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)
In Vermont, as in all states, the eligibility for a Green Card as an immigrant worker is governed by federal law, specifically the Immigration Nationality Act (INA) at 8 U.S.C. §1101 and the corresponding regulations at 8 C.F.R. §1. There are no state-specific immigration laws that would alter the federal requirements for obtaining a Green Card as an immigrant worker. To be eligible, you must fall into one of the three preference categories. First preference immigrant workers include those with extraordinary abilities, outstanding professors and researchers, or certain multinational managers or executives. Second preference includes professionals with advanced degrees or individuals with exceptional ability in certain fields, and those seeking a national interest waiver. Third preference encompasses skilled workers, professionals, and unskilled workers as defined by the federal criteria. An attorney specializing in immigration law can provide guidance on the application process and help determine if you meet the federal eligibility criteria.