For those aspiring to build a long-term career in the United States, securing permanent worker status is one of the most valuable opportunities available. Becoming a permanent worker allows you to live and work in the U.S. indefinitely, leading to greater job security, career growth, and potential eligibility for U.S. citizenship. Let’s break down the different categories for permanent workers and how you can apply.
What is a Permanent Worker?
A permanent worker is a foreign national who is authorized to live and work in the United States on a permanent basis. To obtain this status, you must qualify under one of the employment-based immigrant visa categories, which are divided into five preference categories:EB-1: Priority Workers
- This category is for individuals with extraordinary abilities in sciences, arts, education, business, or athletics; outstanding professors or researchers; and multinational executives or managers.
- You must provide substantial evidence of your achievements, such as awards, publications, or leadership roles in your field.
EB-2: Professionals with Advanced Degrees or Exceptional Ability
- This category is for professionals who hold advanced degrees (or their equivalent) or individuals with exceptional ability in the arts, sciences, or business.
- In many cases, this requires a labor certification and a job offer, unless you qualify for a National Interest Waiver, which waives these requirements if your work is in the U.S.’s national interest.
EB-3: Skilled Workers, Professionals, and Other Workers
- This category is for individuals with at least two years of training or work experience in a skilled occupation, professionals holding a U.S. bachelor’s degree (or foreign equivalent), and other workers performing unskilled labor that is not temporary or seasonal.
- Most applicants need to secure a permanent job offer and a labor certification.
EB-4: Certain Special Immigrants
- This category includes a broad range of workers, such as religious workers, employees of U.S. foreign service posts, retired international organization employees, and other specific immigrant groups.
EB-5: Immigrant Investors
- This category is for individuals who invest significant capital in a new commercial enterprise in the U.S. that will create at least 10 full-time jobs for U.S. workers.
- The minimum required investment amount depends on whether the business is located in a high-unemployment or rural area.
The Application Process
The process for becoming a permanent worker generally involves the following steps:Job Offer and Labor Certification (If Required)
Most employment-based immigrant visa categories (such as EB-2 and EB-3) require that you have a permanent job offer from a U.S. employer. In these cases, your employer must also obtain a labor certification from the U.S. Department of Labor, confirming that there are no qualified U.S. workers available for the position.File Form I-140, Immigrant Petition for Alien Worker
Your employer must file this form on your behalf, providing evidence that you meet the qualifications for the relevant visa category.Adjusting Your Status or Applying for an Immigrant Visa
- If you are already in the U.S. on a temporary visa, you can apply for Adjustment of Status (Form I-485) to become a lawful permanent resident (green card holder).
- If you are outside the U.S., you will need to apply for an immigrant visa through consular processing at a U.S. embassy or consulate in your home country.