Immigration Law

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Employment-based immigration: Are you eligible?

There are various ways of obtaining permanent resident status in the US, and one of them is through employment. However, not all jobs are considered eligible.

Therefore, getting an offer does not necessarily mean that you will secure permanent residence. Outlined below are some of the key considerations that go into approving an employment-based application for residence.

Preferences are given to specific jobs

Given the demand for permanent residence in the US and the need to prioritize some jobs, preference is given to certain occupations. There are five categories as detailed below in order.

  • Initial preference is given to priority workers with extraordinary skills in the arts, education, or sciences sustained through international acclaim or recognition. This may also include exceptional researchers or professors and some multinational managers.
  • Professionals that hold an advanced degree or have exceptional ability. You may have to provide supporting documentation such as academic records, a license to practice, or a membership in a professional association, among others.
  • Skilled or unskilled workers whose jobs are not temporary or seasonal and require a maximum of two years of training and professionals who meet academic requirements are eligible under the third category.
  • Special immigrants are given fourth preference. They include, among others, religious workers, certain broadcasters, and members of the US armed forces.
  • The fifth and final preference consists of immigrant investors. These are individuals who are in the process of investing or have invested at least $1 million, or $500,000 in targeted areas of employment, in a US enterprise that will create at least ten full-time employees.

What you need to know

Even if you are eligible for permanent residence, approval is not immediate. Any mistake you make in your application can derail or delay your plans, so you need to be well-informed before taking any steps towards obtaining permanent residence. With the proper knowledge, you will have all the paperwork ready and be prepared for anything that may come up.

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