EMPLOYMENT-BASED GREEN CARDS

The process of obtaining Employment-Based Green Cards can be complex and overwhelming, with each category having its own set of eligibility requirements and application process. However, securing a Green Card can open the doors to a life-changing opportunity, allowing foreign nationals to live and work permanently in the United States. In this comprehensive guide, we will delve deeper into each category of Employment Based Green Cards, discuss their eligibility requirements in detail, and provide tips on how to successfully secure one.

Types of Employment-Based Green Cards

There are five main categories of Employment-Based Green Cards, each with its own specific eligibility requirements:

EB-1: Priority Workers

The EB-1 visa is reserved for individuals with extraordinary abilities in sciences, arts, education, business, or athletics. This category also includes outstanding professors and researchers, as well as multinational executives and managers. To be eligible for the EB-1 visa, applicants must provide substantial documentation that demonstrates their extraordinary ability. They must have won international or national awards, published scholarly articles or books, or demonstrated a significant contribution to their field, among other qualifications.

EB-2: Professionals with Advanced Degrees or Exceptional Ability

The EB-2 visa is available for professionals with advanced degrees or exceptional ability in sciences, arts, or business. This category also includes National Interest Waivers for individuals who can demonstrate that their work is in the national interest of the United States. To qualify for the EB-2 visa, applicants must have an advanced degree, such as a master’s or doctoral degree, or a bachelor’s degree with at least five years of progressive work experience in their field. They must also provide substantial documentation that demonstrates their exceptional ability in their field, such as published works or awards.

EB-3: Skilled Workers, Professionals, and Other Workers

The EB-3 visa is available for skilled workers, professionals, and other workers. Skilled workers must have at least two years of training or experience, while professionals must have a bachelor’s degree or its equivalent. The “other workers” category is reserved for jobs that require less than two years of training or experience. To qualify for the EB-3 visa, applicants must have a permanent job offer from a U.S. employer who is willing to sponsor their application. They must also provide evidence of their qualifications and experience, such as a degree or training certificate.

EB-4: Special Immigrants

The EB-4 visa is available for special immigrants, including religious workers, broadcasters, and Iraqi or Afghan translators. To qualify for the EB-4 visa, applicants must be recognized as a special immigrant by the United States government. For example, religious workers must be members of a religious denomination and have a job offer from a U.S. religious organization.

EB-5: Immigrant Investors

The EB-5 visa is available for individuals who invest $500,000 to $1,000,000 in a new commercial enterprise that creates at least ten full-time jobs for U.S. workers.

Requirements for Each Visa

Employment-Based Green Cards have unique eligibility requirements, and meeting them can be a daunting task. Here’s a closer look at the requirements for each category:

EB-1

To be eligible for the EB-1 visa, applicants must provide substantial evidence that demonstrates their extraordinary ability. This can be achieved through publications, awards, and other forms of recognition in their field. They must also have a job offer from a U.S. employer who is willing to sponsor their application.

EB-2

To be eligible for the EB-2 visa, applicants must have an advanced degree or exceptional ability in their field. They must also obtain a Labor Certification from the Department of Labor, which certifies that there are no qualified U.S. workers available to fill the position.

EB-3

To be eligible for the EB-3 visa, applicants must have a permanent job offer from a U.S. employer who is willing to sponsor their application. They must also demonstrate that they are a skilled worker, professional, or other worker, depending on the category they apply for.

EB-4

To be eligible for the EB-4 visa, applicants must fall into one of the special immigrant categories, such as religious workers or broadcasters. They must also have a job offer from a U.S. employer who is willing to sponsor their application.

EB-5

To be eligible for the EB-5 visa, applicants must invest a minimum of $500,00 to $1,000,000 in a new commercial enterprise that creates at least ten full-time jobs for U.S. workers within two years. They must also demonstrate that their investment will benefit the U.S. economy.

The Process to Obtain Each Specific Visa

The process to obtain Employment-Based Green Cards can vary depending on the specific visa category. Paperwork will be filed with the USCIS or the Department of Labor. However, in general, the process typically involves the following steps:

1. EB-1: Priority Workers

   To obtain an EB-1 visa, you must first provide substantial documentation that demonstrates your extraordinary ability in your field. This can include evidence of international or national awards, publications, and other forms of recognition in your field. Once you have demonstrated your extraordinary ability, you must have a job offer from a U.S. employer who is willing to sponsor your application.

