Immigrant VISAS - Employment
Green Cards
Employment-Based Green Cards
There are a variety of employment-based immigration options available, depending on your profession, experience, education, expertise, and numerous other factors. For certain categories, the applicant must have an existing job offer from a qualifying business, while others require investment or extraordinary abilities on the part of the applicant.
When seeking employment-based permanent residence it is important to understand that regulations are strict, and residency is based on a set of preference categories.
The following lists which employment-based qualifications to obtain permanent residency in the US:
FIRST PREFERENCE (EB1) INCLUDES
Multinational Manager or Executive
A multinational executive or manager seeking to obtain a “green card” and become a lawful permanent resident may apply for classification in the EB-1C visa category of employment-based immigrant visa in the United States. This classification is designated for multinational executives or managers who are transferred to the United States by their employer to work in a managerial or executive capacity.
The EB-1C visa is part of the Employment-Based First Preference category, which is reserved for priority workers. This means that EB-1C visa applicants do not need to go through the labor certification process, which is typically required for other employment-based immigrant visas.
To qualify for an EB-1C visa, the applicant must have been employed outside the United States in a managerial or executive capacity for at least one out of the three years immediately preceding the application.
The applicant must be coming to the United States to work for the same employer, a subsidiary, affiliate, or parent company in a managerial or executive capacity.
There must be a qualifying relationship between the foreign employer and the U.S. employer, such as a subsidiary, affiliate, or parent company relationship.
The U.S. employer must have been doing business for at least one year prior to filing the EB-1C petition.
The EB-1C visa leads to lawful permanent residence (green card) in the United States. Once approved, the applicant and their eligible family members apply to stay in the US to live and work permanently.
Extraordinary Ability
Individuals with extraordinary ability in the sciences, arts, education, business, or athletics may consider the EB-1A visa classification as the means to obtain a “green card” to live and work in the US. This classification is part of the EB-1 (Employment-Based First Preference) visa category, which is specifically designated for priority workers.
To qualify for an EB-1A visa, individuals must demonstrate extraordinary ability in their field, which means they have risen to the top of their field and have sustained national or international acclaim. This can be demonstrated through receipt of major awards, membership in prestigious professional organizations, publications, media coverage, or other comparable evidence.
Unlike many other employment-based immigrant visas, the EB-1A visa does not require employer sponsorship. Individuals can self-petition for this visa, meaning they can apply for it without the need for a job offer from a U.S. employer.
USCIS evaluates EB-1A visa applications based on specific criteria, including evidence of receipt of major awards or prizes, membership in associations that require outstanding achievements, published material about the applicant’s work, participation as a judge of the work of others, original scientific, scholarly, artistic, athletic, or business-related contributions, authorship of scholarly articles, and more.
Since EB-1A visas are classified as “priority workers” in the immigrant visa system, generally there is no backlog for visas in this category. This results in faster processing times compared to other employment-based immigrant visas.
Outstanding Professors and Researchers
Outstanding professors and researchers who will contribute to the United States’ academic and research institutions may find a path to permanent residency based on their significant recognition and accomplishments in their academic field. Thus, they could qualify for employment-based immigrant visa category in the United States, in the EB-1 (Employment-Based First Preference) priority visa classification. It is specifically designed for individuals who are internationally recognized as outstanding in their academic field.
To qualify for an EB-1B visa, individuals must demonstrate international recognition as outstanding professors or researchers. They must have at least three years of experience in teaching or research in their academic field and must be entering the United States to pursue tenure or a comparable research position at a university or other institution of higher education or a private employer that has a research department.
Applicants must provide extensive documentation to demonstrate their outstanding achievements in their academic field. This may include evidence of major awards or prizes, memberships in prestigious professional organizations, published research, significant contributions to the field, and letters of recommendation from experts in the field.
Unlike many other employment-based immigrant visas, the EB-1B visa does not require a labor certification from the U.S. Department of Labor. This means that employers do not need to go through the labor certification process to demonstrate that there are no qualified U.S. workers available for the position.
EB-1 visas, including EB-1B visas, are classified as “priority workers” in the immigrant visa system, which means there is generally no backlog for visas in this category. This results in faster processing times compared to other employment-based immigrant visas.
SECOND PREFERENCE (EB2)
Professionals with advanced degrees
It is one of the subcategories under the EB-2 (Employment-Based Second Preference) visa classification.
The EB-2 visa category is available for professionals with advanced degrees, which generally refers to a master’s degree or higher or a bachelor’s degree plus five years of progressive experience in the field.
