Employment-Related Immigration
Lawful Permanent Resident status, also known as a Green Card, is granted to individuals who qualify under any one of five employment based categories:
- 1st Preference (EB-1)
- 2nd Preference (EB-2)
- 3rd Preference (EB-3)
- 4th Preference (EB-4)
- 5th Preference (EB-5)
1st Preference (EB-1)
1st Preference Priority Workers are granted EB-1 visas, which are the highest "preference" for employment visas. There are three EB-1 visa categories:
Extraordinary Ability
- Foreign nationals with extraordinary ability in sciences, arts, education, business, or athletics that has been demonstrated by sustained national or international acclaim;
- Aliens who seek to enter the United States to continue work in their area of extraordinary ability; and
- Aliens whose entry into the United States will substantially benefit the U.S. economy.
Outstanding Professors & Researchers
- Foreign nationals recognized internationally as outstanding in specific academic areas;
- Working for at least three (3) years in their field of study as a researcher or teacher in the academic area; and
- Seeking to enter the United States for a tenured position at a university or institution, or for a position in a department, division or institute of a private employer.
Multinational Executives & Managers
- Foreign nationals who have worked abroad for at least one (1) year for an organization during the three (3) years preceding their entry into the United States; and
- Seeks to continue to work in a managerial or executive capacity for the same company, or a subsidiary, affiliate or branch office of that company.
This visa is frequently used for high-level executives or managers, as well as investors and entrepreneurs who maintain continuing operations both in the United States and abroad.
2nd Preference (EB-2)
Foreign nationals may qualify under this category for a Permanent Resident Card when they are professionals holding advanced degrees or have exceptional abilities and whose abilities will benefit the United States. In most cases, a valid job offer from a U.S. employer is required and the employer must complete the labor certification process, which involves a test of the job market to prove that no U.S. worker is qualified for such job position. However, the requirement of a job offer, and hence the labor certification, may be waived if the individual demonstrates their work in the United States will be in the "national interest."
3rd Preference (EB-3)
Foreign nationals may qualify under this category when they can prove that they are skilled workers or professionals, and that they are filling a position that requires such a skill. A skilled worker is one who is capable of performing skilled labor that requires a minimum of two (2) years to fill the position. A professional is one who holds a baccalaureate degree and is a member of a specific profession. Other workers may also qualify for this category as performing unskilled labor if it is demonstrated there are no qualified U.S. workers available.
4th Preference (EB-4)
Certain religious workers, ministers of religion, and international organization employees may qualify under this category. To qualify as a special immigrant for this visa, the applicant must show:
- That he has been a member (for at least two years) of a religious denomination having a bona fide nonprofit, religious organization (exempt from taxation) within the United States; and
- That he seeks to enter the United States solely for the purposes of carrying on the vocation of minister for that religious denomination.
Additionally, special immigrant status can be granted to certain classes of foreign nationals.
5th Preference (EB-5)
Employment Creation Visas in this category are given to those foreign nationals who engage in entrepreneurial enterprises in which they invest, control and create full-time jobs (at least 10).
There are two groups of investors under the general program:
- Those who invest at least $500,000 in "targeted employment areas" (rural areas or areas experiencing high unemployment of at least 150% of the national average rate); and
- Those who invest $1,000,000 in any area.
