Nationality Act of 1990 (INA).
Second, most employment categories require that the U.S. employer complete a labor certification request for the applicant, and submit it to the Department of Labor's Employment and Training Administration (DOL). The DOL must either grant or deny the certification request.
Third, US Citizenship & Immigration Services (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.
Fourth, the US Department of State (DOS) must give the applicant an immigrant visa number, even if the applicant is already lawfully in the United States on temporary visa status. The assignment of an immigrant visa number, means that an immigrant visa has been assigned to the applicant within the quota for that visa category. Visa quotas may be oversubscribed, resulting in a multi-year wait for a visa number. You can check the status of a visa number in the Department of State's Visa Bulletin. Your place in line is based upon the priority date of your original DOL application.
Fifth, if the applicant is already in the United States, he or she may apply to adjust to permanent resident status after a visa number becomes available, or may leave the US and return to the country of nationality for consular processing. 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 entire process generally takes 3-4 years for immigrants from most countries, but can take longer for immigrants from China, India, Mexico, or the Philippines.

Eligibility

There are four categories for granting permanent residence to foreign nationals based upon employment:

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
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
Qualified alien physicians who will practice medicine in an area of the U.S. which is underserved. Read more about this particular program.

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)
Foreign national unskilled workers

EB-4 Special Immigrants

Foreign national religious workers
Employees and former employees of the U.S. Government abroad