EMPLOYMENT-BASED IMMIGRATION

U.S. immigration law permits foreign nationals to get a green card through employment in the United States. If you have the right combinations of skills, education, and/or work experience and are otherwise eligible, you may be able to live permanently in the United States.

There are five categories of employment-based green cards: EB-1, EB-2, EB-3, EB-4, and EB-5. Each of the categories has unique requirements. Some immigrant visa preferences require you to have a job offer from a U.S. employer, who will be considered your sponsor. Such employer must obtain an approved labor certification from the U.S. Department of Labor before submitting an immigration petition to USCIS. The DOL labor certification verifies that there are insufficiently available, qualified, and willing U.S. workers to fill the position being offered and hiring a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.

It is important to note that foreign nationals who have extraordinary or exceptional skills can “self-petition” for themselves without any job offer from a U.S. employer.

 

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