To obtain permanent residency in the United States as a highly skilled worker, individuals must first obtain a job offer from a U.S. employer who is willing to sponsor them for an employment-based immigrant visa. There are several categories of employment-based immigrant visas that are relevant for highly skilled workers, including the EB-1, EB-2, and EB-3 visas.
The EB-1 visa is available for individuals with extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors or researchers; and multinational executives or managers. The EB-2 visa is available for individuals with advanced degrees or exceptional abilities in the sciences, arts, or business, while the EB-3 visa is available for skilled workers, professionals, and other workers.
Once a job offer has been secured, the employer must submit a labor certification application to the Department of Labor (DOL) to demonstrate that there are no U.S. workers who are able, willing, qualified and available to take the position. After receiving approval from the DOL, the employer must file a Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS).
If the I-140 petition is approved, the next step is to apply for an immigrant visa or adjust status to permanent resident status. The availability of immigrant visas is subject to annual numerical quotas and country caps, which can result in significant wait times for certain categories of workers from certain countries. In addition, there are a number of grounds of inadmissibility that may make an individual ineligible for permanent residency, such as criminal convictions or certain health issues.
In order to increase their chances of success and minimize potential delays or issues, it is recommended that highly skilled workers consult with an experienced immigration attorney who can guide them through the process and address any potential issues or exceptions that may arise.
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