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Permanent Residency Sponsorship

A Brief Outline of Permanent Residence Categories

The Immigration and Nationality Act of 1990 established three categories for employment-based immigration. Learn more >>

The categories are:

1. First Preference "Priority Workers"
   
   
   1. Aliens of Extraordinary Ability
      Used in very rare instances of high acclaim where an individual is in the top 2% of his or her field worldwide.
      
      
   2. "Outstanding Professor" and "Outstanding Researchers"
      To qualify, the foreign national must be internationally recognized as outstanding in a specific field, must have a minimum of three years experience teaching or researching in that area, and must be offered a tenure track teaching position or a long-term (permanent in nature) research position.
      
      
   3. Multinational Managers and Executives
      This category does not generally apply to academic university positions.

All three First Preference sub-categories offer two important benefits. First, with the First Preference category there is no need to obtain a Labor Certification -- proof based on the findings of a competitive recruitment that there are no U.S. workers who are qualified for and interested in the position offered. Second, because this represents a more streamlined procedure, an applicant in the First Preference category can expect the processing time to be reduced considerably.

The "Outstanding Professor"/"Outstanding Researcher" category and the Multinational Manager and Executive category both require a permanent job offer and an official institutional sponsor.

2. Second Preference

This category is for aliens who are members of the professions holding advanced degrees as well as "Aliens of Exceptional Ability in the Sciences, Arts or Business."

1. Member of the Professions Holding Advanced Degrees
   "Advanced Degree" is defined as any degree beyond a baccalaureate. "Professions" include any occupation for which a baccalaureate degree is the minimum requirement for the job.
   
   
2. "National Interest"
   The "National Interest" category relates to individuals who, because of their exceptional ability in the sciences, arts, or business, will substantially benefit U.S. national, economic, cultural, educational, or environmental interests. As with the First Preference "Extraordinary Ability" category, neither a job offer nor a labor certification is required for the "National Interest" applicant.

3. Third Preference

This category relates to professionals, skilled workers, and other workers, and is sub-divided as follows:

1. Professionals: Must posses a minimum of a Baccalaureate degree, and,
   
2. Skilled Workers: Positions which require a minimum of two years' training or experience.

Foreign Nationals whose eligibility for permanent residence status is based upon a Second or Third Preference Petition must, in most cases, first obtain a Labor Certification from the United States Department of Labor (DOL). The purpose of the Labor Certification process, as defined by law, is to determine whether, for the given occupation, there are United States workers who are qualified, willing, and able to fill the preferred position.

4. Processing Time

The amount of time it takes to process an application for permanent residence depends on the category and the facts of each particular case. It is safe to say that it will take a minimum of 18 months for most applications.

If you would like more detailed information or if you're interested in having your individual case evaluated, we suggest that you contact an immigration attorney for a consultation.  If you are interested in having Tufts University sponsor you for a green card, learn more detailed information >>