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Blandon Law Immigration

Wednesday, November 18, 2009

Residency based on a Job

     The United States welcomes foreigners depending on their education and experience.  Those with the most expertise become legal permanent residents faster.  The first three preference categories, as they are known, for employment-based residency are as follows:
     EB-1.  Priority Worker.  A foreigner with extraordinary ability in 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.  Surprise: she will NOT be approved in this classification just because a foreigner received an extraordinary ability O visa.
     EB-2. Members of the professions holding advanced degrees or their equivalent, or who because of their exceptional ability in the sciences, arts or business will substantially benefit the national economy, cultural or educational interests, or wlefare of the U.S. and whose services are sought by a U.S. employer.  Surprise: there are several barriers for a foreign physician to become a legal permanent resident although she has an advanced degree.
     EB-3.  Professionals, skilled workers and other workers.  This preference category includes foreigners with the equivalent of a bachelor's degree or two years of experience/training.  The "other worker" subset is for foreigners with less than 2 years of experience/training.  Surprise:  the backlog for residency from this category is so long that it behooves the foreigner to find ANY OTHER WAY to become a resident.
     Categories EB-2 and EB-3 may require a labor certification.  I will discuss that fun snake-like subject in the blogs to come.

General Frequently Asked Questions

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