How to Obtain
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How Do I
Become an Immigrant Based on
An immigrant is a foreign national who is authorized to live
and work permanently in the United States. You must go through
a multi-step process to become an immigrant based on
- The USCIS must approve an immigrant petition
(application) that was filed for you, usually by an
- In most employment categories (See EB-2 and EB-3
eligibility and filing information below), a U.S. employer
must complete a labor certification request (ETA 750) for
you from the Department of Labor's Employment and Training
- The State Department must give you an immigrant visa
number, even if you are already in the United States.
- If you are already in the United States, you must apply
to adjust to permanent resident status when a visa number
becomes available. If you are outside the United States
when an immigrant visa number becomes available, you will
be notified to go to the local U.S. consulate to complete
the processing for an immigrant visa.
We can handle most immigration cases n
o matter where you live or
Eligible for Employment Based
There are five categories of employment based immigration:
- First Preference (EB-1 priority
workers): aliens with extraordinary ability, outstanding
professors and researchers, and certain multinational
executives and managers.
- Second Preference (EB-2 workers with
advanced degrees or exceptional ability): aliens who are
members of the professions holding advanced degrees or
their equivalent and aliens who because of their
exceptional ability in the sciences, arts, or business will
substantially benefit the national economy, cultural, or
educational interests or welfare of the United States.
- Third Preference (EB-3 professionals,
skilled workers, and other workers): aliens with at least
two years of experience as skilled workers, professionals
with a baccalaureate degree, and others with less than two
years experience, such as an unskilled worker who can
perform labor for which qualified workers are not available
in the United States.
- Fourth Preference (EB-4 special
workers such as those in a religious occupation or
vocation): aliens who, for at least two years before
applying for admission to the United States, have been a
member of a religious denomination that has a non-profit
religious organization in the United States, and who will
be working in a religious vocation or occupation at the
request of the religious organization.
- Fifth Preference (EB-5 Employment
Creation) If you would like to be granted immigrant status
in the United States for the purpose of engaging in a new
commercial enterprise, please see How Do I Become an
Immigrant Through an Investment?
- How Do
I File a Petition for Alien
A USCIS Form I-140 (Petition for Alien Worker) must be
filed at the USCIS Regional Service Center that serves the
area where you will work. Detailed information is provided
in the instructions for Form I-140. Filing requirements
differ for each category. Please see the appropriate link
to Eligibility and Filing for each preference.
For EB-4 special workers (those in a religious occupation or
vocation), you or your employer must file USCIS Form I-360
(Petition for Amerasian, Widow(er), or Special immigrant) at
the USCIS Regional Service Center that serves the area where
you will work.