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Qualifications for Employment-Based Green Cards

Every year, applicants from around the world are granted green cards in employment based categories. In general, you can obtain a green card based on a employment opportunity offered to you in the United States. Your area of expertise and your educational and experiential background will determine which employment based category is right for you. We outline the details of these categories below:

EB-1:  Priority Workers

Individuals fall into this first category if they are persons of extraordinary ability in the field of science, art, education, business or athletics. This means that you have sustained national or international acclaim where your achievements are recognized in your field.

Outstanding professors or researchers are also considered priority workers if they demonstrate international recognition in their field and have at least three years of experience in teaching or research.

Lastly, multinational managers and executives, fall into the priority worker category if they have at least three years of managerial/executive employment abroad and are seeking to continue working with an affiliated U.S. employer.

EB-2:  Professionals with Advanced Degrees or Exceptional Ability

Individuals are eligible for an employment-based, second preference visa if they are persons of exceptional ability in the sciences, arts, or business; have an advanced degree; or are qualified physicians who will practice medicine in an area of the U.S. which is underserved. 

EB-3:  Skilled or Professional Workers

You may be eligible in this category if you are skilled worker having at least two years of training and experience or if you are a professional with a bachelor’s degree (that does not qualify for a higher preference category).

Process for Employment-Based Green Cards

Obtaining your employment-based green card can be a lengthy and complex process, but we are here to help. Our attorneys are well versed on the necessary documentation and requirements for each employment-based category and will guide you through the process.

For EB-2 and EB-3 employment-based categories, the sponsoring employer will be required to file a labor certification with the Depart of Labor, Form ETA-9089. These certifications are filed through an electronic system called PERM (Program for Electronic Review Management).

During this PERM Labor Certification step, the sponsoring employer must prove that there are no qualified U.S. citizens who are available or willing to perform the same job. This to ensure that jobs are not being taken away from qualified U.S. citizens.

The PERM labor certification step is not required for EB-1 Priority Workers.

I-140 Filed with USCIS

Once the labor certification and Form I-140 are approved, the applicant has two options for processing:

  1. Adjustment of Status

If the applicant is already in the U.S., he or she can adjust his or her current status while in the U.S. to becoming a lawful permanent resident.

Learn more about Adjustment of Status from our blog post – Adjustment of Status.

  1. Immigrant Visa (Consular) Processing

If the applicant is outside of the U.S., he or she can go through consular processing where an immigrant visa interview takes place at an Embassy or Consulate outside the U.S.

Learn more about Immigrant Consular Processing from our blog post – Immigrant Visa (Consular) Processing

This is NOT a DIY (DO-IT-YOURSELF) Project!

The process for obtaining an employment-based green card is not a do-it-yourself project. We work with foreign nationals and companies in all industries and are very experienced in preparing the necessary documents for the green card process.

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