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Lawful Permanent Residence

Employment Based Immigrant Visa Categories

The Immigration Act of 1990 dramatically restructured the employment-based ("EB") immigrant visa categories. There are currently three common preference categories for employment based immigration: First Preference - priority workers including workers of extraordinary ability, outstanding professors and researchers, and multinational executives/managers (akin to the L-1A nonimmigrant visa classification) (EB-1); Second Preference - workers with advanced degrees and those of exceptional ability (EB-2); and Third Preference - professionals, skilled workers, and other workers (EB-3).

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Click here for a related USCIS article.

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Permanent Resident Status Through the Labor Certification Process

With certain exceptions, aliens who come to the U.S. to reside permanently must have a job offer which the U.S. Secretary of Labor has certified will neither displace qualified U.S. workers nor adversely affect wages and working conditions. Certification is obtained by an employer who files an Application for Alien Employment Certification on behalf of a foreign national employee. The following articles provide a very general outline of one of the most complex areas of immigration law, labor certification.

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Click here for a related Department of Labor article


Affidavit of Support

Frequently, aliens applying for permanent residence status in the United States must fulfill financial requirements in order to insure that they will not become public charges. These requirements are generally met through the filing of a legally binding document known as an "Affidavit of Support."

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Click here for a related U.S. Citizenship and Immigration Services article

 




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