An immigrant is a foreign national who has been authorized to live and work permanently in the United States. The following process outlines the steps required for those seeking United States Immigrant status.
- The U.S. employer must complete a Labor Certification Request Form for the applicant, and submit it to the Department of Labor’s Employment and Training Administration.
- The Department of Labor must either grant or deny the certification request. Qualified 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.
- USCIS must approve an immigrant visa petition, Petition for Alien Worker, for the person wishing to immigrate to the United States. The employer who is bringing the applicant to the United States to work permanently will file this petition.
- If a Department of Labor Certification is needed, the application can only be filed after the Certification is granted. The employer is considered the sponsor for the applicant.
- The State Department will issue the applicant an immigrant visa number. When the applicant receives this immigrant visa number, it means that an immigrant visa has been assigned to the applicant.
- If the applicant is already in the United States, he/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/she will be notified and must complete the process at his/ her local U.S. consulate office.
There are four categories for granting permanent residence to foreign nationals based upon employment:
- Foreign nationals of extraordinary ability in the sciences, arts, education, business or athletics
- Foreign nationals 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
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 Immigrant religious worker
- As a minister or priest of the religious denomination
- In a professional capacity in a religious vocation or occupation for the religious organization (a professional capacity means that a U.S. baccalaureate degree or foreign equivalent is required to do this job)
- In a religious vocation or occupation for the religious organization or its nonprofit affiliate. (A religious vocation means a calling or devotion to religious life. Taking vows can prove that you have a calling to religious life. A religious occupation is an activity devoted to traditional religious functions. Examples of religious occupations include (but are not limited to: cantors, missionaries, and religious instructors.)
A Green Card allows an individual to live and work permanently in the U.S. For a free consultation, please fill out the web consultation form or call 312.588.0466.