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Through Employment
Foreign nationals holding temporary work visas (H-1B
visas) are eligible to obtain permanent residency in the United States
through their employment. Permanent residency is a 3 step process that may
take up to 5 years depending upon the foreign nationals’ employment
category and INS processing speed. Note: the employer acts as the sponsor
(or petitioner) for the applicant (or beneficiary) who wants to live and
work on a permanent basis in the United States.
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Labor certification Form ETA 750
The U.S. employer completes a labor certification
request (Form ETA 750) for the applicant and submits it to the
Department of Labor's Employment and Training Administration.
Immigrant VISA Petition for Alien Worker Form I-140
Once certification is granted by the Department of
Labor, the employer files a petition on behalf of the worker. The
Immigration and Naturalization Service must approve the immigrant visa
petition, Form I-140, Petition for Alien Worker, for the person wishing
to immigrate to the United States.
Adjust to permanent resident status Form I-485
If the applicant is already in the United States,
he or she must apply by filing Form I-485, Application To Register
Permanent Residence or Adjust Status, to change to permanent resident
status after a visa number becomes available. If the applicant is
outside the United States when an immigrant visa number becomes
available, he or she will be notified and must complete the process at
his or her local U.S. consulate office.
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