Immigration Through a Family Member Immigration through the Legal Immigration Family Equity Act (LIFE) Immigration Through Investment Immigration Through "The Registry" Provisions of the Immigration and Nationality Act How Do I Become a Permanent Resident While in the United States? Eligibility Information: Becomeing a Lawful Permanent Resident While in the United States Application Procedures: Becoming A Permanent Resident While in the United States Immigration Through the Diversity Lottery Immigration Through Employment How Do I Apply for Immigrant Status Based on Employment? EB-1 Eligibility and Filing Information: aliens with extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers. EB-2 Eligibility and Filing Information: Workers with advanced degrees or exceptional ability. EB-3 Eligibility and Filing Information: Professionals, skilled workers, and other workers EB-4 Eligibility and Filing Information Special workers such as those in a religious occupation or vocation.

Immigration through a Family Member

Overview and Process
A lawful permanent resident is a foreign national who has been granted the privilege of permanently living and working in the United States. If you want to become a lawful permanent resident based on the fact that you have a relative who is a citizen of the United States, or a relative who is a lawful permanent resident, you must go through a multi-step process.
The USCIS must approve an immigrant visa petition, I-130 Petition for Alien Relative, for you. This petition is filed by your relative (sponsor) and must be accompanied by proof of your relationship to the requesting relative.
The Deparment of State must determine if an immigrant visa number is immediately available to you, the foreign national, even if you are already in the United States. When an immigrant visa number is available, it means you can apply to have one of the immigrant visa numbers assigned to you. You can check the status of a visa number in the Department of State's Visa Bulletin.
If you are already in the United States, you may apply to change your status to that of a lawful permanent resident after a visa number becomes available to you. This is one way you can apply to secure an immigrant visa number. If you are outside the United States when an immigrant visa number becomes available, you must then go to the U.S. consulate servicing the area in which you reside to complete your processing. This is the other way to secure an immigrant visa number.

Eligibility
In order for a relative to sponsor you to immigrate to the United States, they must meet the following criteria:

• They must be a citizen or lawful permanent resident of the U.S. and be able to provide documentation providing that status.
• They must prove that they can support you at 125% above the mandated poverty line, by filling out an Affidavit of Support

The relatives which may be sponsored as an immigrant vary depending on whether the sponsor is a U.S. Citizen or a lawful permanent resident.

• If the sponsor is a U.S. Citizen, they may petition for the following foreign national relatives to immigrate to the U.S:
• Husband or wife
• Unmarried child under 21 years of age
• Unmarried son or daughter over 21
• Married son or daughter of any age
• Brother or sister, if the sponsor is at least 21 years old, or
• Parent, if the sponsor is at least 21 years old.
• If the sponsor is a lawful permanent resident, they may petition for the following foreign national relatives to immigrate to the U.S.:
• Husband or wife, or
• Unmarried son or daughter of any age.

In any case, the sponsor must be able to provide proof of the relationship.

Preference Categories
If you wish to immigrate as a relative of a U.S. Citizen or lawful permanent resident, you must obtain an immigrant visa number based on the preference category in which you fall.
People who want to become immigrants are classified into categories based on a preference system. The immediate relatives of U.S. citizens, which includes parents, spouses and unmarried children under the age of 21, do not have to wait for an immigrant visa number to become available once the visa petition filed for them is approved by USCIS. An immigrant visa number will become immediately available. The relatives in the remaining categories must wait for an immigrant visa number to become available according to the following preferences:

• First preference: Unmarried, adult sons and daughters of U.S. citizens. Adult means 21 years of age or older.
• Second Preference: Spouses of lawful permanent residents, their unmarried children (under twenty-one), and the unmarried sons and daughters of lawful permanent residents.
• Third Preference: Married sons and daughters of U.S. Citizens.
• Fourth Preference: Brothers and sisters of adult U.S. Citizens.

Once USCIS receives your visa petition (Form I-130, Petition for Alien Relative), it will be approved or denied. USCIS notifies the person who filed the visa petition of the petition was approved. USCIS will then send the approved visa petition to the Department of State's National Visa Center, where it will remain until an immigrant visa number is available. The Center will notify the foreign national when the visa petition is received and again when an immigrant visa number is available. You do not need to contact the National Visa Center, unless you change your address or there is a change in your personal situation, or that of your sponsor, that may affect eligibility for an immigrant visa, such as reaching age 21, marriage, divorce, or death of a spouse.

Immigration through the Legal Immigration Family Equity Act (LIFE) of 2000

This page will link you to information about each area of immigration covered by the LIFE Act. It is arranged by category. USCIS information on the LIFE Act, as it becomes available, will be available through this page.
If you have questions about these or any other immigration matters, please call the National Customer Service Center, toll free, at 800-375-5283.

