Employment Based - “Green Card”

U.S. permanent residence (commonly referred to as green card status) may be gained through a range of employment-based (EB) immigration options. Many of the EB options require the sponsorship of a U.S. employer. The employer must intend to hire the foreign national on a long-term basis for a position that is not considered temporary. The employer must obtain approval through the U.S. Department of Labor (DOL) and/or the USCIS, depending upon the type of case. In limited EB categories, the foreign national may self-sponsor. In some cases, the U.S. employer can be or must be a company owned in whole or in part by the foreign national.

Many EB cases require three separate stages.

The first stage is the PERM labor certification (PERM labor) process.
The second stage is the filing of an immigrant petition with the USCIS by the employer.
The third stage requires the foreign national to apply either for adjustment of status to permanent residence or for consular processing for an immigrant visa, based upon approval of the first two steps.

Categories:

Employment First Preference (EB-1)

Priority Workers receive 28.6 percent of the yearly worldwide limit. All Priority Workers must be the beneficiaries of an approved Form I- 140, Immigrant Petition for Foreign Worker, filed with USCIS.

Within this preference there are three sub-groups:

Persons of extraordinary ability in the sciences, arts, education, business, or athletics: Applicants in this category must have extensive documentation showing sustained national or international acclaim and recognition in the field of expertise. Such applicants do not have to have a specific job offer so long as they are entering the U.S. to continue work in the field in which they have extraordinary ability. Such applicants can file their own petition with the USCIS, rather than through an employer.
Outstanding professors and researchers with at least three years experience in teaching or research, who are recognized internationally. No labor certification is required for this classification, but the prospective employer must provide a job offer and file a petition with the USCIS.
Certain executives and managers who have been employed at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer. The applicant must be coming to work in a managerial or executive capacity. No labor certification is required for this classification, but the prospective employer must provide a job offer and file a petition with the USCIS.

Employment Second Preference (EB-2)

Professionals Holding Advanced Degrees, or Persons of Exceptional Ability in the Arts, Sciences, or Business receive 28.6 percent of the yearly worldwide limit, plus any unused Employment First Preference visas.

All Second Preference applicants must have a labor certification approved by the DOL, or Schedule A designation, or establish that they qualify for one of the shortage occupations in the Labor Market Information Pilot Program (later).

A job offer is required and the U.S. employer must file a petition on behalf of the applicant. Aliens may apply for exemption from the job offer and labor certification if the exemption would be in the national interest, in which case the alien may file the petition, Form I-140, along with evidence of the national interest.

Two subgroups within this category:

Professionals holding an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree and at least five years progressive experience in the profession.
Persons with exceptional ability in the arts, sciences, or business. Exceptional ability means having a degree of expertise significantly above that ordinarily encountered within the field.

In addition, you could also apply for the EB-2 National Interest Waiver, or NIW. This is a special situation in which the holder can bypass the PERM Labor Certification and job offer requirements, meaning that applicants can self-petition for the NIW. However, you need to show that your work is beneficial enough that it would be in the nation’s best interest for the USCIS to waive the PERM and job offer requirements.

An EB2 visa lawyer can help you identify which subgroup may be more appropriate for your situation.

Employment Third Preference (EB-3)

Skilled Workers, Professionals Holding Baccalaureate Degrees and Other Workers receive 28.6 percent of the yearly worldwide limit, plus any unused Employment First and Second Preference visas.

All Third Preference applicants require an approved I-140 petition filed by the prospective employer. All such workers require a labor certification, a Schedule-A designation, or evidence that they qualify for one of the shortage occupations in the Labor Market Information Pilot Program.

Three subgroups within this category:

Skilled workers are persons capable of performing a job requiring at least two years” training or experience;
Professionals with a baccalaureate degree are members of a profession with at least a university bachelor’s degree; and
Other workers are those persons capable of filling positions requiring less than two years” training or experience.

Employment Fourth Preference (EB-4)

Special Immigrants receive 7.1 percent of the yearly worldwide limit. All such applicants must be the beneficiary of an approved I-360, Petition for Special Immigrant, except overseas employees of the U.S. Government who must use Form DS-1884. Certain spouses and children may accompany or follow-to-join the principal special immigrant.

Employment Fifth Preference (EB-5)

Employment Creation Investors receive 7.1 percent of the yearly worldwide limit. All applicants must file a Form I-526, Immigrant Petition by Alien Entrepreneur with USCIS.

To qualify, an alien must invest between U.S. $500,000 and $1,000,000, depending on the employment rate in the geographical area, in a commercial enterprise in the United States which creates at least 10 new full-time jobs for U.S. citizens, permanent resident aliens, or other lawful immigrants, not including the investor and his or her family.