The eligibility requirements for obtaining permanent residence status through employment sponsorship in the United States are determined by the U.S. Citizenship and Immigration Services (USCIS).
To be eligible for permanent residence status through employment sponsorship, the applicant must be sponsored by a U.S. employer who is willing to file a petition with the USCIS on their behalf. The employer must prove that they are unable to find a qualified U.S. worker to fill the position and that the foreign worker has the required qualifications for the job.
In addition, the applicant must meet one of the following criteria:
- They have extraordinary ability in their field, as demonstrated by sustained national or international acclaim, and their work in the U.S. will substantially benefit the country.
- They have an advanced degree (at least a master's) in a field related to the job for which they are being sponsored, or a bachelor's degree with at least 5 years of progressive work experience in the field.
- They have a bachelor's degree in a field related to the job and the job requires at least 2 years of experience or training.
- They are a skilled worker (defined as a worker with at least 2 years of experience or training in the field) and the job requires skills that are not easily found in the U.S.
- They are an unskilled worker and the job requires less than 2 years of experience or training, but the employer must apply for a labor certification from the U.S. Department of Labor to show that there are no qualified U.S. workers available for the job.
Furthermore, the applicant must also meet certain admissibility requirements, such as passing a medical exam and passing a background check.
It is important to note that there are certain limitations and exceptions to these eligibility requirements, and it is recommended that individuals seek the advice of a licensed attorney in order to determine their specific eligibility for permanent residence status through employment sponsorship.
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