Employment Based Immigrant and Non-Immigrant Petitions

U.S. law provides Immigrants with a variety of ways to become lawful permanent residents through employment in the United States. These employment-based petitions (EB) “preference immigrant” categories include:

• Priority workers
  • Aliens with extraordinary ability in the sciences, arts, education, business, or athletics;
  • Outstanding professors and researchers; or
  • Certain multinational managers and executives.
• Second preference – aliens who are members of the professions holding advanced degrees or who have exceptional ability (including requests for national interest waivers). 
• Third preference – skilled workers, professionals, or other workers.

How to Apply

If you are currently in the United States, an immigrant visa is immediately available to you as an Priority Worker, Second Preference or Third Preference immigrant if you meet certain other requirements, you may file Employment-Based Petitions to Register Permanent Residence or Adjust Status, to apply for a Green Card without leaving the country. This is called “adjustment of status.” If a visa is immediately available, you may file.

• Together with Immigrant Petition for Alien Worker filed on your behalf;
• While the Application is pending; or
• After the Application is approved (and remains valid).

Non-Immigrant Based-Employment Petitions

Petitioners use many kinds of forms to file on behalf of a non-immigrant worker to come to the United States temporarily to perform services or labor, or to receive training, as an H-1B, H-2A, H-2B, H-3, L-1, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1 or R-1 non-immigrant worker. Petitioners may also use this form to request an extension of stay in or change of status to E-1, E-2, E-3, H-1B1 or TN, or one of the above classifications for an alien.

Special Instructions

Inadmissibility on Public Charge Grounds final rule implementation 

Immigrant Based-Employment Petitioners requesting an extension of stay or change of status on behalf of aliens who are subject to the new public benefit condition do not need to report the receipt of public benefits if such benefits are received before Feb. 24, 2020.

Extension of Stay Requests for Beneficiaries Who Entered the United States Based on an Approved Blanket L Petition:

All petitioners requesting an extension of stay for a beneficiary who entered the United States based on an approved blanket L petition must file the following:

• Petition for a Non-immigrant Worker,
• Non-immigrant Petition Based on Blanket L Petition and
• A copy of their previously approved Application.

Change of Status Request for Beneficiaries Who are in the United States:

All Employment-Based Petitions requesting a change of status to L-1 based on an approved blanket L petition for a beneficiary who is currently in the United States must file the following:

• Petition for a Non-immigrant Worker, and
• Non-immigrant Petition Based on Blanket L Petition.

Evidence of Petition Approval Needed When Traveling:

Along with a valid passport and visa (if applicable), the alien beneficiary should carry the following documents when traveling to the United States:

• USCIS petition approval notice

The beneficiary should present this documentation to U.S. Customs and Border Protection when seeking entry or re-entry into the United States in the approved petition employment classification.

Evidence of a petition approval is not a visa and the beneficiary must possess the appropriate non-immigrant visa, if one is required, before applying for admission into the United States.

Application Validity:

When the beneficiary with an approved Application is admitted to the United States, U.S. Customs and Border Protection grants the beneficiary a period of stay documented on petition or as noted in the passport or travel document.

If the expiration date on Application ends before the end of Petition validity period one of the following must occur before the expiration date on petition or as noted in the passport or travel document:

• A petitioner must file a request for an extension of stay on behalf of the beneficiary.
• An application for some other immigration benefit that would allow the beneficiary to remain in the United States must be filed; or
• The beneficiary must depart the United States.

If the non-immigrant worker’s stay is limited as described above, any dependent family members who accompanied or followed to join the beneficiary must also:

• Request an extension of stay.
• Apply for some other immigration benefit that would allow the family member to remain in the United States; or
• Depart the United States, before the expiration date on the family member’s petition or the date noted in the family member’s passport or travel document.