Permanent Residence through Employment

Professionals without an Advanced Degree

• You must hold a Foreign Equivalent to a United States Bachelor Degree. No advance degree is necessary and the Bachelor's degree must not necessarily be in the field of the offered employment.
• (OR) You must hold a Degree that is normally required for this profession.
• If so, you must be in the position to prove that you are recognized as a professional of that profession.
• You must be offered a full-time, permanent position in the United States.
• Your potential employer must apply for and receive approved Labor Certification from the Department of Labor that proves that no other qualified US workers are available for that employment position and the wages and working conditions offered will not adversely affect those of similarly employed United States workers.

Skilled Workers

• Skilled workers are those working in a specific field that requires certain skills and who have had at least two years of training or experience. This classification does not include temporary or seasonal employment.
• You must have evidence of two years of training or experience. This may be met through relevant post-secondary education.
• You must be offered a full-time, permanent position in the United States.
• You must be filling a position that requires 2 years of training or experience.
• Your potential employer must apply for and receive approved Labor Certification from the Department of Labor.
• Academic Credential Evaluations may be required in certain cases.

Unskilled Workers

Live-In Domestic Workers

• You must have at least one year of experience as a household domestic worker.
• You must be offered a full-time, permanent position in the United States.
• Your potential employer must apply for and receive approved Labor Certification from The Department of Labor.
• Your employer must prove that your employment as a live in household worker is a "business necessity".

Other Workers

• You may have less than two years of training or experience.
• Your job does not require two years of training or experience.
• You must have completed your training for the job prior to starting the permanent Residence application process.
• You must be offered a full-time, permanent position in the United States.
• You must be ready to wait a longer time for your visa due to the long back-log of applications already filed under this category.
• Your potential employer must apply for and receive approved Labor Certification from The Department of Labor. However Labor Certification is generally not made available for the list of jobs listed below called Schedule B occupations.
• Complete list of Schedule B Occupations

There are 3 general steps in the application process for lawful permanent residence for skilled workers. The first two steps must be initiated by your potential employer, and the last step by you and your accompanying relatives. The application procedures may be carried out either within the US at a USCIS office, or abroad at the United States consulate of your country of residence.

• The first step involves your employer who files for a Labor Certification on your behalf. The reason that you are required to do this is so that the US Government can confirm that there are no qualified US citizens available and willing to take the specific job that has been offered and that the working conditions and wages offered for the position will not have an adverse effect on the United States labor market. Therefore, you will be working with both the USCIS and the Department of Labor on this application.
• If the Labor Certification is approved, you will then have to prove that you are qualified for this particular visa. Your employer will then file an Immigrant Petition for the Alien Worker (Form I-140).
• If the Petition is approved, you will then file a formal request for lawful permanent residency or a green card application. This process can take place from the Country of Residence at the US consulate or from within the United States.

There are several factors that could impact the time it takes for the application to be approved. These factors may include, but may not be limited to: (a)Using the correct procedures when filing each type of application; and (b) quota availability. For example quotas are set by both visa type and by country, so, the country you were born in can also impact your timing.

• Get the answers you need with our Self-Help US immigration Kit.
• Read more information on eligibility requirements.