An advanced degree is any academic or professional degree earned in the United States or abroad that is higher than a baccalaureate. The equivalent of a master’s degree is a bachelor’s degree from the United States or a foreign country plus five years of progressive work experience in the field. The petitioner must also either have received a job offer from a U.S. employer or qualify for a “national interest waiver”, in which case they may self-sponsor.
In most circumstances, the U.S. employer giving the employment must seek labor certification before a foreign citizen can apply for an EB-2 green card. Individuals who are eligible for a “national interest waiver” of the labor certification requirement are exempt from this rule.
To prove eligibility, an official academic record showing you have a U.S. advanced degree (or a foreign equivalent degree); or the official academic records and letters from current or former employers showing you have at least five years of progressive work experience in your field after you earned your bachelor’s degree may be presented.
To demonstrate the “progressive work experience” requires that throughout the course of the five years, the level of responsibility, the complexity of the activities, and the knowledge they acquired in that role all had increasingly advanced.
Aliens of “Exceptional Ability”
It is one of the subcategories under the EB-2 (Employment-Based Second Preference) visa classification.
The EB-2 visa category is available for individuals with exceptional ability in their field. This includes individuals who have achieved significant recognition and accomplishments in their profession, such as through awards, publications, memberships in professional organizations, and other achievements.
Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”
To qualify for an EB-2 Exceptional Ability visa, individuals must demonstrate exceptional ability in their field. This means they must have a level of expertise significantly above that ordinarily encountered in their profession.
Applicants must provide extensive documentation to support their claim of exceptional ability. This may include evidence of professional achievements, such as awards, publications, memberships in professional organizations, and letters of recommendation from experts in the field.
Unlike many other employment-based immigrant visas, the EB-2 Exceptional Ability visa does not require a labor certification from the U.S. Department of Labor. This means that employers do not need to go through the labor certification process to demonstrate that there are no qualified U.S. workers available for the position.
The EB-2 visa category, including the Exceptional Ability subcategory, may have a backlog for individuals from certain countries, particularly those with high demand for immigrant visas. As a result, applicants may face waiting periods before their priority date becomes current and they can proceed with the final stages of the immigration process.
Once the priority date becomes current, EB-2 Exceptional Ability visa holders, and the spouse and children under 21, are eligible for lawful permanent resident status (green card) in the United States, which grants them the right to live and work permanently in the United States.
NATIONAL INTEREST WAIVER
The National Interest Waiver [NIW] visa category is one of the sub-classifications of the EB-2 Employment Based immigrant visas. The goal is to attract and retain individuals with exceptional talent and expertise to contribute to the United States’ economy, innovation, research, and culture. It provides a pathway to permanent residency for highly skilled individuals who can demonstrate their work is in the national interest of the United States.
This provision in the United States immigration law will allow certain individuals to apply for an employment-based immigrant visa “green card” without the need for employer sponsorship or a labor
certification from the U.S. Department of Labor. To qualify for a National Interest Waiver, applicants must demonstrate that their work is in the national interest of the United States. Specifically, they must show that their work has substantial merit and national importance, that they are well positioned to advance the proposed endeavor, and that it would be beneficial to waive the requirement of a job offer and labor certification.
certification from the U.S. Department of Labor. To qualify for a National Interest Waiver, applicants must demonstrate that their work is in the national interest of the United States. Specifically, they must show that their work has substantial merit and national importance, that they are well positioned to advance the proposed endeavor, and that it would be beneficial to waive the requirement of a job offer and labor certification.
NIW applicants must have either exceptional ability in their field or an advanced degree (master’s degree or higher) or its equivalent. They must provide evidence to support their qualifications, such as academic achievements, professional accomplishments, publications, awards, memberships in professional organizations, and letters of recommendation.
Unlike many other employment-based immigrant visas, the National Interest Waiver does not require employer sponsorship. Applicants can self-petition for this visa, meaning they can apply for it without the need for a job offer from a U.S. employer.
The EB-2 visa category, including the National Interest Waiver subcategory, may have a backlog for individuals from certain countries, particularly those with high demand for immigrant visas. As a result, applicants may face waiting periods before their priority date becomes current and they can proceed with the final stages of the immigration process.
Once the visa priority date is current, National Interest Waiver visa holders, and the spouse and children under the age of 21, are eligible to file a petition for lawful permanent resident status to live and work permanently in the United States.
Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
Letters documenting at least 10 years of full-time experience in your occupation
A license to practice your profession or certification for your profession or occupation
Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
Membership in a professional association(s)
Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
The criteria for the NIW preference category may include the following:
The EB-2 visa is a Second Preference category is an employment-based immigrant visa classification designed for professionals with advanced degrees or individuals with exceptional ability in their field. It also intends to attract and retain individuals with talent and expertise in various fields to contribute to the United States’ economy, innovation, and culture, and specifically applies to those with exceptional abilities in the sciences, arts, or business.
Most EB-2 visa applicants are required to obtain a labor certification from the U.S. Department of Labor, unless they qualify for a National Interest Waiver (NIW). The labor certification process requires the employer to demonstrate that there are no qualified U.S. workers available for the position and that hiring the foreign worker will not adversely affect the wages and working conditions of U.S. workers in similar positions.
The issuance of immigrant visas is determined by the visa availability. There may be backlogs for individuals from certain countries, particularly those with high demand for immigrant visas. As a result, applicants may face waiting periods before their priority date becomes current and they can proceed with the final stages of the immigration process.
Once the priority date becomes current, EB-2 visa holders are eligible for lawful permanent resident status “green card” in the United States, which grants them, and their spouse and children under the age of 21, the right to live and work permanently in the United States.
Visa Bulletin information:
PREFERENCE
THIRD PREFERENCE (EB3) INCLUDES
Professionals with bachelor’s degrees
An individual holding a US bachelor’s degree or foreign equivalent with an offer of employment for a US job requiring at least a bachelor’s degree may qualify for the third preference employment-based permanent residency category.
Skilled workers
This category applies to individuals who have been offered positions that require at least two years of training and experience.
Unskilled workers
This category is for positions that involve performing unskilled labor (requiring less than 2 years training or experience), that is not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
All EB3 petitions require an offer of employment and a certification from the US Department of Labor [also known as PERM] that there are no qualified US workers available for the position offered.
PREFERENCE
PERM STEPS AND REQUIREMENTS
01
Step
The PERM (Program Electronic Review Management) process is a crucial step in obtaining an employment-based green card in the United States for most EB-2 and EB-3 applicants. Here are the general steps involved in the PERM process:
Job Requirements Analysis:
The employer must conduct a thorough analysis of the job requirements, including duties, skills, educational qualifications, and experience necessary for the position. This analysis helps determine the minimum qualifications for the job.
Prevailing Wage Determination:
Before filing a PERM application, the employer must obtain a prevailing wage determination (PWD) from the Department of Labor (DOL). The prevailing wage is the average wage paid to similarly employed workers in the occupation and geographic area.
Recruitment:
The employer is required to conduct recruitment efforts to test the labor market and demonstrate that there are no qualified U.S. workers available for the position. Recruitment efforts typically include placing advertisements in newspapers, posting the job opening with the state workforce agency, and conducting other recruitment activities as specified by the DOL. After the recruitment period ends, the employer must review the applications received and consider all qualified applicants for the position. If there are any qualified U.S. workers who apply for the job, the employer must be able to document valid reasons for not hiring them. Once the recruitment process is complete and the employer determines that no qualified U.S. workers are available for the position, they can file the PERM application with the DOL. The PERM application includes details about the job, prevailing wage information, recruitment efforts, and documentation supporting the employer’s labor market test. The DOL reviews the PERM application to ensure compliance with all regulatory requirements. If the application is complete and meets all criteria, the DOL will certify the PERM application, indicating that there are no qualified U.S. workers available for the position and that hiring a foreign worker will not adversely affect the wages and working conditions of U.S. workers.
02
Step
After receiving the certified PERM application, the employer can proceed with filing Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign worker. This form is used by a U.S. employer to petition U.S. Citizenship and Immigration Services (USCIS) on behalf of a foreign national employee to classify them as an immigrant worker in one of the employment-based immigrant visa categories.
The employer must submit supporting documentation and evidence with the I-140 petition to demonstrate that the foreign national meets the eligibility criteria for the chosen immigrant visa category. This may include educational credentials, work experience, awards, letters of recommendation, and other relevant documentation.
USCIS will adjudicate the I-140 petition based on the evidence provided and the eligibility criteria for the chosen immigrant visa category. If the petition is approved, USCIS will issue an approval notice, confirming the classification of the foreign national as an immigrant worker.
Once the Form I-140 petition is approved, the foreign worker can proceed with filing for adjustment of status (Form I-485) if they are already in the United States or undergo consular processing if they are outside the United States.
03
Step
When a visa number is available, the foreign national applies for his or her lawful permanent residence. Depending on the preference category (EB-1, EB-2, or EB-3), there may be no wait or a delay of multiple years before a visa is available.
