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Permanent Residence
A person may qualify for permanent residence through a family
relationship or their occupation (employment).
Permanent Residence Employment
Introduction
Before we discuss the various ways of gaining permanent residence,
it is necessary to bear three things in mind.
Firstly,
there are a limited number of green cards that
are available each year. In other words, there
is a quota system of immigration in the
U.S.A. More visas are given out in some of the
categories than in other categories each year.
These categories are known as “preferences”.
So, even though a person may qualify for a green
card in one of the preferences, that person may
have to wait for a green card because there is
a line for green cards in that preference. The
term “preference” can be misleading. It could
be quicker to receive a green card in the fourth
or fifth preference than in the second or third
preference.
Secondly,
there is a general rule that it first must be proven that there is a shortage of U.S. citizens qualified to do that
job in the place where the work is to be performed.
This shortage is proved to the Immigration Service
by obtaining a Labor Certification
from the Department of Labor.
There are important exceptions to this general rule that a
person must first obtain a Labor Certification
before applying for permanent residence.
The Labor Certification process is a
lengthy process that should be avoided if possible.
This can sometimes be achieved by a person qualifying
for an immigration visa in a category that does
not require a Labor Certification.
Thirdly, a person may qualify for a green card in more than one of
the preferences.
In that case, one would obviously select the most convenient
or advantageous preference for obtaining the green
card as quickly as possible.
First
Preference
- Aliens
with extraordinary ability
- Outstanding professors and researchers
- Multinational
executives and managers
Second
Preference
- Professionals
with advanced degrees
- Aliens
with exceptional ability – National Interest
Waiver
Third
Preference
- Skilled
workers
- Professionals
- Other
workers
Fourth
Preference
Special immigrants
Fifth
Preference
Investor/employment creation
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