LIFE-related Law and Regulations
Final Regulation for LIFE-related Legalization, 06/04/02
Text of the LIFE Act and LIFE Act Amendments (Pub. L. 106-553) 12/21/00
Final Rule 245(i)
V Visa Regulation 09/07/01
K Visa Regulation 08/14/01

LIFE-related 245(i) - Adjustment of Status and Penalty Fee
INS Issues Final Rule for Adjustment of Status Under Legalization Provisions of the Life Act 06/06/02
How Do I Benefit From Section 245(i)?
LIFE-related V and K Visas and Status
USCIS Announces New Policy Regarding V Visa Status Extensions 05/16/05
How Do I Become a K-Nonimmigrant as the Spouse or Child of a U.S. Citizen? (K-3 and K-4 Visa Classifications)
How Do I Become a V-Nonimmigrant?

Immigration Through Investment

Overview
Under section 203(b)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1153(b)(5), 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise.
Of the 10,000 investor visas (i.e., EB-5 visas) available annually, 5,000 are set aside for those who apply under a pilot program involving an CIS-designated “Regional Center.”
A "Regional Center:"

• Is an entity, organization or agency that has been approved as such by the Service;
• Focuses on a specific geographic area within the United States; and ,
• Seeks to promote economic growth through increased export sales, improved regional productivity, creation of new jobs, and increased domestic capital investment.

"Alien investors" must:

• Demonstrate that a "qualified investment" (see below) is being made in a new commercial enterprise located within an approved Regional Center; and,
• Show, using reasonable methodologies, that 10 or more jobs are actually created either directly or indirectly by the new commercial enterprise through revenues generated from increased exports, improved regional productivity, job creation, or increased domestic capital investment resulting from the pilot program.

Eligibility
Permanent resident status based on EB-5 eligibility is available to investors, either alone or coming with their spouse and unmarried children. Eligible aliens are those who have invested -- or are actively in the process of investing -- the required amount of capital into a new commercial enterprise that they have established. They must further demonstrate that this investment will benefit the United States economy and create the requisite number of full-time jobs for qualified persons within the United States.
In general, "eligible individuals" include those:
Who establish a new commercial enterprise by:

• creating an original business;
• purchasing an existing business and simultaneously or subsequently restructuring or reorganizing the business such that a new commercial enterprise results; or
• expanding an existing business by 140 percent of the pre-investment number of jobs or net worth, or retaining all existing jobs in a troubled business that has lost 20 percent of its net worth over the past 12 to 24 months; and

Who have invested -- or who are actively in the process of investing -- in a new commercial enterprise:

• at least $1,000,000, or
• at least $500,000 where the investment is being made in a "targeted employment area," which is an area that has experienced unemployment of at least 150 per cent of the national average rate or a rural area as designated by OMB; and

Whose engagement in a new commercial enterprise will benefit the United States economy and:

• create full-time employment for not fewer than 10 qualified individuals; or
• maintain the number of existing employees at no less than the pre-investment level for a period of at least two years, where the capital investment is being made in a "troubled business," which is a business that has been in existence for at least two years and that has lost 20 percent of its net worth over the past 12 to 24 months.

How do I ...Seek Status as an Immigrant Investor
In order to seek status as an immigrant investor, you must file CIS Form I-526, Immigrant Petition by Alien Entrepreneur. The Form I-526 must be filed with supporting documentation which clearly demonstrates that the individual’s investment meets all requirements, such as:

• establishing a new commercial enterprise,
• investing the requisite capital amount,
• proving the investment comes from a lawful source of funds,
• creating the requisite number of jobs,
• demonstrating that the investor is actively participating in the business; and, where applicable,
• reating employment within a targeted employment area.

How do I ...Obtain Status as a Conditional Resident
Once the Form I-526 is approved, immigrant investors may obtain status as a conditional resident by:

• Filing Form I-485, Application to Register Permanent Residence or Adjust Status, if residing within the United States; or,

...Become a Permanent Resident Based on Investment
In order to become a lawful permanent resident, eligible investors must file a Form I-829, Petition by Entrepreneur to Remove Conditions. Form I-829 must be filed within 90 days before the second anniversary of an Alien Investor’s admission to the United States as a conditional resident.

How Do I Apply for Admission to Lawful Permanent Resident Status under the “Registry” Provision of the Immigration and Nationality Act?

Background
If you have been present in the United States since January 1, 1972, you may be eligible for the “registry” provisions of our immigration laws which would allow you to obtain lawful permanent residence even if you are illegally in the United States now, or if you initially entered the U.S. illegally.

Where Can I Find the Law?
The part of the law concerning the registry provisions is located at INA §249. The specific eligibility requirements and procedures for becoming a permanent resident through registry are included in the Code of Federal Regulations (CFR) at 8 CFR 1259 .

Who Is Eligible?

You are eligible to apply for permanent residence based on 8 CFR 1259 if you:

• Entered the United States prior to January 1, 1972;
• Have continuously resided in the United States since entry;
• Are a person of good moral character;
• Are neither ineligible for citizenship, except for the requirement of five years of lawful permanent residence, nor inadmissible for participation in terrorist activities, certain criminal or security grounds, or for alien smuggling;
• Never participated in Nazi persecutions or genocide;

Note: Any alien who has at any time engaged in terrorist activities is ineligible for registry. Further, any alien who fails to appear at a removal hearing, or who fails to depart after agreeing to voluntary departure, is ineligible for registry for a period of ten years.

