Description
There are many ways for foreign nationals
to obtain lawful permanent resident status in the U.S.A.
An employer may sponsor a foreign national for lawful permanent
residence in the U.S.A. Some employment-sponsored applications
require a labor certification. The employment-sponsored applications
in EB3 generally require labor certifications. This is detailed
below.
Requirements
Listed below are the three categories of EB3 and each
of their requirements:
- Persons with a bachelor's degree or its equivalent.
This requires all of the following:
- A labor certification
- An official academic record showing that the alien
has a U.S. bachelor's degree or an equivalent foreign
degree
- Evidence that a bachelor's degree is required
for the occupation
- Persons with two years of training or experience.
This requires all of the following:
- A labor certification
- Evidence that the alien has two years of training
or experience
- Evidence that two years of training or experience
is required for the occupation
- Persons without a bachelor's degree or its equivalent
or two years of training or experience (unskilled workers,
also known as "other").
This requires all of the following:
- A labor certification
- Evidence that the alien has met the requirements
for the occupation
Family Members
The spouse and minor, dependent children
of the foreign national may be entitled to apply for permanent
residence at the same time, as described above. Once the
I-485 applications for the spouse and minor, dependent children
are received by INS, they may apply for INS employment authorization.
Duration of Visa
Lawful permanent resident status is permanent
as long as residence in the U.S.A. is maintained and no violations
of status occur. After five years in lawful permanent resident
status, an application for naturalization (U.S. citizenship)
may be filed.
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