Nonimmigrants can apply to change their status to permanent resident status within the following categories:
Employer-sponsored petitions:
The foreign national must be sponsored by a U.S. employer. For certain types of applicants, labor certification is required through the Program Review Electronic Management (PERM) process. This process, handled through the Department of Labor, ensures that a shortage of qualified U.S. workers exists before the applicant can fill the job.
Employer-based immigration categories are as follows:
First Preference - EB-1
Includes workers of extraordinary ability in the sciences, arts, education, business, or athletics, outstanding professors and researchers, and multinational executives and managers. This class doesn't require labor certification.
Second Preference - EB-2
Includes workers of exceptional ability in the sciences, arts, or business, and professionals with advanced degrees. With some exceptions, labor certification is required.
Third Preference: EB-3
Includes professionals with at least a bachelor's degree, skilled workers with at least two years experience, and other workers with at least two years experience.
Fourth Preference:
Includes religious workers, such as ministers, priests and monks, or professionals and others working in a religious occupation.
Fifth Preference:
Includes foreign nationals investing in the US.
Family-sponsored petitions:
US citizens can sponsor relatives from abroad. The types of relatives who qualify fall into two categories:
Immediate relatives:
- Spouses of US citizens.
- Unmarried children, under 21, of US citizens.
- Parents of US citizens. The citizens must be at least 21 years of age.
Nonimmediate relatives:
- First preference - unmarried sons or daughters of US citizens who are 21 years of age or older.
- Second preference - unmarried sons or daughters of permanent residents.
- Third preference - married sons or daughters of US citizens.
- Fourth preference - brothers or sisters of US citizens who are at least 21 years of age.