How Do I Apply?
You must submit a completed Form I-485 with filing fee, and a completed Form G-325A with evidence that you have continuously resided in the United States prior to January 1, 1972, to the USCIS district office having jurisdiction over the place in which you live. You must establish that you are eligible and that registry should be granted in the exercise of discretion. There is no appeal from the decision of the District Director but your application may be renewed in front of an Immigration Judge.

Will I Get a Work Permit?
Applicants who are inside the United States and have filed Form I-485 (Application to Register Permanent Residence or Adjust Status) are eligible to apply for a work permit while their case is pending. You should use Form I-765 to apply for a work permit.

You do not need to apply for a work permit once you are accorded permanent resident status. As a lawful permanent resident, you should receive a permanent resident card that will provide evidence that you have a right to live and work in the United States permanently. Please see How Do I Get a Work Permit? for more information.

Can I Travel Outside the United States….

…While I Am Waiting for My Application Under the Registry Provision to be Processed?

If an alien obtains Advance Parole from the USCIS following approval of a Form I-131, he or she may travel outside of the United States and return without jeopardizing their registry application. However, any alien who has accrued more than 180 days of unlawful presence in the United States and then travels outside the United States is inadmissible for a period of 3 to 10 years. Registry applicants have, by definition, accrued long periods of time in unlawful status. If you are applying for permanent residence using the section 249 registry provisions, you should not travel outside of the United States without first obtaining advance parole from the Service, or you will be unable to return to the United States.

…If I Have Already Registered for Lawful Permanent Resident Status?

Yes. Any alien who has been granted lawful permanent resident status under “registry” may travel overseas and be readmitted as a returning permanent resident without having to apply for admission for travels that are six months or shorter. All lawful permanent residents who travel outside of the U.S. for periods longer than six months must reapply for admission at the Port-of-Entry.
How Can I Check the Status of My Application?
Please contact the USCIS office that received your application. You should be prepared to provide the USCIS with specific information about your application. More information is available on finding the status of your case.

How Do I Become a Lawful Permanent Resident While in the United States?

Background
An immigrant is a foreign national who has been granted the privilege of living and working permanently in the United States. You must go through a multi-step process to become an immigrant. In most cases, USCIS must first approve an immigrant petition for you, usually filed by an employer or relative. Then, an immigrant visa number must be available to you, even if you are already in the United States. After that, if you are already in the United States, you may apply to adjust to permanent resident status (If you are outside the United States, you will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa.)
For an excellent overview of immigration, please see the chapter and tables on immigrants in the Immigration Statistical Yearbook. For more information on immigrant status based on employment, please see How Do I Apply for Immigrant Status Based on Employment?

How Do I Get an Immigrant Visa Number?

What is an Immigrant Visa Number?
An immigrant is someone who is not a U.S. citizen but has been authorized to permanently live and work in the United States. If you want to become an immigrant, you must go through a three-step process. First, the USCIS must approve an immigrant petition for you, which is usually filed by an employer or a relative for you. Second, a visa number, through the State Department must be immediately available to you, even if you are already in the United States. If you receive an immigrant visa number, it means that an immigrant visa has been assigned to you. Third, if you are already in the United States, you may apply to adjust to permanent resident status after a visa number becomes available for you. (If you are outside the United States when an immigrant visa number becomes available for you, you must then go to your local U.S. consulate to complete your processing.)
U.S. law limits the number of immigrant visa numbers that are available every year. This means that even if the USCIS approves an immigrant visa petition for you, you may not get an immigrant visa number immediately. In some cases, several years could pass between the time USCIS approves your immigrant visa petition and the State Department gives you an immigrant visa number. In addition, U.S. law also limits the number of immigrant visas available by country. This means you may have to wait longer if you come from a country with a high demand for U.S. immigrant visas.
For more information on how to apply for an employee to become an immigrant, please see How Do I Apply for Immigrant Status Based on Employment? In addition, please see our resources about bringing relatives to live in the United States. For more information on adjusting to permanent resident status, please see How Do I Become a Lawful Permanent Resident while in the United States?

What Does the Law Say?
The Immigration and Nationality Act is a law that governs the admission of all immigrants to the United States. For the part of the law concerning immigrant visa numbers, please see INA § 201, INA § 202, and INA § 203.

Who is Eligible?

People who want to become immigrants are divided into categories based on a preference system. The immediate relatives of U.S. citizens, which includes parents, spouses and unmarried children under the age of 21, do not have to wait for an immigrant visa number to become available once the application filed for them is approved by the USCIS. An immigrant visa number will be immediately available for immediate relatives of U.S. citizens. The relatives in the remaining categories must wait for a visa to become available according to the following preferences:

• First Preference: Unmarried, adult sons and daughters of U.S. citizens. Adult means 21 years of age or older.
  
• Second Preference: Spouses of lawful permanent residents, and the unmarried sons and daughters (regardless of age) of lawful permanent residents and their children.
  
