To obtain permanent residency in the United States through employment, foreign nationals must meet certain eligibility requirements. The most common way to obtain permanent residency through employment is through sponsorship by a United States employer. Here are the eligibility requirements:
- Job Offer: A foreign national must have a valid job offer from a U.S. employer to be eligible for permanent residency. The job must be full-time and permanent.
- Qualifications: The foreign national must have the requisite education, training, or work experience for the job. The employer must demonstrate that there are no qualified American workers to fill the job.
- Labor Certification: The employer must obtain a labor certification from the United States Department of Labor (DOL). This certification verifies that there are no qualified American workers available to fill the job and that the employment of the foreign national will not negatively impact wages and working conditions of similarly situated American workers.
- Visa Availability: The foreign national must have a visa immediately available to them at the time of filing an application for permanent residency.
- Admissibility: The foreign national must be admissible to the United States. This means that they must not have any criminal or immigration violations and meet other requirements such as passing a medical exam.
It is important to note that there are different categories and subcategories for permanent residency through employment, each with its own eligibility requirements. Additionally, there may be limited numbers of visas available in each category, so timely filing is important. It is recommended to seek the advice of an experienced immigration attorney for further guidance on specific eligibility requirements and the application process.
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