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Applying for permanent resident status through job availability

As some California residents who are interested in immigration policies may know, citizens of other countries may apply for permanent residency in the United States based on employment. A backlog exists for certain categories used in this process. An EB-3 applicant's family may apply for admittance as the spouse or child of an employment-based worker.

Several employment-based categories allow workers with training or skills to apply for visas. The categories include subcategories such as skilled and unskilled workers or professionals. The qualification requirements differ for each subset. Skilled workers, unskilled workers and professionals must all provide proof of a full-time permanent job offer in the United States and labor certification. This certification is available by using Form ETA-9089 and is obtained by the employer. The approved certification shows that there are few U.S. employees meeting the requirements needed for the job and available to accept employment. This certification must accompany the application for permanent residency.

One sub-category includes workers who are professionals, and such applicants must show they hold a baccalaureate degree from a U.S. college or university or its equivalent at a foreign institution. In addition, the applicant must show that the degree is necessary to begin work in his or her field of expertise. Other subcategories involve skilled and unskilled workers. Skilled applicants must demonstrate they have a minimum of two years of experience or training in the field. Unskilled applicants do not require a minimum of training or experience to be eligible, but the job must not be seasonal or temporary.

Filing for EB-3 status in an effort to gain permanent residency offers an opportunity for applicants to apply for a particular type of work. Having legal guidance through this process may help the applicant file under the appropriate category.

Source: US CIS, "Employment-Based Immigration: Third Preference EB-3", January 07, 2015

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