• Third Preference: Married sons and daughters of U.S. citizens, their spouses and their minor children.
  
• Fourth Preference: Brothers and sisters of adult U.S. citizens, their spouses and their minor children.

All people who want to become immigrants based on employment must wait for an immigrant visa number to become available according to the following preferences:

• First Preference: Priority Workers including aliens with extraordinary abilities, outstanding professors and researchers, and certain multinational executives and managers.
  
• Second Preference: Members of Professions Holding Advanced Degrees or Persons of Exceptional Ability.
• Third Preference: Skilled Workers, professionals and other qualified workers.
  
• Fourth: Certain special immigrants including those in religious vocations.
  
• Fifth: Employment Creation Immigrants.

How Do I Apply for an Immigrant Visa Number?
You do not directly apply for an immigrant visa number. In most cases, your relative or employer sends a visa petition to the USCIS for you (the beneficiary) to become an immigrant. (Certain applicants such as priority workers, investors, certain special immigrants, and diversity immigrants can petition on their own behalf.) USCIS will tell the person who filed the visa petition (the petitioner) if the visa petition is approved. USCIS will then send the approved visa petition to the Department of State's National Visa Center, where it will remain until an immigrant visa number is available. The Center will notify you (the beneficiary of the application) when the visa petition is received and again when an immigrant visa number is available. You do not need to contact the National Visa Center, unless you change your address or there is a change in your personal situation that may affect your eligibility for an immigrant visa. You may contact the National Visa Center by writing to: The National Visa Center; 32 Rochester Avenue; Portsmouth, New Hampshire 03801-2909.

How Can I Find Out When an Immigrant Visa Number Will Be Available for Me?
Each approved visa petition is placed in chronological order according to the date the visa petitioin was filed. The date the visa petition was filed is known as your priority date. The State Department publishes a bulletin that shows the month and year of the visa petitions they are working on by country and preference category (see eligibility information above). You can estimate of the amount of time it will take to get an immigrant visa number by comparing your priority date with the date listed in the bulletin. For instance, suppose you look under your country and preference category, and see that the State Department is working on applications they received in May 1996. If your priority date is May 1998, then you may have to wait several more years for an immigrant visa number to become available. You may access the State Department Visa Bulletin at the State Department's Website, or you may call the Department of State Visa Office at (202) 663-1541, to learn which priority dates are currently being processed.

Where Can I Find the Law?
The Immigration and Nationality Act is a law that governs immigration in the United States. For the part of the law concerning most types of permanent resident status, please see INA § 245. The specific eligibility requirements and procedures for adjusting to permanent residence status are included in the Code of Federal Regulations [CFR] at 8 CFR § 245.

Who is Eligible?
To find out who may apply for permanent residence in the United States, please see eligibility information.
(Please note, your permanent residence status will be conditional if it is based on a marriage that was less than two years old on the day you were given permanent residence. For more information, please see How Do I Remove the Conditions on Permanent Resident Based on Marriage?.)

How Do I Apply?
To find out how you can apply to become a lawful permanent resident of the United States, please click here to see Application Procedures, which will help you identify what you need to do. After you submit your application materials, you will be asked to go to a USCIS office to answer questions about your applications.

Will I Get a Work Permit?
Applicants for adjustment to permanent resident status are eligible to apply for a work permit while their cases are pending. You should use USCIS Form I-765 to apply for a work permit. You do not need to apply for a work permit once you adjust to permanent resident status. As a lawful permanent resident, you should receive a permanent resident card that will prove that you have a right to live and work in the United States permanently. Please see How Do I Get a Work Permit? for more information.

Can I Travel Outside the United States?
If you are applying for adjustment to permanent resident status, you must receive advance permission to return to the United States if you are traveling outside the United States. This advance permission is called Advance Parole. If you do not obtain Advance Parole before you leave the country, you will abandon your application with USCIS and you may not be permitted to return to the United States. For more information, please see How Do I Get a Travel Document?.

How Can I Check the Status of My Application?
Please contact the USCIS office that received your application. You should be prepared to provide USCIS staff with specific information about your application. Please click here for complete instructions on checking the status of your application. Please click here for more information on USCIS offices.

How Can I Appeal?
The only applications for permanent residency (Form I-485) which can be appealed to USCIS are those based on a marriage which took place while the alien's application was in process or those based on Section 586 of Public Law 106-429, adjustment of status for certain nationals of Vietnam, Cambodia and Laos. These appeals must be made to the Administrative Appeals Unit (AAU).
Generally, you may appeal within 33 days after the immigration judge decides to remove you from the country. After your appeal form and a required fee are processed, the appeal will be referred to the Board of Immigration Appeals in Washington, D.C. For more information, please see, How Do I Appeal A Denial of My Application or Petition?.

What are the eligibility requirements for getting a Permanent Resident Card?

Q. What are the eligibility requirements for getting a Permanent Resident Card?
A. Lawful permanent residence is based upon various immigrant classifications. For an explanation of those classifications, please refer to "How Do I Get An Immigrant Visa Number?"

