To obtain a green card based on employment, an employer in the United States must file a Form I-140 Immigration Petition for Alien Worker and pay a filing fee.
In some cases, the employer must also obtain a certification from the U.S. Department of Labor that your employment is necessary, will not adversely affect market wages and that the employer will be able to sponsor its employees for green cards. Once U.S. Citizenship and Immigration Services approves the employer’s Form I-140, the employee may apply for an appropriate visa at a U.S. consulate.
However, labor certification is not required for any of the priority worker subgroups and our attorneys will assist you in understanding the preferential categories and the immigrant worker visas available:
EB-1 Foreign Nationals of Extraordinary Ability, Outstanding Professors and Researchers and Multinational Executives and Managers
Our attorneys will assist you in determining if you are eligible for an employment-based, first-preference visa by determining if you have an extraordinary ability, are an outstanding professor or researcher, or are a multinational executive or manager. Each occupational category has certain requirements that must be met for determining your eligibility.
Individuals in this category can petition for permanent residency without having to go through the time-consuming labor certification process.
EB-2 Workers with Advanced Degrees or Exceptional Ability in the Sciences, Arts or Business
You may be eligible for an employment-based, second preference visa if you are a member of the professions holding an advanced degree or its equivalent, or a foreign national who has exceptional ability. Visa holders in this category normally must have a job offer and the potential employer must complete the labor certification process. Other individuals who qualify may seek a national interest waiver by requesting that the Labor Certification be waived because it is in the interest of the United States. There are requirements which must be met and our attorneys will assist you in determining if you qualify.
EB-2 Workers with Advanced Degrees or Exceptional Ability in the Sciences, Arts or Business
“Skilled workers” are persons whose job requires a minimum of two years training or work experience, not of a temporary or seasonal nature.
“Professionals” are persons whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and are a member of the profession.
The “other workers” subcategory is for persons performing unskilled labor requiring less than two years training or experience, not of a temporary or seasonal nature.
Visa holders in this category normally must have a job offer, and the potential employer must complete the labor certification process.
EB-4 Special Immigrant Visas for Religious Workers
Ministers of religion are eligible for permanent residency.
EB-5 Investor/Employment Creation Visas
The issuance of E-B5 visas is subject to strict annual limits. Under the 1990 Immigration Act, Congress has set aside up to 10,000 visas per year for alien investors in new commercial enterprises who create employment for 10 individuals. There are two groups of investors under the program - those who invest at least $500,000 in "targeted employment areas" (rural areas or areas experiencing high unemployment of at least 150 percent of the national average rate) and those who invest $1,000,000 anywhere else. No fewer than 3,000 of the annual allotment of visas must go to targeted employment areas.
The process for obtaining a green card can differ substantially, depending on the path you are using and whether you are applying from inside or outside the United States. Rarer types of visas, such as O and P visas for international celebrities and athletes or U visas for crime victims, may entail an investigation into the identity and qualifications of the applicant. Participation in the special immigrant juvenile program may even require coordination with state courts within the United States.
