Foreign workers may obtain permanent resident ("green card") status in the U.S. through employment sponsorship. This is generally an offer of permanent employment by a U.S. employer. Employment-based immigrant visas are available to certain foreign workers whose presence is determined to be in the national interest. Application for permanent resident status can be accomplished either in the United States or abroad.

Employment-based immigrant visas are divided into several categories. Most categories require a Labor Certification to be processed by the U.S. Department of Labor. The approved labor certification is submitted to the INS. along with the visa petition. The Labor Certification does not give work Authorization; only the INS can grant work authorization.

First Preference Category: Priority workers. These workers do not require labor certification:

(1) Outstanding professors and researchers
(2) Individuals of "extraordinary ability" in the sciences, arts, education, business or athletics.
(3) Certain multinational executives and managers.

Second Preference Category: Labor certification required unless waived in national interest:

(1) Individuals with "extraordinary ability" in the sciences, arts or business
(2) Professionals holding advanced degrees

Third Preference Category: These workers require a labor certification:

(1) Professionals holding a minimum of a bachelor's degree
(2) Skilled workers with at least two years of training or experience
(3) Unskilled workers with at least two years of training

Fourth Preference Category: Special immigrants:

(1) Religious workers
(2) Other special immigrants as described in the Immigration and Nationality Act

Fifth Preference Category: No offer of employment is required; it is dependent upon an investment of between $500,000 and $1 million.

(1) Investors in new commercial enterprises

Click here for Non-Immigrant visas/Temporary work permits (L1, H-1B, B1 etc...)