Application Procedures: Becoming a Permanent Resident While in the United States

If you would like to become a lawful permanent resident in the United States, you must file the following items with the U.S. Citizenship and Immigration Services:

• Form I-485 Application to Register Permanent Residence or Adjust Status
  
• Please review Supplement A to Form I-485 to see if additional fee requirements apply to you.
  
• Form G-325A Biographic Data Sheet (Between the ages of 14 and 79)
  
• Form I-693 Medical Examination Sheet (not required if you are applying based on continuous residence since before 1972, or if you have had a medical exam based on a fiancé visa)
  
• Two color photos taken within 30 days (Please see USCIS Form I-485 for more instructions on photos.)
  
• Form I-864 Affidavit of Support (completed by the sponsor). (This requirement may not apply to you if you are adjusting to permanent resident status based on an employment petition.)
  
• Form I-765 Authorization for Employment (if seeking employment while case is processed). For more information, see How Do I Get a Work Permit?
  
• Evidence of inspection, admission or parole into the United States (Form I-94, Arrival Departure Record). See How Do I Get an Arrival-Departure Record? for more information.

In addition:

• If you have already been approved for an immigrant petition , you must submit a copy of the approval notice sent to you by the USCIS.
  
• If someone else is or has filed a petition for you that, if approved, will make an immigrant number immediately available to you, you must submit a copy of the completed petition that is being filed for you. Such applications include only immediate relative, special immigrant juvenile or special immigrant military petitions. For more information, please see How Do I Get an Immigrant Visa Number?.
  
• If you were admitted into the United States as a fiancé of a U.S. citizen and married that citizen within the required 90 days, you must submit a copy of the fiancé petition approval notice and a copy of your marriage certificate.
  
• If you are an asylee or refugee, you must submit a copy of the letter or Form I-94 (Arrival-Departure Record) that shows the date you were granted asylum or refuge in the United States. You also must submit USCIS Form I-643 (Health and Human Services Statistical Data).
  
• If you are a Cuban citizen or native, you must use USCIS Form I-485 (Application to Register Permanent Residence or Adjust Status) and submit evidence of your citizenship or nationality.
  
• If you have been a continuous resident of the United States since before January 1, 1972, you must submit evidence showing that you entered the United States prior to January 1, 1972 and that you have lived in the United States continuously since your entry into the country.
  
• If your parent became a lawful permanent resident after you were born, you must submit evidence that your parent has been or will be granted permanent residence. You must also submit a copy of your birth certificate, and proof of your relationship with your parent.
  
• If your spouse became a lawful permanent resident after you were married, you must submit evidence that your spouse has been granted permanent residence. You must also submit a copy of your marriage certificate and proof that any previous marriages entered into by you or your spouse were legally terminated.

Please note that there are certain eligibility requirements for using Form I-485 (Application to Register Permanent Residence or Adjust Status).

Diversity Lottery

Overview
Each year, the Diversity Lottery (DV) Program makes 55,000 immigrant visas available through a lottery to people who come from countries with low rates of immigration to the United States. Of such visas, 5,000 are allocated for use under NACARA beginning with DV '99. The State Department (DOS) holds the lottery every year, and randomly selects approximately 110,000 applicants from all qualified entries. The DOS selects the approximately 110,000 applications since many will not complete the visa process. However once 55,000 are issued or the fiscal year ends, the DV program is closed. If you receive a visa through the Diversity Visa Lottery Program you will be authorized to live and work permanently in the United States. You will also be allowed to bring your spouse and any unmarried children under the age of 21 to the United States.

Entering the Diversity Visa Lottery
Please see "How Do I Participate in the Diversity Immigrant Visa Lottery Program?" for more information on the program.
Please see Department of State "Warning on Fraudulent/Impostor DV Lottery Websites."

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Diversity Immigrant Visa Lottery 2008 ended on December 3, 2006.
Diversity Immigrant Visa Lottery "2008 Guidelines" Instructions, and Frequently Asked Questions (FAQs) (Department of State Website)
"Federal Register Notice: Department of State, Bureau of Consular Affairs; Registration for the Diversity Immigrant Visa Program (DV-2008)"

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"Diversity Lottery 2007 Results" (Department of State Website)

Immigration through Employment

Overview
An immigrant is a foreign national who has been authorized to live and work permanently in the United States. If you want to become an immigrant based on the fact that you have a permanent employment opportunity in the United States, or if you are an employer that wants to sponsor someone for lawful permanent residency based on permanent employment in the United States, you must go through a multi-step process.

