Who Qualifies for Employment-Based Residency?
A. You are a first-preference immigrant worker, which means you:
1) Have extraordinary ability in the sciences, arts, education, business, or athletics, or
2) Are an outstanding professor or researcher, or
3) Are a multinational manager or executive who meets certain criteria.
B. If you are a second-preference immigrant worker, which means you:
1) Are a member of a profession that requires an advanced degree.
2) Have exceptional ability in the sciences, arts, or business.
3) Are seeking a National Interest Waiver.
This waiver is available to applicants whose experience, research, studies, discoveries, or abilities may be of national benefit to the United States.
C. You are a third-preference immigrant worker, which means you are:
1) A skilled worker (meaning your job requires a minimum of 2 years of training or work experience).
2) A professional (meaning your job requires at least a U.S. bachelor's degree or a foreign equivalent, and you are a member of the profession).
3) An unskilled worker (meaning you will perform work that requires less than 2 years of training or experience).
*A labor certification is generally required for this type of process, but there are exceptions.
NOTE:
The information in this post is a general overview of the permanent residence process in the United States. IT IS NOT LEGAL ADVICE for a specific case. Every case is different, and consulting with an immigration attorney is recommended. If you need legal assistance with your case, we recommend scheduling a consultation with Attorney Jesus Reyes.