United States of America - Skilled Immigration


Skilled Immigration Overview

Unlike Canada, Australia and New Zealand, the United States does not currently have a points-based system of immigration for skilled workers and professionals. If you are a skilled worker or a professional, and you would like to become a permanent resident of the USA, you will need to get an employer to sponsor you on the basis of permanent employment in the USA.

Generally, U.S. employers complete a labor certification request (ETA 750) for the applicant and submit it to the Department of Labor's Employment and Training Administration. (Physicians who will practice medicine in any area of the United where there is an official shortage of physicians are relieved from this requirement.)

A U.S. business wishing to employ an immigrant also needs to file an immigrant visa petition, Form I-140, Petition for Alien Worker.

All going well, the State Department will then give the applicant an immigrant visa number. If the applicant is already in the United States then needs to apply to adjust to permanent resident status after a visa number becomes available.



Employment Visa Categories

There are five categories leading to permanent residence based on employment skills.

1. EB-1 Priority workers
  • Foreign nationals of extraordinary ability in the sciences, arts, education, business or athletics
  • Foreign nationals who are outstanding professors or researchers
  • Foreign nationals who are managers and executives subject to international transfer to the United States


2. EB-2 Professionals With Advanced Degrees or Persons with Exceptional Ability
  • Foreign nationals of exceptional ability in the sciences, arts or business
  • Foreign nationals who are advanced degree professionals
  • Qualified alien physicians who will practice medicine in an area of the U.S. that is under-served.


3. EB-3 Skilled or Professional Workers
  • Foreign national professionals with bachelor's degrees (not qualifying for a higher preference category)
  • Foreign national skilled workers (minimum two years training and experience)
  • Foreign national unskilled workers


4. EB-4 Special Immigrants
  • Foreign national religious workers
  • Employees and former employees of the U.S. Government abroad


5. EB-5 Immigrant Investors

10,000 EB-5 visas per year are available to individuals seeking permanent residence on the basis of engagement in a new commercial enterprise.

Activities that could enable you to qualify for an EB-5 include:
  • creating an original business
or
  • purchasing an existing business and simultaneously or subsequently restructuring or reorganizing the business such that a new commercial enterprise results
or
  • expanding an existing business by 140 percent of the pre-investment number of jobs or net worth, or retaining all existing jobs in a troubled business that has lost 20 percent of its net worth over the past 12 to 24 months
In addition to these requirements, you would need to:
  • invest at least $1 million in a new commercial enterprise
or
  • invest at least at least $500,000 in a "targeted employment area" - an area of higher than average unemployment
Finally, in addition to the above, your proposed business would need to:
  • create full-time employment for at least 10 qualified individuals
or
  • maintain the number of existing employees at no less than the pre-investment level for a period of at least two years, where the capital investment is being made in a "troubled business," which is a business that has been in existence for at least two years and that has lost 20 percent of its net worth over the past 12 to 24 months.

Further Reading

You can learn more about permanent residence based on employment from the United States Government's Citizenship and Immigration Services.