Visas and Residencies Overview J-1 Exchange Visitor H-1B Temp. Worker O-1 Person of Extraordinary Ability TN Visas Permanent Residency Fees Consulate Locations Payment to International Visitors Notes to Chairs
H-1B H-1B Overview Sponsorship Process Changes in Employment Traveling outside the U.S.
Permanent Residency Permanent Residency Overview 3 Paths to PR Sponsorship Process Advertising and Recruitment Adjustment of Status

3 Paths to Permanent Residency

The three sponsorship paths to permanent residency that are available to an international employee are:

EB-1 Outstanding Professor/Researcher

This category is available for individuals with a long record of publication, research, conference participation and recognition by other experts in the field. The application must show evidence that these individuals are among the top few percent within their field, world-wide.

EB-2 for Teaching Positions

This category requires Department of Labor approval on teh advertising and recruitment for individuals with classroom teaching responsibilities.

The three qualifying requirements for this process are:

  1. The individual have some percentile of classroom teaching responsibilities.
  2. The advertisement for the position must have appeared in a national journal (online OR print). If an online ad is used, we must be able to prove:
    a. The electronic or web-based journal's job listings must be accessible to the public without payment of subscription and/or membership charges;
    b. It must be posted for at least 30 calendar days on the journal's website, and we must have webpage screen shots showing the start and end dates.
  3. The application must be submitted to the Department of Labor WITHIN 18 months of the DATE OF JOB OFFER.
We must be able to prove that our employee was the best candidate for the position.

EB-2 and EB-3 for Non-Teaching Positions

This category requires Department of Labor approval on extensive advertising and recruitment for staff positions that are non-teaching. These may include positions that require a masters degree or higher. This process is the most time consuming of the three because it will require a true "Test of the Labor Market" meaning that the position will have to be advertised in a number of ways including twice in the Sunday edition of a local newspaper, an open job ad with the State Workforce Agency and additional advertising from a select list of approved ways. The department will need to interview any individuals who are citizens or permanent residents who have the minimum qualifications for the position. Close guidance with this type of application will be given to the department because each step of the process must happen in a specific time frame.

This category is problematic, as we cannot simply prove that our candidate is the best qualified person -  but rather, that there were NO minimally qualified U.S. workers.

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