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Foreign Nationals seeking to live and work in
the United States on a permanent basis must obtain legal permanent resident
status from the Immigration and Naturalization Service. Generally there
are four methods of obtaining permanent residence in the United States:
(1) an employment-based petition, (2) a family-based petition, (3) the
Diversity Lottery, and (4) an application for political asylum. Obtaining
permanent residence is a sometimes long and often complicated process.
Persons seeking to obtain this benefit should be prepared for long waiting
periods and many layers of bureaucratic red tape.
Employment-Based Permanent Residence
Overview: Foreign nationals seeking permanent
residence through the employment-based channel have many considerations
to keep in mind while pursuing and planning their application process.
The first consideration is a determination of which Preference Category
is appropriate for the particular applicant. The immigration law provides
for several different preferences into which a prospective permanent resident
may fall. The first preference category includes persons of extraordinary
ability, outstanding researchers, and multinational managers and executives.
The second preference includes persons of exceptional merit and ability,
and persons holding a master's degree or higher. The third preference
includes persons with a bachelor's degree or two years of training in
an occupation, which requires two years of training as the minimum for
entry into the field. The fourth preference includes all other workers.
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