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Employment-Based
Permanent Residence (Greencard)
Introduction
Aliens can be sponsored for permanent residence in the United
States by an American employer. Approximately 140,000 employment-based
permanent residency visas are granted each year. Generally,
the alien is sponsored to fill a specific employment position
for which the employer is unable to find an American or permanent
resident to fill. These positions are specialty occupations
requiring skilled individuals. There are three employment-based
categories, each allotted 40,000 visas a year, which have
differing requirements:
A
First Employment-Based Preference ("priority workers")
The first preference category does not require labor certification
for the position the alien is going to fill. This category
is open to:
-
Managers and executives subject of international transfer
to the United States;
-
Outstanding professors and researchers with universities
or employers with established research departments;
-
Aliens of "extraordinary ability" in the sciences, arts,
education, business, and athletics.
B.
Second Employment-Based Presence
The second preference require a labor certification for the
position the alien seeks to fill. This can be waived in certain
circumstances in the national interest (i.e. medical doctors
who will work in medically under served areas). This category
is open to the following:
- Aliens
of "exceptional ability" in sciences, arts, or business;
and
- Advanced-degree
professionals.
C.
Third Employment-Based Presence
The third preference also require a labor certification for
the position the alien seeks to fill. This category is open
to the following:
- Professionals
with bachelor's degrees;
-
Skilled workers; and
-
Unskilled workers.
Requirements:
Labor
Certification
In second and third preference cases, the employer must
first get a certification from the Department of Labor that
qualified U.S. workers have been recruited for the position
and are unavailable. There are strict Department of Labor
guidelines which must be adhered to for the issuance of
a labor certification. This process can take up to sixteen
months.
Employment
The employer must be offering the alien a "permanent
position". Moreover, the employer must be able to demonstrate
that they have the ability to pay the alien's salary. The
alien must be able to demonstrate that he has the requisite
qualifications for the job at the time the papers are initially
filed. Accordingly, the employer must verify that the alien
has the credentials to meet the minimum requirements for
the offered position prior to the filing of the labor certification
application.
D.
Fifth Employment-Based Presence (Investors)
The fifth employment-based preference is set aside for alien
investors in new commercial enterprises. This category is
allotted 10,000 visas per year, and generally requires that
the investor invest or be actively in the process of investing
at least $1 million in the enterprise. This figure
can change depending on the area of the investment. For example,
an investment in a "targeted employment areas" may be as low
as $500,000 while "high employment areas" may require an investment
as high as $3 million.
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