Green Card Through Employment
The EB-1 classification is divided into the following three sub-categories:
Persons with extraordinary ability in the sciences, arts, education, business or athletics
Outstanding professors or researchers who are internationally recognized and who possess at least three years experience in teaching or research
Multinational managers or executives who have been employed at least one year in the previous three years with an affiliated foreign company.
A labor certification is not required
This category receives 28.6% of the annual limit of 140,000 visas
A job offer is not required for individuals in the extraordinary ability sub-category
The EB-2 classification is divided into the following three sub-categories:
Professionals with an advanced degree, such as a Master’s or Doctorate, or those with a baccalaureate degree and at least five years of experience in the profession
Individuals who possess exceptional ability in the sciences, arts, or business.
Individuals who qualify for a national interest waiver. The national interest waiver allows individuals with an advanced degree or exceptional ability whose work would be in the national interest of the U.S. to apply for a green card without a labor certification or job offer.
Prior to filing the employment petition, the employer must file a labor certification with the Department of Labor demonstrating that there are no qualified U.S. workers for the position and that by hiring the foreign worker, the wages and conditions of similar U.S. workers will not be adversely affected.
A labor certification is required for professionals and individuals with extraordinary ability, but not for applicants who qualify for a national interest waiver
A job offer is required, unless the applicant qualifies for a national interest waiver
This category receives 28.6% of the annual limit of 140,000 visas plus any unused visas from the EB-1 category.
The EB-3 classification is divided into the following three sub-categories:
Skilled workers: Individuals who are qualified to perform skilled labor, which is defined as labor requiring at least two years of training or experience.
Professionals: Individuals who possess a baccalaureate degree from a United States institution or a foreign equivalent degree and who are being petitioned for a job that requires a baccalaureate degree.
Unskilled Workers: Individuals who are qualified to perform unskilled labor, which is defined as labor requiring less than two years of training or experience and that is not of a temporary nature.
A labor certification is required for all three EB-3 sub-categories.
Prior to filing the employment petition, the employer must file a labor certification with the Department of Labor demonstrating that there are not enough qualified U.S. workers for the position and that by hiring the foreign worker, the wages and conditions of similar U.S. workers will not be adversely affected.
This visa category receives 28.6% of the annual limit of 140,000 visas plus any un-used visas from the EB-1 and EB-2 categories.
The EB-5 classification allows applicants who invest a certain amount of funds in a commercial enterprise, and who meet certain other requirements, to qualify for lawful permanent resident status.
The applicant must invest at least $1 million in a qualifying commercial enterprise. The minimum investment amount drops to $500,0000 if the applicant invests in a targeted employment area.
The applicant investment must fall into one of the following categories:
Investment in a regional center
Expansion or re-structuring an existing business
Investment in a troubled business
The investment must create at least 10 full-time jobs within two years.
The applicant is initially granted conditional permanent resident status. A petition to remove conditions must be filed within 90 days before the two year anniversary of the EB-5 investor’s admission as a conditional permanent resident.
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