Immigration through employment occurs when an employer sponsors you for a job, therefore allowing you to immigrate to the United States. References vary on exactly how to successfully apply for immigration through employment, so this post focuses on the basics.

Are you eligible?
You can be eligible for immigration through employment under four categories. While millions do not immigrate this way, about 145,000 immigrated to the U.S. through employment in 2009. The cut off number is 140,000 currently, meaning that only so many immigrants are allowed to apply via this method, but there are exceptions for more. Let’s go over the four categories.

Priority Workers
If you have an extraordinary ability in areas like science and math, or you’re a professor or researcher in a complex field, you can be considered. Even some executives and managers of companies with rare skill are considered.

Professionals with Advanced Degrees
Similar to priority workers, only as a professional it’s focused on your actual education. You can be eligible if you have an advanced degree, or if you have a baccalaureate degree and years experience in a fields like the arts, sciences, and business.

Skilled or Professional Workers
Here the focus is on work experience, but you still can use your education. In this case you need at least two years training or experience, or you are capable of filling a position which requires less training (a professional worker).

Special Immigrants
Special immigrants take on less regular occupations, such as a priest.

How can you apply?
Your employer and an immigration lawyer will have to help in the application process, as there are many steps involved which you likely cannot handle on your own. You first need to submit labor certification to the Department of Labor’s Employment and Training Administration. The DOL will decide whether you are eligible and needed or not. This is where the above steps are important: you must be able and qualified for a position which won’t take a job away from a U.S. worker.

If accepted, the employer will file a petition with the USCIS. The worker will then have to wait until an available visa comes in (remember the number is limited). After this, you will then be a conditional permanent resident based on your employment, allowing you to live and work in the U.S.

Who should you hire?
It’s a complex process just to get a green card and to be able to work, but it’s the law all immigrants go by. If you’re an employer considering this option, be sure you work with an experienced immigration lawyer who can help with immigration through employment. If you’re an immigrant hoping to work in the U.S., the first step is to find an employer willing to hire you.