ADJUSTMENT OF STATUS
Adjustment of status is the process by which an eligible foreign national already in the United States can apply to become a lawful permanent resident (green card) without having to leave the country. To be eligible for adjustment of status, the foreign national must meet certain criteria, including:
- Being physically present in the United States.
- Having been inspected and admitted or paroled into the United States (with some limited exceptions).
- Having an immigrant visa immediately available (based on an approved immigrant petition and current priority date).
- Not being ineligible for adjustment of status due to certain grounds of inadmissibility.
The foreign national, along with any eligible dependents (spouse and unmarried children under 21), files Form I-485, Application to Register Permanent Residence or Adjust Status, with U.S. Citizenship and Immigration Services (USCIS). This form is the primary application for adjusting status to that of a lawful permanent resident.
After completing all necessary steps and reviewing the applicant’s case, USCIS will issue a decision to approve or deny the adjustment of status application. If approved, the applicant and eligible dependents will receive their green cards by mail.
CONSULAR PROCESSING
Consular processing is one of the pathways for obtaining an immigrant visa to enter the United States for individuals who are outside the U.S. and seeking lawful permanent residence (a green card). Here’s an overview of consular processing
Immigrant Visa Application Process:
- Once the petition is approved by USCIS, it is forwarded to the National Visa Center (NVC) for further processing.
- The applicant must gather and submit all required documents, including forms, civil documents (such as birth certificates, marriage certificates, etc.), financial documents, and any other supporting evidence.
- Once all required documents are submitted and fees are paid, the NVC will schedule an interview appointment at the U.S. consulate or embassy in the applicant’s home country.
- On the scheduled date, the applicant attends the visa interview at the U.S. consulate or embassy. During the interview, a consular officer determine the applicant’s eligibility for an immigrant visa.
- Once the immigrant visa approved and issued, the applicant can travel to the United States and will become a lawful permanent resident upon entry.
Green Cards
FOURTH PREFERENCE (EB4)
Religious workers
This preference applies to special immigrants including qualified ministers and religious workers as well as certain other categories of limited applicability. Religious workers must have an offer of compensated employment in the US from a qualifying, nonprofit religious institution for which they have worked for at least the previous two years.
This preference applies to special immigrants including qualified ministers and religious workers as well as certain other categories of limited applicability. Religious workers must have an offer of compensated employment in the US from a qualifying, nonprofit religious institution for which they have worked for at least the previous two years.
Other fourth preference categories of limited applicability include:
Broadcasters, Iraqi/Afghan Translators, Iraqis Who Have Assisted the United States, International Organization Employees, Physicians, Armed Forces Members, Panama Canal Zone Employees, Retired NATO-6 employees, Spouses and Children of Deceased NATO-6 employees
Broadcasters, Iraqi/Afghan Translators, Iraqis Who Have Assisted the United States, International Organization Employees, Physicians, Armed Forces Members, Panama Canal Zone Employees, Retired NATO-6 employees, Spouses and Children of Deceased NATO-6 employees
Green Cards
FIFTH PREFERENCE (EB5) Investor Visa Petitions for Lawful Permanent Residence
USCIS administers the EB-5 Program. Under this program, investors (and their spouses and unmarried children under 21) are eligible to apply for lawful permanent residence (become a Green Card holder) if they:
- Make the necessary investment in a commercial enterprise in the United States; and
- Plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers.
This program is known as EB-5 for the name of the employment-based fifth preference visa that participants receive.
Congress created the EB-5 Program in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. In 1992, Congress created the Immigrant Investor Program, also known as the Regional Center Program, which sets aside EB-5 visas for participants who invest in commercial enterprises associated with regional centers approved by USCIS based on proposals for promoting economic growth.
The EB-5 classification requires an investment of $1,050,000 in a new commercial enterprise in the United States. The investment need only be $800,000 if the enterprise is in a rural or “targeted employment area,” (an area where the unemployment rate is at least 150% greater than the national average).
Conditional residence is granted for two years. If investment and employment continue beyond two years, permanent residence is granted.
If you are interested in obtaining permanent residency in the United States, there may be an option available to you through business creation or employment. However, the process and regulations governing this process are incredibly strict and complex.
The waiting period for an immigrant visa is subject to the availability of a visa for the specific category. The US Department of State publishes current immigrant visa availability information in a monthly Visa Bulletin. The Visa Bulletin indicates when statutorily limited visas are available for issuance to prospective immigrants based on their individual priority date. The visa bulletin can be used to make rough estimates of the waiting time, if any, for each preference category. If you wish to see the current visa bulletin, this may be found by visiting the US Department of State’s Visa Bulletin page