GreenCardGuys Law Group

GREEN CARD THROUGH EB3

EMPLOYMENT-BASED IMMIGRANT SKILLED WORKERS - PROFESSIONALS AND OTHER WORKERS

Green Card Through Employment Relastionship - Houston, TX Immigration Lawyer

There are different ways to obtain permanent resident status. This is first before you can apply to become a US citizen. Depending on your employment relationship, different requirements may apply to you. You could be eligible through relationship, employer, special immigrant status, refugee or asylee, human trafficking, crime victim, victim of abuse, American Indian born in Canada, or Native Cuban.

A foreign citizen seeking to establish lawful permanent residency through employment in the United States must be a beneficiary of an approved application for permanent employment certification. In order for the application to be approved, the prospective employer must test the labor market and determine whether the position can be provided to immediately available U.S. workers.

Am I Eligible For Resident Status As A Skilled Worker?

EB3: Employment-Based Immigration – Skilled Workers – Professionals and Other Workers

You may be eligible to be classified as a skilled worker, professional, or other worker depending upon your education, skills and work experience.

Eligibility

Several immigrant visa categories are based on employment. Your education, skills and work experience are some of the factors used to determine if you are eligible for a specific type of employment-based visa.

Skilled Workers

  • You must be able to demonstrate at least two years of job experience or training, not of a temporary or seasonal nature. Relevant post-secondary education may be considered as training;
  • You must be performing work for which qualified workers are not available in the United States; and
  • A labor certification and a permanent, full-time job offer are required.

Professionals

  • You must be able to demonstrate that you earned a U.S. bachelor’s degree (or its foreign degree) related to the occupation, and that this degree is the normal requirement for entry into the occupation. Education and experience cannot be substituted for a bachelor’s degree;
  • You must be performing work for which qualified workers are not available in the United States; and
  • A labor certification and a permanent, full-time job offer are required.

Unskilled Workers (Other Workers)

  • You must be able to perform unskilled labor (requiring less than two years training or experience), that is not of a temporary or seasonal nature, for which qualified workers are not available in the United States; and
  • A labor certification and a permanent, full-time job offer are required.

Petitions for certain classifications must be filed with an original individual labor certification from the U.S. Department of Labor (DOL). 

It may sound simple, but the steps require significant time and in-depth analysis of your immigration history and the legal requirements. We recommend to speak with us as early as you are thinking about it. Do not wait until you are 100% sure you want to hire this candidate. Consult with us in the early stages. Consider as your consultant. We can save you time and stress. We keep you updated every time there is a notice from the government and new policies by the President (Executive Branch).

We are here to guide families and companies every step of the way. We offer these services as a one-time fee or monthly representation fee.

What Are Different Employment Relationships That Qualify?

IMMIGRANT WORKER

  • Are a first preference immigrant worker, meaning you:
    • Have extraordinary ability in the sciences, arts, education, business or athletics, or
    • Are an outstanding professor or researcher, or
    • Are a multinational manager or executive who meets certain criteria
  • Are a second preference immigrant worker, meaning you:
    • Are a member of a profession that requires an advanced degree, or
    • Have exceptional ability in the sciences, arts, or business, or
    • Are seeking a national interest waiver
  • Are a third preference immigrant worker, meaning you are:
    • A skilled worker (meaning your job requires a minimum of 2 years training or work experience), or
    • 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), or
    • An unskilled worker (meaning you will perform unskilled labor requiring less than 2 years training or experience)

PHYSICIAN NATIONAL INTEREST WAIVER

  • Are a physician who agrees to work full-time in clinical practice in a designated underserved area for a set period of time and also meets other eligibility requirements

IMMIGRANT INVESTOR

  • Have invested or are actively in the process of investing at least $1 million (or $500,000 in a targeted employment area) in a new commercial enterprise in the U.S. which will create full-time positions for at least 10 qualifying employees

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