In legal terms, an immigrant is any foreign national who has authorization to live and work in the United States permanently. To become a legal immigrant of the United States, you and your employer must complete the following steps:
- The U.S. employer usually submits an immigrant petition on behalf of the candidate, who must have the approval of the United States Citizenship and Immigration Service (USCIS).
- The U.S. employer must complete a labor certification application (ETA-750) on behalf of the candidate.
- The United States Department of State shall issue to the applicant an immigrant visa number, even when he is already residing in the United States.
- Those who are already in the United States must apply for the green card (adjustment to permanent resident status) once you have your visa number. Those who are outside of the United States when you have your visa number will receive a notice from the U.S. consulate corresponding to complete the immigrant visa process.
Eligibility for employment immigration
The USCIS establishes five categories for the condition of immigration in job function, which will be listed below, from highest to lowest according to the preference. The labor certification is mandatory in the case of the EB-2 (unless the candidate obtains a national interest waiver) and EB-3. For more information, see the section “permanent Workers” on the website of the USCIS.
- EB-1. Priority workers: Skills that are rare in the field of sports, business, arts, sciences, or education; researchers and university professors outstanding; executives/business managers transferred to the united States.
- EB-2. Professionals with advanced degrees or with exceptional ability: exceptional Ability in business field, the arts or the sciences; professionals with advanced degrees; doctors practicing in areas traditionally underserved areas of the United States.
- EB-3. Skilled workers/professionals: Professionals with university degrees who do not meet the requirements for a category of higher preference; skilled workers with a minimum of two years of training and experience; and unskilled workers.
- EB-4. Special immigrants: religious Workers; employees and former government of the United States living abroad.
- EB-5. Immigrant investors: Those looking to get the green card in respect of a new business enterprise (annual limit of 10,000).
How to file a petition for a foreign worker
The employer of the foreign citizen must complete and submit an application for alien worker (form I-140) in the Regional Service Center of USCIS that serves the area where the immigrant will work. For more details on each preference immigration, including examples of documentary evidence and information about the application process, click the appropriate link below:
- EB-1. Priority workers
- EB-2. Professionals with advanced degrees or with exceptional aptitudes
- EB-3. Skilled workers/professionals
- EB-4. Special immigrants
- EB-5. Immigrant investors
How to check the Status of your Request
Please contact the USCIS office where you filed your application and be prepared to provide specific information about your request. Refer to the section “Status of my case” to check the status of your request.
How to Appeal an Adverse Decision
You can appeal if your petition for alien worker is denied. To do so, you must file a notice of appeal and the rate applicable at the Regional Service Center of the USCIS office within 33 days of receipt of the notification of refusal.
How To Get Legal Help
The application process for visas can be complicated and may involve many forms, and documentation. For that there are no problems and to guarantee a favorable result, applicants to receive a visa should contact an experienced immigration lawyer to provide them with key tips and guide you properly.
