Immigrant related Frequently Asked Questions 

I am a professional. How can I get my green card?

The professional seeking to enter the United States has several possible options:

Marriage to a USC
If you get married to a US citizen, you can obtain a green card in that manner, so long as the marriage is a bona fide marriage.

H-1 classification
Alternatively, you can find a US employer to sponsor you for employment in the US. The employer could then file an H-1 petition in order to bring you to the United States. In order to qualify as a "professional" for the purposes of an H-1 visa, the alien must have obtained a baccalaureate degree or higher, or the foreign equivalent of such a degree. If you do not hold such degree but have acquired professional experience, the experience you have may be substituted for the degree requirement for the H-1 visa. However, the equivalency requirements are hard to meet. As a general standard, the regulations require three years of specialized training or professional experience for every year lacking in formal university education. The professional nature of that experience must be detailed, as well as how it progressed and the professional qualifications of the colleagues and supervisors who contributed to such professional training. The professional must also hold a state license in the particular field, where this is required in order to practice that profession. 
The H-1 classification requires a labor certification, which must be filed with the Department of Labor. This asserts that the foreign employee will not be displacing qualified US workers if they are hired. The labor certification may be waived, however, if it is in the national interest for the requirement to be waived for that particular employee. Also, if that particular employer is able to document his good faith efforts in the last six months to find a US employee to fill the position that the foreign employee seeks to fill, the employer may get a request for a Reduction in Recruitment approved. (See the next topic for details concerning this process).

1st, 2nd or 3rd Employment Based Preference Visas
The professional may also seek to qualify under the 1st, 2nd or 3rd employment-based preferences. The employee is also required to have a US employer sponsor for such a visa.

The US-based employer offering the alien employment must provide full-time, permanent employment. In most cases, the Department of Labor must certify that US workers that qualify for the job are unavailable to fill this position. To qualify for an Employment-based preference, the alien must meet the minimum requirements for the job, the employer must be able to pay the alien's salary, and the alien and employer must both intend for the alien to take the position.

The First Preference category includes the following: 
(1) extraordinary persons, 
(2) outstanding professors and researchers, and 
(3) executives and managers transferring from abroad with multinational companies.

A Second preference category is reserved for persons of exceptional ability in the sciences, arts or business, and professionals who hold advanced degrees.

The Third Preference category includes skilled workers (with two or more years of work experience), professionals who hold baccalaureate degrees and other (unskilled) workers.
Only 10,000 of the possible 40,000 in this category are available to the unskilled worker category. In order to be included in the category of Professional, the alien must actually hold a baccalaureate degree. In order to qualify for the Professional category, the alien may not substitute a certain amount of work experience as the equivalent of a degree.

L-1 Visa
The professional may also try to qualify under the L-1 visa program. In order to obtain L-1 status, the employee must have worked abroad for the overseas affiliate of the US Company seeking to sponsor him for a continuous period of one year in the preceding three years. The company must be a qualifying organization (one that is doing business in the United States and at least one other country during the whole period of the proposed transfer of the alien). The alien to be transferred must have been employed abroad in an "executive" or "managerial" position involving "specialized knowledge." The alien must also be coming to the US to fill a position involving the above capacities. The employee must be qualified for the position by virtue of prior experience or education. Finally, the alien must intend to depart the United States upon completion of the authorized stay (including extensions), however, the alien may pursue permanent resident status at the same time.

J-1 Visa
The professional may also try to obtain a J-1 visa. The J-1 visa is used by foreign students, scholars, experts, international visitors, and industrial and business trainees, to enter the US as "exchange visitors" in US government approved Exchange Visitor Programs. The purpose of these programs is to gain experience, study, or do research in their respective fields.

O-1 Visa
The O visa is set aside for aliens of "extraordinary ability" in the sciences, arts, education, business, or athletics, certain aliens accompanying or assisting those aliens, and their family members. However, in business, only a person who is one of the small percentages who are at the very top of their field qualifies as having extraordinary ability. The alien must prove sustained national or international recognition for achievements in their particular field.

Computer "Professionals"
In the computer field, the INS distinguishes between software jobs that involve systems analysis and other computer occupations. Those with degrees in computer science or those in fields (such as analysts), which ordinarily require such a degree, are considered to be professionals. Programmers often qualify as professionals without a bachelor's degree. As a general rule, if the work is complex enough, the person can qualify as a professional. Positions involved in the operation, installation, or servicing of computers or supporting equipment are not considered professional. However, jobs in the design or manufacture of hardware which often require electrical engineering knowledge, qualifies as a professional by definition. If you qualify as a professional based upon these descriptions, see above for options concerning obtaining a visa that could lead to permanent residency (obtaining a green card).