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U.S. immigration law is intended to protect U.S. employers and assist them with locating and recruiting foreign workers where needed.  U.S. immigration law is also set up to protect U.S. workers from losing jobs to foreign born workers.  Within this structure there are still opportunities for U.S. employers to sponsor foreign workers for temporary visas and legal permanent residency (green card) in the United States.

In some cases the U.S. employer must test the labor market and establish that there is no U.S. worker(s) available to fill the position before filing a petition with the U.S. Citizenship and Immigration Services office.  In other cases it is possible for highly-skilled individuals to immigrate without the necessity of having the U.S. employer test the labor market.

The level of skill required for the position, among other variables, determines which category of employment based immigration you will be eligible to immigrate through.  Each category has its own specialized requirements.

The EB-1 (green card) category consists of (1) persons of extraordinary ability, (2) outstanding professors and researchers and (3) executives and managers of multi-national employers.

The EB-2 (green card) category consists of (1) persons of exceptional ability and (2) persons whose jobs require an advanced university degree or its equivalent.

The EB-3 (green card) category consists of (1) professionals, (2) skilled workers and (3) unskilled workers.

The EB-4 (green card) category consists of (1) religious workers and (2) other “special immigrants”.

The EB-5 (green card) category consists of investors and does not require an employment offer.

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