Permanent resident status is given to people who are classified under the visa categories provided below. Such visa holders are issued “green cards” in order to live and work in the U.S. without time limitations. For an alien to receive a “green card” through employment, the alien must obtain a sponsor. A sponsor is a U.S. employer who offers the alien a job.

“EB-1” First Preference – Priority Workers
Priority workers are granted EB1 visas, which are the highest preference for employment visas. Individuals in this category can petition for permanent residency without having to go through the time consuming labor certification process. These visas will go to qualified immigrants who are:

• Aliens with extraordinary ability in sciences, arts, education, business, or athletics that has been demonstrated by sustained national or international acclaim
  
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• Aliens who seek to enter the U.S. to continue work in the area of extraordinary ability, and
  
  
• Aliens whose entry into the U.S. will substantially benefit the U.S.A.
  
  

Outstanding professors and researchers are qualified in this category if they are:

• Recognized internationally as outstanding in specific academic areas,
  
  
• Working for at least 3 years in their field of study as a researcher or teacher in the academic area, and
  
  
• Seeking to enter the U.S.A. for a tenured position at a university or institution or for a position as a department, division, or institute of a private employer.

Multinational executives and managers can also receive an EB1 visa if the applicant:

• Has worked abroad for at least 1 continuous year for a qualifying firm or corporation (one that is doing business both in the U.S. and abroad during the whole transfer period) during the 3 years preceding the application, and
  
  
• Seeks to enter the U.S. to continue to render services to the same company or a subsidiary or affiliate of that company in a managerial or executive capacity. Whether a company can be classified as a subsidiary or affiliate of the overseas company is often a complex issue.

“EB-2” Second Preference – Members of Professions Holding Advanced Degrees or Individuals of Extraordinary Ability in the Sciences, Arts, or Business
Aliens fall under this category for a visa when they are professionals holding advanced degrees or have exceptional abilities, and whose abilities will benefit the United States. Normally, a valid job offer from a U.S. employer is required. The employer must complete the labor certification process, which involves a test of the job market to prove that no U.S. worker is qualified for such job position. However, the Attorney General may waive the requirement for a job offer it he deems it in the best interests of the U.S. This type of waiver is called a national interest waiver. In cases where an individual can show that his entry is in the national interest, the job offer and labor certification requirements can be waived.

“EB-3” Third Preference – Professionals, Skilled Workers, and “Other” Workers
Aliens are granted EB-3 visas when they can prove that they are skilled workers or professionals, and they are filling a position that requires such a skill. A skilled worker is one who is capable of performing skilled labor that requires a minimum of two years to fill the position. A professional is one who holds a baccalaureate degree and is a member of a specific profession. Other workers may qualify for this category as performing unskilled labor for which there are no qualified U.S. workers available.

Alien Labor Certification (ALC) is the most common process through which foreign workers can obtain permanent residence. It is issued after a U.S. employer has convincingly demonstrated to the U.S. Department of Labor (DOL) that no U.S. worker is able, qualified, and willing to perform the work for which a foreign worker is being hired.