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Immigrant Visas
(Permanent Residency / Greencard)

Obviously, not all foreign nationals qualify for Permanent Resident status. Therefore, the first analytical step of a case is to determine whether the applicant's situation/basic fact pattern falls within any of the situations enumerated in the law for the acquisition of Permanent Resident status.

Pathway #1 Family-Based Immigration
Pathway #2 Employment-Based Immigration
  EB-1
  EB-2, Labor Certification
  EB-3, Labor Certification
  EB-4
  EB-5
Pathway #3 Refugee/Asylum: Fear of Persecution
Pathway #4 The Diversity Lottery Program
Pathway #5 Various Special Programs

 

Pathway #2 : Employment-Based Immigration - EB-3

This category, also called the catch-all category, covers aliens who are professionals with a baccalaureate degree, skilled workers with at least two years of experience and unskilled workers with less than two years experience, who can perform labor for which qualified workers are not available in the United States.

  1. Professionals with a Baccalaureate Degree

    For this group, the alien must hold a U.S. bachelor’s degree or its foreign equivalent, the job must require a minimum of a bachelor’s degree and he/she must be a member of the profession.
    The petition which must be filed on INS Form I-140, must be accompanied by:

    • An official record from the college/university showing the date the degree was conferred and the area of study.
    • Evidence that a degree is required for that particular job.
    • Evidence that the alien is a member of the profession by virtue of his/her education and experience
    • Labor Certification from the DOL

  2. Skilled Workers are defined as those who are capable of performing skilled labor and have at least two years of training or experience.

    A person who lacks a bachelor’s degree, but has enough experience to virtually be a professional, may apply for immigration under this group. To be classified as a professional under INS rules, three years of experience is equivalent to one year of education, whereas the DOL holds that one year of experience is equivalent to one year of education. Either way, a minimum of two years is required for entry without a degree.

  3. Unskilled Workers are defined as those who are capable of carrying out unskilled labor that requires less than two years of training or experience. This group has very few visas assigned to it and may take many years for the application to be approved.

    For both skilled and unskilled workers, the employer must file the petition on INS Form I-140. This must be accompanied by a labor certification as well as evidence to show that the alien meets the educational, training or experience requirements.

NOTE: Immigration law changes frequently. The resources and information provided on this web site are intended to help you understand basic issues involved in the immigration process, and are offered only for general informational and educational purposes. This information is not offered as, nor does it constitute legal advice or legal opinions. Although we strive to keep this information current, we neither promise nor guarantee that the information is the latest available, or that it applies to your specific situation. You should not act or rely upon the information in these pages without seeking the advice of an attorney.

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