Employment law

green card eligibility

In order to apply for a Green Card you must be eligible under one of the categories in the Immigration Nationality Act (INA), located in the federal statutes at 8 U.S.C. §1101. And the applicable regulations are located in the Code of Federal Regulations, beginning at 8 C.F.R. §1. One of the potential bases of eligibility for a Green Card is as an immigrant worker. You may be eligible to apply for a Green Card as an immigrant worker if you:

1. Are a first preference immigrant worker, meaning you:

• have extraordinary ability in the sciences, arts, education, business, or athletics, or

• are an outstanding professor or researcher, or

• are a multinational manager or executive who meets certain criteria

2. Are a second preference immigrant worker, meaning you:

• are a member of a profession that requires an advanced degree, or

• have exceptional ability in the sciences, arts, or business, or

• are seeking a national interest waiver

3. Are a third preference immigrant worker, meaning you are:

• a skilled worker (meaning your job requires a minimum of 2 years training or work experience), or

• a professional (meaning your job requires at least a U.S. bachelor's degree or a foreign equivalent and you are a member of the profession), or

• an unskilled worker (meaning you will perform unskilled labor requiring less than 2 years training or experience)

State Statutes for the State of Texas

Federal Statutes