Dublin, CA Immigration Law Firms & Lawyers

Educational background is, indeed, an important factor in determining eligibility for various employment-based visas or immigration. For example, H-1B requires, at least, a bachelor's degree. It does not, however, mean that you cannot qualify for any USCIS-approved category. Depending on characteristics of your prospective employer, and the job responsibilities and title you would have, the employer might be able to file for an employment-based green card. However, I doubt that they would be willing to wait about a year for an approval. Usually, U.S. employers prefer to get workers into the U.S. on non-immigrant work visas, with the option of obtaining green cards later. Eligibility for each of the possible visas is so highly dependent on specifics of the sponsoring employer and of the offered position that a discussion "in general terms" is rather pointless. I would recommend a face-to-face or a telephone consultation with an immigration attorney.

In order to be eligible you must be qualified. There must be a basis of eligibility. Generally they are through an immediate relative or work. However, if you are not qualified you cannot obtain residence if out of status other than marriage to a U.S. citizen. If you were placed in removal proceedings you could ask for the removal to be cancelled based on the hardship to U.S. citizen immediate relatives. Otherwise you have to wait for a change in the law.