   Next, your employer must file a Form I-140, Petition for Alien Worker, with the United States Citizenship and Immigration Services (USCIS). USCIS will review your petition and determine whether you meet the eligibility requirements for the EB-1 visa. If your petition is approved, you will receive a Notice of Approval.

   If you are already in the United States, you may be eligible to apply for adjustment of status. If you are outside the United States, you will need to apply for a visa at a U.S. consulate or embassy abroad. If you are applying for a visa, you will need to attend a visa interview.

   EB-2: Professionals with Advanced Degrees or Exceptional Ability

   To obtain an EB-2 visa, you must have an advanced degree or exceptional ability in your field. You must also obtain a Labor Certification from the Department of Labor, which certifies that there are no qualified U.S. workers available to fill the position.

   Once you have obtained your Labor Certification, your employer must file a Form I-140, Petition for Alien Worker, with USCIS. USCIS will review your petition and determine whether you meet the eligibility requirements for the EB-2 visa. If your petition is approved, you will receive a Notice of Approval.

   If you are already in the United States, you may be eligible to apply for adjustment of status. If you are outside the United States, you will need to apply for a visa at a U.S. consulate or embassy abroad. If you are applying for a visa, you will need to attend a visa interview.

   If you qualify for a National Interest Waiver, you may be eligible to self-petition without the need for employer sponsorship or a Labor Certification.

   EB-3: Skilled Workers, Professionals, and Other Workers

   To obtain an EB-3 visa, you must have a permanent job offer from a U.S. employer who is willing to sponsor your application. You must also demonstrate that you are a skilled worker, professional, or other worker, depending on the category you apply for.

   Your employer must file a Form I-140, Petition for Alien Worker, with USCIS. USCIS will review your petition and determine whether you meet the eligibility requirements for the EB-3 visa. If your petition is approved, you will receive a Notice of Approval.

   If you are already in the United States, you may be eligible to apply for adjustment of status. If you are outside the United States, you will need to apply for a visa at a U.S. consulate or embassy abroad. If you are applying for a visa, you will need to attend a visa interview.

   PERM LABOR CERTIFICATION

EB-2 and EB-3 employment-based green cards require a test of the U.S. job market. This is accomplished through the PERM (Program Electronic Review Management) labor certification process that U.S. employers must go through to sponsor employment-based green cards for foreign workers for permanent employment in the United States. The PERM process is administered by the U.S. Department of Labor (DOL) and ensures that employment-based green cards will not negatively impact the wages and working conditions of U.S. workers in similar positions. The main goal of the process is to protect the U.S. labor market and ensure that employment-based green cards for foreign workers are only approved when there are no qualified, willing, and able U.S. workers to fill the position.

The PERM labor certification process involves several steps:

1. Prevailing Wage Determination (PWD): The employer must request a PWD from the National Prevailing Wage Center (NPWC). This determines the minimum wage the foreign worker must be paid, ensuring it’s in line with the market rate for the job.
2. Recruitment and Advertisement: The employer is required to advertise the job opening and conduct recruitment efforts to ensure there are no qualified U.S. workers available for the position. This includes advertising in newspapers, job search websites, and other appropriate channels.
3. Filing Form ETA-9089: If the employer is unable to find a qualified U.S. worker for the position, they can proceed with filing the PERM labor certification application (Form ETA-9089) with the DOL. The form includes information about the job, the employer, and the foreign worker’s qualifications.
4. PERM Approval or Denial: The DOL reviews the application and either approves or denies the labor certification. If approved, the employer can proceed with the process of sponsoring the foreign worker for permanent residency (green card).
   5. Filing Form I-140: After receiving the approved PERM labor certification, the employer must file an Immigrant Petition for Alien Worker (Form I-140) with U.S. Citizenship and Immigration Services (USCIS). This petition demonstrates the employer’s ability to pay the offered wage and their intention to hire the foreign worker on a permanent basis.
   6. Consular Processing or Adjustment of Status: Once the I-140 petition is approved, the foreign worker can either apply for an immigrant visa through consular processing at a U.S. embassy or consulate in their home country, or if they are already in the United States, they can apply for adjustment of status to become a permanent resident.

