Employment-Based Green Card

Approximately 140,000 immigrant visas are available each fiscal year for aliens (and their spouses and children) who seek to immigrate based on their job skills. If you have the right combination of skills, education, and/or work experience and are otherwise eligible, you may be able to live permanently in the United States. There are several paths to becoming a legal permanent resident through an employment-based green card. Choosing the right one, determining if you qualify, and successfully completing all of the steps can be very difficult without the help of an experienced attorney.

EB-1A

Extraordinary Ability

Individuals with 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 their fields of expertise.

    • Sponsorship and Labor Certification are not required.
EB-1C

Multinational Managers or Executives

Multinational Managers or Executives who have been employed for at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer. The applicant’s employment outside of the U.S. must have been in a managerial or executive capacity, and the applicant must be coming to work in a managerial or executive capacity.

    • Labor Certification is not required.
EB-2

Advanced Degree or Exceptional Ability

 

    • Professionals holding an advanced degree either beyond a baccalaureate degree or a baccalaureate degree and at least five years of progressive experience in the profession.
    • Persons with exceptional ability in the arts, sciences, or business. Exceptional ability means having a level of expertise significantly above that ordinarily encountered within the field, including diplomas, certifications, licenses, recognition in the field, 10 years or more experience in the field, etc.

An EB-2 Green Card may or may not require a labor certification. A self-petitioner who can show that their work is beneficial enough that it would be in the nation’s best interest for USCIS to waive the PERM and job offer requirements, will not need to pursue a labor certification or have a sponsor company.

EB-3

Skilled Workers, Professionals, and Unskilled Workers

EB-3- Skilled Workers, Professionals, and Unskilled workers

    • Skilled workers are persons whose jobs require a minimum of 2 years training or work experience that are not temporary or seasonal.
    • Professionals are members of the professions whose jobs require at least a baccalaureate degree from a U.S. university or college or its foreign equivalent degree.
    • Unskilled workers are persons capable of filling positions that require less than two years training or experience that are not temporary or seasonal.
    • Labor Certification and Sponsor Company are required.