Visa Applications and Adjustment of Status
Employment-Based Visas and Adjustments
A permanent labor certification issued by the Department of Labor (DOL) allows an employer to hire a foreign worker to work permanently in the United States. Through this process a person can obtain lawful permanent resident status by being employed. The employer application is initiated by the person's employer, in most cases through the PERM or labor certification process with the U.S. Department of Labor, Employment and Training Administration. Some employment categories are exempt from the labor certification process. There are five categories for employment-based permanent residency.
EB-1—Priority workers include persons of extraordinary ability in the arts, sciences, education, business, or athletics; persons of exceptional ability or with an advanced degree in the Sciences, Arts or Business; outstanding professors or researchers, and international executives and managers.
EB-2—This category includes professionals with advanced degrees or persons with an exceptional ability in the Sciences, Arts, or Business; qualified physicians practicing medicine in under-served areas of the United States.
EB-3—Skilled or professional workers are included here. Foreign nationals with bachelor's degrees who do not qualify for the higher preference categories, skilled workers with a minimum of two years training and experience, and unskilled workers.
EB-4—This category includes special immigrants who are foreign national religious workers, as well as current and former employees of the U.S. government in overseas capacities.
EB-5—Individual investors may also apply for permanent residency through an investment of $1,000,000 in new commercial enterprises that create full-time employment for at least 10 workers. Investors of $500,000 in particular targeted-employment areas also qualify.