An aspiring immigrant who has earned a Bachelor’s Degree or its foreign equivalent may be eligible for employment-based permanent residency. These “Professional Workers” are in the “EB-3” (third preference) category, which includes a diverse group of professionals, ranging from doctors to lawyers, engineers to architects, and teachers to scientists.

U.S. Citizenship and Immigration Services (USCIS) requires the following in order to classify an individual as a “Professional Worker”: (1) the applicant must have a U.S. Bachelor’s or a foreign equivalent degree; (2) their occupation requires the minimum of a Bachelor’s Degree for entry; and (3) they are a member of the profession.

For aliens who satisfy the above-stated criteria and have been offered a job, the initial step towards acquiring their permanent residency is for the petitioning employer to file a Labor Certification request. This Labor Certification request, commonly known as “PERM”, is filed with the U.S. Department of Labor. The Labor Certification must contain information about the job’s duties, responsibilities, and the minimum qualifications necessary to adequately perform the job. If recruitment efforts indicate that no U.S. workers are available and willing to perform the proffered job, the Department of Labor will certify the application.

However, the mere step of Labor Certification approval does not guarantee an approval of an employment-based Green Card. Rather, it is only the first step in the process. Following the approval of the Labor Certification request, the employer must file a petition with USCIS. The petition must be accompanied by additional proof of the alien’s qualifications, including proof of the alien’s Bachelor’s Degree or foreign equivalency; evidence that the occupation is a profession; and evidence that the alien is a member of the profession by virtue of his or her education.

Similarly to the filing of a labor certification request, though, an approved petition is not guaranteed solely because the required items have been submitted. An approval will only be forthcoming if the documentary evidence about the beneficiary’s qualifications, the nature of the job opportunity and the employer’s financial viability is thorough and comprehensive. If an alien is able to successfully navigate the foregoing steps, then they are well on their way to acquiring lawful permanent residence status in the U.S. The final step consists of awaiting visa availability in the employment-based third preference category and proper applying for the Green Card when the opportunity presents itself.