Permanent Immigrant Workers

If you would like to work permanently in the U.S., you must apply for an immigrant visa. Each year, around 140,000 immigrants who have particular job skills, education, or work experience are awarded visas so that they may legally and permanently work in the U.S.

There are five different categories for immigrant employment visas. They include, in order of official preference:

People such as outstanding researchers, professors, athletes, and multinational executives who have extraordinary abilities in varied fields such as the sciences, arts, education, athletics, or business.

People holding advanced degrees with exceptional abilities in the arts, sciences, or business.

Professionals and skilled workers.

“Special immigrants” such as U.S. foreign service employees, minors who are wards of the U.S. court, and particular religious workers.

Business investors who invest $500,000 to $1 million in a new commercial enterprise that provides full-time employment to 10 or more U.S. workers.

If you qualify under one of these categories, you may be eligible for permanent employment.

Labor Certification

Second and third preference category workers must meet labor certification requirements. This means that the prospective workers must already hold a job offer from an employer in the U.S. To legally sponsor a worker, the employer must secure labor certification from the U.S. Department of Labor. The Department of Labor certification verifies that:

The wages and working conditions of U.S. workers in similar positions will not be affected through the hiring of a foreign worker.

There are no U.S. workers who are available, qualified, and willing to fill the position at the wage offered.

After gaining certification, the employer must then submit an immigration petition with the U.S. Customs and Immigration Services.

To learn more about permanent immigrant worker status, visit the Austin immigration website of the Law Office of William Jang, PLLC.