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 Texas, 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) found at 8 U.S.C. §1101 and the accompanying regulations at 8 C.F.R. §1. To apply for a Green Card as an immigrant worker, you must fall into one of the three preference categories. First preference immigrant workers include those with extraordinary abilities, outstanding professors and researchers, and certain multinational managers and executives. Second preference includes professionals with advanced degrees, individuals with exceptional ability in certain fields, or those seeking a national interest waiver. Third preference immigrant workers encompass skilled workers with at least two years of training or experience, professionals whose jobs require a bachelor's degree or equivalent, and unskilled workers whose jobs require less than two years of training or experience. An attorney specializing in immigration law can provide guidance on the application process and help determine if an individual meets the specific criteria under these categories.
