Employment Sponsorship


Permanent Residence through
Employment Sponsorship:

One of the most common methods for obtaining permanent resident status in the United States is through an offer of permanent employment by a U.S. employer. Before applying for permanent resident status (either at a U.S. consulate abroad or at the local Immigration office), an immigrant visa petition must first be filed with and approved by the regional office of the Department of Homeland Security's - Citizen & Immigration Service (CIS).

This web page provides a basic summary of the various categories for employment sponsorship.

The law provides strict guidelines as to the specific requirements necessary for an offer of employment to fall within each of the categories. The alien must also meet certain criteria to qualify for a particular category.


First Preference Category

(labor certification is NOT required):

Priority Workers:

Second Preference Category

(labor certification required, unless waived in the national interest):

Waiver in the national interest

The job offer requirement and, therefore, the labor certification can be waived in the national interest. It has to be considered on the facts of each case, if an alien comes to the U.S. for the purpose of working in the national interest. The definition of 'national interest' is quite complicated and has been the focus of several lawsuits.