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The United States Citizenship and Immigration Service (USCIS) is the federal organization that may grant you a resident alien permit as an immigrant worker. Adjudicators examine thousands of applications and evaluate them under various employment criteria.

If you are an immigrant enjoying your career in Aurora, it may be possible for you to gain permanent residency in the United States with an employment-based green card. An Aurora employment-based green card lawyer could talk with you about which permanent resident petition might apply to your resume. Call today and set up a consultation with a dedicated green card attorney.

Employment-Based Green Cards and the USCIS

The USCIS defines an employment-based green card holder as a non-citizen worker who legally lives in America under lawfully recorded permanent residency status. Other names for an employee with a green card include permanent resident alien, legal permanent resident (LPR), and resident alien permit holder. An Aurora employment-based green card attorney could provide more information about obtaining this legal status.

Labor Certifications

Some employment-based permanent green cared petitions in Aurora require a labor certification. If this is the requirement for an individual case, a lawyer who works with immigrant worker petitions in Aurora might be of significant assistance.

A labor certification, according to the USCIS, is the responsibility of the employer, rather than the employee. It is generally performed through the U.S. Department of Labor, but it may be handled through the USCIS under certain circumstances.

Categories of Employment-Based Green Cards in Aurora

The United States Citizenship and Immigration Service categorizes applications for an immigrant worker green card into preferences based on various criteria. EB-1 is the highest-priority category, while EB-5 is the lowest.

First Preference

Workers petitioning under the first preference, or EB-1, must demonstrate that they fit under one of the following categories:

  • Extraordinary ability
  • Outstanding researcher or professor
  • Multinational executive or manager

An employment-based green card lawyer in Aurora could help potential applicants determine if they meet the criteria for this category.

Second Preference

Professionals who possess advanced degrees may apply for permanent residency under the second preference, known as an EB-2. Additionally, applicants must provide evidence of an advanced degree.

If applicants offer a transcript from a foreign university, an evaluation and comparison to U.S. coursework will likely be requested. After proving the advanced degree, the petitioner may also have to prove that his or her work endeavors have substantial merit and that it is in the best interest of the United States to forego a labor certification process through the Department of Labor.

Third Preference

An EB-3 is the third order of preference and does mandate a labor certification. This category has several subgroups: unskilled, skilled, and professional.

A person may apply for this form of green card if there is a lack of qualified American workers in a specific industry. An EB-3 application requires a full-time job offer and a labor certification in order to make sure that American citizen workers are not available to be hired.

Fourth Preference

The fourth preference, or EB-4, applies to what the USCIS refers to as special immigrants. Special immigrants include translators, religious workers, and members of the armed forces.

Fifth Preference

Lastly, the fifth preference, also called the EB-5, is an immigrant investor petition and was established some time ago for the sake of the American economy. An EB-5 green card applicant must be willing to invest $1 million—or $500,000 under certain circumstances—in a commercial project and must demonstrate the ability to support ten full-time American jobs.

Contact an Experienced Aurora Employment-Based Green Card Attorney Today

An Aurora employment-based green card lawyer could offer guidance on which may be the best route for obtaining your legal permanent resident status. Call an experienced immigration attorney today to explore your options.

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