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Employment-Based Permanent Residence

Employment-Based Permanent Residence

January 8, 2013

Permanent Options for Workers (green card/permanent residency):

Labor Certification (PERM):  An employment-based process for obtaining permanent residence involving the employer’s application to the U.S. Department of Labor (DOL) for certification of a permanent position, testing the labor market and demonstrating that U.S. workers are not being displaced for the job opportunity.  Following certification, an I-140 immigrant petition is filed with the USCIS for classification as an immigrant worker.  Once a visa becomes available based on priority date, country of birth and visa classification, the I-485 Application to Adjust Status to Permanent Residence is filed, along with any ancillary applications, such as the I-765 application for a work permit and/or an I-131 application for Advance Parole, which allows international travel while the I-485 is pending.  For additional information on the PERM process, click here.

Labor Certification for Faculty Members at the College or University Level:  A “special handling” process involving a specialized labor certification application for teaching faculty members.

I-140 Visa Petition for Outstanding Professors/Researchers: For persons involved in research in universities or private employers with a record of accomplishment. For additional information on the I-140 Visa Petition for Outstanding Professors/Researchers, click here.

I-140 Visa Petition based on Extraordinary Ability: For persons of national or international renown and accomplishment in science, business, the arts, etc.  For additional information on the I-140 Visa Petition based on Extraordinary Ability, click here.

I-140 National Interest Waivers:  For persons whose presence here is so important in contributing to a national interest (such as health, defense, etc.) that it is not in the national interest to require labor certification.

I-140 Multi-national Managers/Executives:  For transferees with management experience abroad for affiliated companies coming to fill management positions in the U.S.

I-360 Petition for Religious Workers:  For ministers, religious professionals, and those engaged in religious vocations seeking to immigrate permanently to the U.S.