• First, foreign nationals and employers must determine if the foreign national is eligible for lawful permanent residency under one of USCIS' paths to lawful permanent residency.
• Second, most employment categories require that the U.S. employer complete a labor certification request (Form ETA 750) for the applicant, and submit it to the Department of Labor's Employment and Training Administration. Labor must either grant or deny the certification request. Qualified alien physicians who will practice medicine in an area of the United States which has been certified as underserved by the U.S. Department of Health and Human Services are relieved from this requirement.
• Third, USCIS must approve an immigrant visa petition, Form I-140, Petition for Alien Worker, for the person wishing to immigrate to the United States. The employer wishing to bring the applicant to the United States to work permanently files this petition. However, if a Department of Labor certification is needed the application can only be filed after the certification is granted. The employer acts as the sponsor (or petitioner) for the applicant (or beneficiary) who wants to live and work on a permanent basis in the United States.
• Fourth, the State Department must give the applicant an immigrant visa number, even if the applicant is already in the United States. When the applicant receives an immigrant visa number, it means that an immigrant visa has been assigned to the applicant. You can check the status of a visa number in the Department of State's Visa Bulletin.
• Fifth, if the applicant is already in the United States, he or she must apply to adjust to permanent resident status after a visa number becomes available. If the applicant is outside the United States when an immigrant visa number becomes available, he or she will be notified and must complete the process at his or her local U.S. consulate office.

Eligibility
There are four categories for granting permanent residence to foreign nationals based upon employment:
EB-1 Priority workers

• Foreign nationals of extraordinary ability in the sciences, arts, education, business or athletics
• Foreign national that are outstanding professors or researchers
• Foreign nationals that are managers and executives subject to international transfer to the United States

EB-2 Professionals with advanced degrees or persons with exceptional ability

• Foreign nationals of exceptional ability in the sciences, arts or business
• Foreign nationals that are advanced degree professionals
• Qualified alien physicians who will practice medicine in an area of the U.S. which is underserved. Read more about this particular program.

EB-3 Skilled or professional workers

• Foreign national professionals with bachelor's degrees (not qualifying for a higher preference category)
• Foreign national skilled workers (minimum two years training and experience)
• Foreign national unskilled workers

EB-4 Special Immigrants

• Foreign national religious workers
• Employees and former employees of the U.S. Government abroad

How to Apply
If you are an employer wishing to sponsor (or petition) for a foreign national to work in the United States on a permanent basis, you must file Form I-140, Petition for Alien Worker. Detailed information is provided in the instructions for Form I-140. Filing requirements differ for each of the five categories.
The Department of State is responsible for providing visa numbers to foreign nationals interested in immigrating to the United States. To find out more about the Department of State's visa process visit the Department of State website for specific information on how to get an immigrant visa number.
To check the status of a visa number you can review the Department of State's visa bulletin.

Where do I apply
If you are an employer wishing to sponsor (or petition) a foreign national to work in the United States, a Form I-140, Petition for Alien Worker must be filed at the USCIS Service Center. Detailed filing information is provided in the instructions for Form I-140.
For EB-4 special workers, the foreign national or employer must file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, with the CIS Service Center. Detailed filing information is provided in the instructions for Form I-360.

Other helpful sites you may want to visit if you:

• want to find out more about the Department of State Visa Process
• want to review the Department of State Visa Bulletin
• want to find out more about the Department of Labor Foreign Labor Certification

How Do I Apply For Immigrant Status Based On Employment?

An immigrant is a foreign national who is authorized to live and work permanently in the United States. You must go through a multi-step process to become an immigrant based on employment.
1. The USCIS must approve an immigrant petition (application) that was filed for you, usually by an employer.

2. In most employment categories (See EB-2 and EB-3 eligibility and filing information), a U.S. employer must complete a labor certification request (ETA 750) for you from the Department of Labor's Employment and Training Administration.

3. The State Department must give you an immigrant visa number, even if you are already in the United States. Please see How Do I Get an Immigrant Visa Number?.

4. If you are already in the United States, you must apply to adjust to permanent resident status when a visa number becomes available. Please see How Do I Become a Lawful Permanent Resident while in the United States? If you are outside the United States when an immigrant visa number becomes available, you will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa.

What Does the Law Say?
The legal foundation for getting approval for hiring an alien worker permanently comes from the Immigration and Nationality Act (INA). For the part of the law that addresses employment-based immigrants, please see INA § 201, INA § 202, INA § 203 and INA § 204. Rules published in the Federal Register explain the eligibility requirements for individuals petitioning for employment-based immigration based on specific criteria. They are in the Code of Federal Regulations [CFR] at 8 CFR § 204.5.

Who is Eligible for Employment Based Immigration?
There are five categories of employment based immigration:

• First Preference (EB-1 priority workers): aliens with extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers.
• Second Preference (EB-2 workers with advanced degrees or exceptional ability): aliens who are members of the professions holding advanced degrees or their equivalent and aliens who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States.
• Third Preference (EB-3 professionals, skilled workers, and other workers): aliens with at least two years of experience as skilled workers, professionals with a baccalaureate degree, and others with less than two years experience, such as an unskilled worker who can perform labor for which qualified workers are not available in the United States.
• Fourth Preference (EB-4 special workers such as those in a religious occupation or vocation): aliens who, for at least two years before applying for admission to the United States, have been a member of a religious denomination that has a non-profit religious organization in the United States, and who will be working in a religious vocation or occupation at the request of the religious organization.
• Fifth Preference (EB-5 Employment Creation) If you would like to be granted immigrant status in the United States for the purpose of engaging in a new commercial enterprise, please see How Do I Become an Immigrant Through an Investment?.

