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 Kansas, 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. An immigrant worker may be eligible for a Green Card under one of three preference categories. The first preference category includes individuals with extraordinary abilities in various fields, outstanding professors or researchers, and certain multinational managers or executives. The second preference category is for professionals with advanced degrees or individuals with exceptional ability in the sciences, arts, or business, and those seeking a national interest waiver. The third preference category covers skilled workers with at least two years of training or experience, professionals whose jobs require at least a U.S. bachelor's degree or equivalent, and unskilled workers who can perform labor requiring less than two years of training or experience. An attorney can provide guidance on the application process and help determine the appropriate category and eligibility for individuals seeking a Green Card in Kansas.