Immigration Through Employment
The process of immigration through employment is a bit more complex than family sponsored visas and involves both USCIS and the U.S. Department of Labor. The following are the basic steps in this process:
- Foreign nationals and employers must determine if the foreign national is eligible for lawful permanent residency.
- Most employment categories require the U.S. employer to complete Form ETA 750 (labor certification request) and submit it to the Department of Labor. Labor will grant or deny the request.
- Employer files Form I-140 (Petition for Alien Worker). USCIS will approve or deny this request.
- If approved, the applicant will be given an immigrant visa number.
- If the applicant is already in the United States, he or she must file an I-485 (adjustment of status) after the visa number becomes available. If the applicant is outside the United States when an immigrant visa number becomes available, he or she will complete the process at his or her consulate office.