How Do I File a Petition for Alien Worker?
A USCIS Form I-140 (Petition for Alien Worker) must be filed at the USCIS Regional Service Center that serves the area where you will work. Detailed information is provided in the instructions for Form I-140. Filing requirements differ for each category. Please see the appropriate link under related links to Eligibility and Filing for each preference.
For EB-4 special workers (those in a religious occupation or vocation), you or your employer must file USCIS Form I-360 (Petition for Amerasian, Widow(er), or Special immigrant) at the USCIS Regional Service Center that serves the area where you will work. Please see EB-4 Eligibility and Filing for more information.

How Can I Find Out the Status of My Petition?
Please contact the USCIS office that received your application. You should be prepared to provide the USCIS staff with specific information about your application. Please see also Finding the Status of your case.

How Can I Appeal?
If your Petition for Alien Worker is denied, the denial letter will tell you how to appeal. Generally, you may file a Notice of Appeal along with the required fee at the appropriate USCIS Regional Service Center within 33 days of receiving the denial. Once the fee is collected and the form is processed at the Service Center, the appeal will be referred to the Administrative Appeals Unit in Washington, D.C. Sending the appeal and fee directly to the AAU will delay the process. For more information, see How Do I Appeal?.

Can Anyone Help Me?
Of course.  Contact Abdelhadi & Associates, P.C.

EB-1 Eligibility and Filing Requirements:

Aliens with extraordinary ability are those with "extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation." You must be one of "that small percentage who have risen to the very top of the field of endeavor," to be granted this classification. For example, if you receive a major internationally recognized award, such as a Nobel Prize, you will qualify for an EB-1 classification. Other awards may also qualify if you can document that the award is in the same class as a Nobel Prize. Since few workers receive this type of award, alternative evidence of EB-1 classification based on at least three of the types of evidence outlined below, is permitted. The worker may submit "other comparable evidence" if the following criteria do not apply:

• Receipt of lesser nationally or internationally recognized prizes or awards for excellence;
• Membership in associations in the field which demand outstanding achievement of their members;
• Published material about the alien in professional or major trade publications or other major media;
• Evidence that the alien has judged the work of others, either individually or on a panel;
• Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;
• Evidence of the alien's authorship of scholarly articles in professional or major trade publications or other major media;
• Evidence that the alien's work has been displayed at artistic exhibitions or showcases;
• Performance of a leading or critical role in distinguished organizations;
• Evidence that the alien commands a high salary or other significantly high remuneration in relation to others in the field;
• Evidence of commercial successes in the performing arts.

Outstanding professors and researchers are recognized internationally for their outstanding academic achievements in a particular field. In addition, an outstanding professor or researcher must have at least three years experience in teaching or research in that academic area, and enter the U.S. in a tenure or tenure track teaching or comparable research position at a university or other institution of higher education. If the employer is a private company rather that a university or educational institution, the department, division, or institute of the private employer must employ at least three persons full time in research activities and have achieved documented accomplishments in an academic field.
Evidence that the professor or researcher is recognized as outstanding in the academic field must include documentation of at least two of the following:

• Receipt of major prizes or awards for outstanding achievement;
• Membership in associations that require their members to demonstrate outstanding achievements;
• Published material in professional publications written by others about the alien's work in the academic field;
• Participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field;
• Original scientific or scholarly research contributions in the field;

Authorship of scholarly books or articles (in scholarly journals with international circulation) in the field.
Some executives and managers of foreign companies who are transferred to the U.S. may qualify. A multinational manager or executive is eligible for priority worker status if he or she has been employed outside the U.S. in the three years preceding the petition for at least one year by a firm or corporation and seeks to enter the U.S to continue service to that firm or organization. The employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.
The petitioner must be a U.S. employer, doing business for at least one year, that is an affiliate, a subsidiary, or the same employer as the firm, corporation or other legal entity that employed the foreign national abroad. Definitions of terms relevant to this EB-1 category are found in 8 CFR § 204.5.

Application Procedures
A USCIS Form I-140 (Petition for Alien Worker) is required. All I-140 petitions must be filed at the USCIS Regional Service Center that has jurisdiction over the place where the individual will work. The petition packet must include the required documentary evidence and should follow the specific filing guidelines of the Service Center. No labor certification is needed for EB-1 petitions.
While the EB-1 worker of extraordinary ability may petition for himself or herself, the employer must file the petition for an outstanding professor or researcher and a multinational executive or manager.

