Business Brainstorm

Employment-Based Immigrant Visas (Green Card)

One way to obtain Lawful Permanent Status in the United States is through employment, which allows the Beneficiary to work and stay legally in the United States. There are different types of preferences to obtain residence through employment:

a. EB-1 Preference: In order to qualify under this preference the applicant must fit in one of these categories: (i) Multinational Managers or Executives, (ii) Outstanding professors and researchers, and (iii) Individuals with Extraordinary Ability in the sciences, arts, education, business, or athletics.

  (i)  Multinational Managers or Executives

 

The petitioning company must demonstrate that an individual has been employed for a foreign company for at least one year within the three years prior to the admission in the United States as a nonimmigrant in a managerial or executive capacity and that he or she will be transferred or has been transferred to the United States under the same capacity to a company with a qualifying relationship to the foreign entity (parent, subsidiary, affiliate, or branch).  

 

The immigrant visa petition must be filed within the United States and once it is approved, the individual may proceed with the Immigrant Visa Consular Process or alternatively apply for Adjustment of Status in the U.S. if the individual qualifies to adjust status.  Also, generally it is also possible to simultaneously file the immigrant visa petition and the adjustment of status application under this category.

   (ii) Outstanding Professors and Researchers

 

The individual must demonstrate that he or she has been an outstanding professor or researcher with at least three years of experience in an accredited university or institution of higher education and who has been recognized internationally in a tenured or tenure-track position at a university or institution of higher education; in a similar position conducting research at a university or an institution of higher education; or in a similar position conducting research for a private institution that employs at least three full time researchers with documented accomplishments in the academic field.  The immigrant visa petition must be filed by the employer in the United States.

   (iii) Extraordinary Ability in the Sciences, Arts, Education, Business, or Athletics

 

An individual with extraordinary ability in the sciences, arts, education, business, or athletics may self-petition for permanent residence. Although these individuals do not require an employment offer to file the petition, they must show that they will continue to work in the same field.

 

In order to qualify under this category, the individual must demonstrate sustained national or international acclaim and that his or her achievements are recognized in the field of expertise with a major international awards such as the Nobel Prize, Oscars, Grammy, or an Olympic Medal.  If a one time international award is not available, the individual must meet at least three of the following conditions:

 

  • Receipt of a lesser national or international award.

  • Membership in a professional association that requires outstanding achievement.

  • The individual’s work has been published by major professional publications.

  • The individual has been a judge in a competition within the field.

  • The individual has made major contributions to the field of expertise.

  • The individual has written articles published in major publications important in the field.

  • The individual’s work has been showcased in artistic exhibitions.

  • The individual has held a leading position in a distinguished organization.

  • The individual’s salary is very high in comparison to others in the field.

  • Evidence of commercial success in the performing arts.

b. EB-2 Preference: In order to qualify under this preference, the beneficiary must fit in one of these categories: (i) Individuals with an advanced degree; (ii) Individuals with exceptional ability in the sciences, arts, or business; or (iii) National Interest Waiver.

  (i)  Advanced Degree

The individual must demonstrate that he or she holds an advanced degree or that has progressive experience equivalent to an advanced degree. In addition, the individual must have a job offer which requires an advanced degree to be performed. Before filing the immigrant visa petition, the employer must file a Permanent Labor Certification before the U.S. Department of Labor.

  (ii)  Exceptional ability in the Sciences, Arts, or Business

The individual must demonstrate exceptional ability in the area of the sciences, arts, or business. The individual should have a job offer in the U.S., a member of a professional organization within the field of ability, and his or her compensation should be higher compared to others in the field. Before filing the immigrant visa petition, the employer must file a Permanent Labor Certification before the U.S. Department of Labor.

  (iii) National Interest Waiver

The individual must demonstrate that his or her work is of national interest for the United States. Under this category, the individual is not required to have a job offer and as a consequence is not required to file a Permanent Labor Certification before the U.S. Department of Labor.

In order to comply with the national interest standard, the individual should meet these requirements: the individual’s work is substantial to the field of expertise; the individual’s work will have national impact; and the benefits that the individual’s work will bring to the country outweigh the need for a Permanent Labor Certification. The individual may self-petition for permanent residence under this category.

c. EB-3 Preference: In order to qualify under this preference, the individual must fit into one of these categories: (i) skilled workers; (ii) professionals; or (iii) unskilled workers.

  (i) Skilled Workers

 

The individual must demonstrate that he or she has at least two years of vocational training or two years of relevant experience in the specific field. The employer must file a Permanent Labor Certification before the U.S. Department of Labor to show that there are not available workers in the U.S. to perform the specified work.

 

  (ii) Professionals

 

The individual must demonstrate that he or she possesses a bachelor’s degree from a U.S. institution or its equivalent from a foreign institution, that there are not U.S. qualified workers available to perform the job and that to perform the job a bachelor’s degree is required. The employer must file a Permanent Labor Certification before the U.S. Department of Labor to show that there are not available workers in the U.S. to perform the specified work. The employer must file the immigrant visa petition and offer the individual a permanent and full-time job.

 

  (iii) Unskilled Workers

 

The individual must demonstrate that he or she is capable of performing the job at the time the employer files for the petition. The individual does not require to have two years of experience to perform the job. The employer must file a Permanent Labor Certification before the U.S. Department of Labor to show that there are not available workers in the U.S. to perform the specified work.