Aliens can be sponsored for permanent residence in the United States by an American employer. Approximately 140,000 employment-based permanent residency visas are granted each year.

Generally, the alien is sponsored to fill a specific employment position for which the employer is unable to find an American or permanent resident to fill. These positions are specialty occupations requiring skilled individuals. There are three employment-based categories, each allotted 40,000 visas a year, which have differing requirements:

EB1: First Employment-Based Preference ("Priority Workers")
The first preference category does not require labor certification for the position the alien is going to fill. This category is open to managers and executives subject of international transfer to the United States; outstanding professors and researchers with universities or employers with established research departments; aliens of "extraordinary ability" in the sciences, arts, education, business, and athletics.

EB2: Second Employment-Based Preference
The second preference require a labor certification for the position the alien seeks to fill. This can be waived in certain circumstances in the national interest (i.e. medical doctors who will work in medically under served areas). This category is open to aliens of "exceptional ability" in sciences, arts, or business; and advanced-degree professionals.

For more information on EB2 requirements, click here, or click on the PERM Labor Certification link to find out more about this process.

EB3: Third Employment-Based Preference
The third preference also require a labor certification for the position the alien seeks to fill. This category is open to the following: Professionals with bachelor's degrees; Skilled workers; and Unskilled workers.

For more information on EB3 requirements, click here, or click on the PERM Labor Certification link to find out more about this process.

Requirements:
1. Labor Certification (**for more information on the PERM Labor Certification process, click here.)
In second and third preference cases, the employer must first get a certification from the Department of Labor that qualified U.S. workers have been recruited for the position and are unavailable. There are strict Department of Labor guidelines which must be adhered to for the issuance of a labor certification. This process is now referred to as "PERM Labor Certification" and the processing time varies depending on the specific circumstances of the case as well as DOL issues.

2. Employment
The employer must be offering the alien a "permanent position". Moreover, the employer must be able to demonstrate that they have the ability to pay the alien's salary. The alien must be able to demonstrate that he has the requisite qualifications for the job at the time the papers are initially filed. Accordingly, the employer must verify that the alien has the credentials to meet the minimum requirements for the offered position prior to the filing of the labor certification application.

EB5: Fifth Employment-Based Presence (Investors)
The fifth employment-based preference is set aside for alien investors in new commercial enterprises. This category is allotted 10,000 visas per year, and generally requires that the investor invest or be actively in the process of investing at least $1 million in the enterprise. This figure can change depending on the area of the investment. For example, an investment in a "targeted employment areas" may be as low as $500,000 while "high employment areas" may require an investment as high as $3 million.