EB-2 Eligibility and Filing Requirments:

The EB-2 classification includes: aliens who are "members of the professions holding advanced degrees or their equivalent" and aliens "who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States."
A petition for a foreign professional holding an advanced degree may be filed when the job requires an advanced degree (beyond the baccalaureate) and the alien possesses such a degree or the equivalent. The petition must include documentation, such as an official academic record showing that the alien has a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that the alien has a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that the alien has at least 5 years of progressive post-baccalaureate experience in the specialty.
Qualified alien physicians who will be practicing medicine in an area of the United States certified by the Department of Health and Human Services as underserved may also qualify for this classification. Read more about this program.
In order to be classified as having exceptional ability in the sciences, arts, or business, the individual must provide documentation of three of the following:

• An official academic record showing the alien has a degree, diploma, certificate or similar award from a college, university, school or other institution of learning relating to the area of exceptional ability;
• Letters documenting at least ten years of full-time experience in the occupation being sought;
• A license to practice the profession or certification for a particular profession or occupation;
• Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability;
• Membership in professional associations;

Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.
If the above standards do not apply to the petitioner's occupation, other comparable evidence of eligibility is also acceptable.

Application Procedures

• USCIS Form I-140 Petition for Alien Worker is required. Your employer must file a USCIS Form I-140 (Petition for Alien Worker) at the USCIS Regional Service Center that serves the area where you will work.
• EB-2 petitions must generally be accompanied by an approved, individual labor certification from the Department of Labor on Form ETA-750. Please see the Department of Labor's Employment and Training Administration for more information.
• If you are a worker with exceptional ability in the sciences, arts, or business, you may apply to waive the requirement that you have a job offer if such a waiver would be in the national interest. To apply for a national interest waiver, you must submit Department of Labor Form ETA-750B. Please see the Department of Labor's Employment and Training Administration for more information..
  

EB-3 Eligibility and Filing Requirements:

EB-3 classification includes:

• Aliens with at least two years of experience as skilled workers;
• Professionals with a baccalaureate degree; and
• Other workers with less than two years experience, such as an unskilled worker who can perform labor for which qualified workers are not available in the United States.

While eligibility requirements for the EB-3 classification are less stringent than the EB-1 and EB-2 classifications, you should be aware that a long backlog exists for visas in the "other workers" category. The regulations for EB-3 workers are found at 8 CFR § 204.5.

Skilled worker positions are not seasonal or temporary and require at least two years of experience or training. The training requirement may be met through relevant post-secondary education. The Form ETA-750 (Labor Certification) states the job requirements, which determine whether a job is skilled or unskilled. For more information, please see the Department of Labor's Employment and Training Administration Website.

Professionals must hold a U.S. baccalaureate degree or foreign equivalent degree that is normally required for the profession. Education and experience may not be substituted for the degree.

Other workers are in positions that require less than two years of higher education, training, or experience. However, due to the long backlog, a petitioner could expect to wait many years before being granted a visa under this category. See How Do I Get an Immigrant Visa Number? for more information.

Application Procedures
Your employer must file a USCIS Form I-140 at the USCIS Regional Service Center that serves the area where you will work. All I-140 EB-3 petitions must include a labor certification and a permanent, full-time job offer. There are no exceptions. Additional guidance relating to Department of Labor requirements is found at the Department of Labor's Employment and Training Administration Website.

EB-4 Eligibility and Filing Requirments:

To qualify as an EB-4 special immigrant religious worker, you must be a member of a religious denomination that has a non-profit religious organization in the United States. You must have been a member of this religious denomination for at least two years before applying for admission to the United States. You must be entering the United States to work:

• As a minister or priest of the religious denomination;
• In a professional capacity in a religious vocation or occupation for the religious organization (a professional capacity means that a U.S. baccalaureate degree or foreign equivalent is required to do this job); or
• In a religious vocation or occupation for the religious organization or its nonprofit affiliate. (A religious vocation means a calling or devotion to religious life. Taking vows can prove that you have a calling to religious life. A religious occupation is an activity devoted to traditional religious functions. Examples of religious occupations include (but are not limited to) cantors, missionaries, and religious instructors.)

You must have been performing this religious work for the past two years. For more specific eligibility information, please see 8 CFR § 204.5.

Application Procedures:
You or your employer must submit USCIS Form I-360 (Petition for Amerasian, Widow(er), or Special immigrant). The application must be filed at the USCIS Regional Service Center that serves the area where you will work. You must also submit:

• Proof that the religious organization qualifies as a non-profit organization
• A letter from an official of the religious organization in the United States:
• The letter should establish that you have been a member of the denomination for two years, and that you have at least two years of experience in your religious vocation or occupation.
• If you are a minister, the letter should establish that you have been authorized to perform religious duties in general and should specify which duties you are authorized to perform.
• If you are a religious professional, the letter should establish that you have a United States baccalaureate degree or the foreign equivalent that is required for your religious profession. You must also submit an official academic record.
• If you are applying to work in the United States in another religious vocation or occupation, the letter should establish that you are qualified to work in that religious vocation or occupation. For instance, if you are applying to work as a nun or a monk, you would need to provide evidence that you are a nun or a monk.
• If you are applying to work in the United States in a non-ministerial or non-professional capacity for a religious organization affiliated with a religious denomination, the letter should establish how the religious organization is affiliated with the denomination.
• The letter should also detail how you will be carrying on the work of a minister, or how you will be paid if you are working in a professional or other religious capacity. The letter should indicate that you will not be dependent upon supplementary income (from a second job) or charity (funds solicited for your support).