To obtain permanent residency in the United States through employment, individuals must follow a specific process outlined by the U.S. Citizenship and Immigration Services (USCIS).
First, the individual must have a job offer from a U.S. employer who is willing to sponsor them for a green card. The job must be in a qualifying employment category, such as a skilled worker, professional, or executive/managerial position.
The employer must then file a Form I-140, Immigrant Petition for Alien Worker, with the USCIS on behalf of the employee. The form must provide information about the job, the employee's qualifications, and the employer's ability to pay the employee's wages.
If the USCIS approves the Form I-140, the employee can then apply for an adjustment of status or an immigrant visa. The process will depend on whether the employee is already in the U.S. or is outside of the U.S.
If the employee is in the U.S., they can file a Form I-485, Application to Register Permanent Residence or Adjust Status, with the USCIS. This form will require the employee to provide biographic and background information, as well as documentation of their eligibility for permanent residency.
If the employee is outside of the U.S., they will need to complete consular processing, which involves attending an interview at a U.S. consulate or embassy in their home country. The employee must provide documentation of their eligibility for permanent residency, as well as undergo a medical examination and obtain a police certificate.
It is important to note that there are certain limitations and exceptions to this process, such as numerical limitations on the number of employment-based green cards issued each year or specific requirements for certain job categories. It is recommended to consult with an experienced immigration lawyer for further advice on individual circumstances.
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