Employment-Based Residency App.

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What is Employment Residency?

The U.S. immigration system workers can provide significant benefits to the economy or society. Therefore, individuals in certain professions may be able to apply for permanent residency with the employment-based residency program.

Individuals who are granted employment-based residency may also apply for a work permit, and sometimes family members of the individual who received family-based residency may also apply for residency in the United States as well.

How do I qualify for Employment-Based Residency?

Employment-based residencies are granted based on a preference system. Professions that have a higher preference will be granted a family residency first. The preferences are:

• First preference: foreign nationals with extraordinary ability in sciences, arts, education, business, athletics, outstanding professors or researchers, or multinational managers and executives.
• Second preference: foreign nationals who are members of the professions holding advanced degrees.
• Third preference: Skilled workers, professionals, or other workers.

In order to get an employment-based residency, a person must already be present in the United States. They will generally be in the United States under some other visa. To qualify for the employment-based residency, the individual will apply for an adjustment of status from whatever visa they already to family-based residency status.

In order to be granted family residency, the individual applies for family residency must:

• Filer a Form I-485 application to register permanent residence or adjust status
• Have been inspected and admitted into the United States
• Be physically present in the United States at the time of filing the I-485
• Eligible to receive an immigrant visa
• The job offered to you from your employer still exists
• No, be barred from adjusting status
• Be admissible to the United States as a permanent resident

Generally, individuals can apply for a work permit at the same time, or any time after, they file the I-485. In order to get a work permit, the individual must file an I-765 application for employment authorization.