A permanent resident is a foreign national who has been authorized to live and work permanently in the United States. Below we have listed some frequently asked questions on this topic.
Q: How do I know if I am eligible to be sponsored?
Each case is unique and there are many ways to pursue permanent residency. In order to discuss your unique case please feel free to call The Margolis Law Firm for your consultation.
Q: Who is Eligible for Employment-Based Immigration?
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): this is for investors who would like to be granted immigrant status in the United States for the purpose of engaging in a new commercial enterprise.
Q: How long will my case take?
Each case is different. The entire process can take anywhere from one year to a few years.
Q: What is the PERM process and what are my alternatives to LPR status?
Most employment-based immigrant visas require the employer to complete a labor certification process, now known as PERM (Program Electronic Review Management) with the U. S. Department of Labor. Once the labor certification has been obtained through this process, the employer may file an immigrant petition for the individual with USCIS (formerly the INS) and when an immigrant visa is available for the immigrant, an application for permanent residency may be filed.
Q: Does everyone need to go through the PERM process to obtain employment based permanent residency?
No, people of extraordinary ability, religious workers, multinational executives and certain others do not need to go through the PERM process.
Q: Should I start the process now?
It is usually advantageous to begin the process as soon as possible.