   For more information on the PERM labor certification process, visit the following resources:

   • U.S. Department of Labor – Employment & Training Administration: The official website of the DOL’s Employment & Training Administration, which oversees the PERM labor certification process.
   • PERM Labor Certification FAQs: A comprehensive list of frequently asked questions about the PERM process provided by the DOL.
   • USCIS – Green Card for Employment-Based Immigrants: USCIS’s official webpage providing information on obtaining a green card through employment, including the process after PERM labor certification.

    

   EB-4: Special Immigrants

   To obtain an EB-4 visa, you must fall into one of the special immigrant categories, such as religious workers or broadcasters. You must also have a job offer from a U.S. employer who is willing to sponsor your application.

   Your employer must file a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, with USCIS. USCIS will review your petition and determine whether you meet the eligibility requirements for the EB-4 visa. If your petition is approved, you will receive a Notice of Approval.

   If you are already in the United States, you may be eligible to apply for adjustment of status. If you are outside the United States, you will need to apply for a visa at a U.S. consulate or embassy abroad. If you are applying for a visa, you will need to attend a visa interview.

   EB-5: Immigrant Investors

   To obtain an EB-5 visa, you must invest a minimum of $500,000 in a new commercial enterprise that creates at least ten full-time jobs for U.S. workers within two years. You must also demonstrate that your investment will benefit the U.S. economy.

   Once you have made your investment, your immigration attorney will prepare and file your Form I-526, Immigrant Petition by Alien Entrepreneur, with USCIS. USCIS will review your petition and determine whether you meet the eligibility requirements for the EB-5 visa. If your petition is approved, you will receive a Notice of Approval.

   If you are outside the United States, you will need to apply for a visa at a U.S. consulate or embassy abroad. If you are applying for a visa, you will need to attend a visa interview. If you are in the United States, you will need to file a Form I-485, Application to Register Permanent Residence or Adjust Status, to obtain your Employment Based Green Card.

Benefits of Employment-Based Green Cards

Employment-Based Green Cards offer numerous benefits, including:

1. The ability to live and work permanently in the United States
2. The ability to travel in and out of the United States without the need for a visa
3. The ability to sponsor family members for permanent residency
4. The ability to apply for U.S. citizenship after a certain period of time

How to Secure an Employment Based Green Card

Securing Employment-Based Green Cards can be a lengthy and complex process, but with the right guidance and support, it can be a rewarding experience. Here are some tips on how to increase your chances of success:

1. Consult with an Experienced Immigration Attorney: Hiring an experienced immigration attorney can make all the difference in your visa application’s success. An attorney can help you determine which Employment Based Green Card category is best suited for your specific situation, ensure that you meet all eligibility requirements, assist with obtaining the necessary documentation, and prepare and file your petition with USCIS.
   2. Be Prepared: The key to a successful visa application is preparation. Gather all the required documents, such as your educational and work experience, and ensure that they are accurate and up-to-date.
   3. Start Early: The process of obtaining an Employment Based Green Card can be lengthy, so it’s important to start early. Begin gathering the necessary documentation as soon as possible, and be prepared for a long wait time for processing.
   4. Maintain Legal Status: It’s essential to maintain legal status while waiting for your employment-based green card to be processed. This means not overstaying your visa and avoiding any other violations of U.S. immigration law.
   5. Be Patient: The process of obtaining Employment-Based Green Cards can be frustrating and stressful, but it’s important to remain patient. USCIS processing times can vary depending on the category, so it’s important to be prepared for a long wait.

Conclusion

Obtaining an Employment-Based Green Card can be a life-changing opportunity, allowing foreign nationals to live and work permanently in the United States. However, the process can be complex and overwhelming, with each category having its own set of eligibility requirements and application process. By following the tips in this comprehensive guide and seeking the assistance of an experienced immigration attorney, you can increase your chances of success and achieve your dream of obtaining an Employment-Based Green Card. If you need any further assistance with your Employment-Based Green Card application, please contact us to schedule a free consultation.