Permanent resident status, symbolized by the inaptly-named "green card" (actually a bluish-pink), confers on foreign nationals the right to live and work in the United States without time limitations. The two most common ways of becoming a permanent resident are (1) through close family ties to a U.S. citizen or permanent resident, or (2) through employment in the United States, usually based on a job offer from a United States employer. In both cases, the alien must be sponsored, either by the relative or the employer, who files a petition with the INS to have the alien, who is the "beneficiary" of the petition, classified as a person qualified to immigrate.

Qualifying For Permanent Residence In The First Three Employment-Based Preferences

Congress has established preferences to certain classes of persons immigrating to the United States. Certain groups, such as immediate relatives of U.S. citizens, have no limitation on the number of aliens who can immigrate. Most other groups are subject to an overall numerical limitation–set at 120,000 per year for employment-based immigrants in the first three employment-based preferences. The other two employment-based preferences are each allotted 10,000 annual visas. For all groups, the following are applicable:

The U.S.-based employer offering the alien employment must provide full-time, permanent employment;

To qualify for an employment-based preference, the alien must meet the minimum requirements for the job, the employer must be able to pay the alien's salary, and the alien and employer must both intend for the alien to undertake the position: and

Under the Immigration Reform and Control Act of 1986 (IRCA), employers can be penalized for knowingly hiring or continuing to employ aliens who do not have permission to work in the United States.

EB1

The first employment-based preference (about 40,000 annual visas) is for "priority workers." These include managers and executives subject to international transfer to the United States; outstanding professors and researchers with universities or private employers that have established research departments; and aliens of "extraordinary ability" in the sciences, arts, education, business, and athletics.

EB2

The second employment-based preference (about 40,000 annual visas plus visas not used in the first preference) is for aliens of "exceptional ability" in the sciences, arts, or business; and advanced-degree professionals. For this category, the employer must obtain a labor certification from the United States Department of Labor that there are no available U.S. workers to fill the position, unless it is waived in the national interest;

EB3

The third employment-based preference (about 40,000 annual visas plus visas not used in the first and second preferences) is for professionals with bachelor's degrees not qualifying in the second preference; skilled workers (filling positions requiring at least two years of training; and unskilled workers. Only 10,000 visas of the annual allotment may be assigned to unskilled workers, effectively creating a separate subpreference for those workers. For the third preference category, labor certification and an offer of employment are required.