What is an employment-based green card?
Employment-based green cards are available to certain individuals who are looking to relocate permanently for employment within the United States. Unlike H-1B visa and other non-immigrant visa holders, the recipients of the employment-based green card intend to stay in the United States for good.
What is the maximum number of employment-based green cards granted each year?
A maximum of 140,000 applicants can be awarded employment-based green cards per year. No country may receive more than 8% of the total green cards in this quota.
Can family members of the green card recipient also apply for green cards?
Yes. Upon initial approval of the worker’s green card, the recipient’s spouses and minor children may also apply for green cards.
What are the types of employment-based green cards?
Employment-based green cards can be broken down into five categories:
- EB-1: Persons of extraordinary ability (Exceptional Worker Green Card)
- EB-2: Professionals with advanced degrees
- EB-3: Professional or skilled workers
- EB-4: Special Immigrants
- EB-5: Immigrant investors
EB-1, EB-2, EB-3, and EB-4 categories can be petitioned by an employer. For both EB-2 and EB-3 green cards, the desired position being filled by the foreign national requires PERM labor certification.
What is a PERM Labor Certification (Form ETA 9089)?
The U.S. Department of Labor uses the PERM process (Program Electronic Review Management) to have a permanent position certified to hire foreign workers. An employer can petition to have certain positions certified by the PERM process through the form ETA 9089.
The PERM process requires petitioning employers to conduct various forms of recruitment to prove that there are no qualified U.S. workers for the position they want to certify. Before PERM recruitment can begin, a prevailing wage determination must be requested from the State Workforce Agency (SWA). In order to sponsor an individual for a green card, the US employer must agree to pay the individual the designated prevailing wage when the green card is approved.
The PERM process is a complex multi-step procedure that requires multiple form submissions to USCIS and the consultation of an immigration attorney. We highly recommend speaking with an attorney to go over the specific procedures necessary to complete the PERM process successfully.
Who qualifies for the EB-1 category or Exceptional Worker Green Card?
The EB-1 category holds the highest preference for employment-based green cards. The following categories can apply for an EB-1 or “exceptional worker green card:”
- Outstanding researchers or professors with at least three years of experience in teaching or research in the academic area.
- Multinational executives or managers who have been employed by a foreign affiliate/subsidiary/parent for 1 year out of past 3 years, and who seek to enter the US as an executive or manager.
- Foreign nationals with exceptional ability in business, the sciences, or the arts, and who will substantially benefit the national economy, cultural, educational interests, or welfare of the United States.
Who qualifies for the EB-2 category of employment-based green cards?
The EB-2 green card category is the second highest preference category for employment-based green cards. EB- workers must be professionals holding advanced degrees or foreign nationals with exceptional ability in the arts, science, or business. Recipients of the EB-2 must be filling a PERM-certified position.
Who qualifies for the EB-3 green card?
EB-3 workers are sponsored by their employer to fill a PERM-certified position in the United States. They must possess a bachelor’s degree or the foreign equivalent and be capable of performing skilled work that requires at least two years of training or work experience.
Who qualifies for the EB-4 category of employment-based green cards?
Potential EB-4 recipients cover a wide range of very specific groups, including but not limited to:
- Religious workers
- Iraqi and Afghan translators serving the U.S. military
- Panama Canal Zone employees
- International Broadcasters
- Former NATO-6 employees
The EB-4 eligibility list is long and specific, and its qualifying categories attend to somewhat obscure. If you are interested in pursuing the EB-4, we highly recommend speaking with an immigration attorney.
Who qualifies as an EB-5 immigrant investor?
If you are a foreign national who can invest $1,000,000 of your own money to start a new business that creates at least 10 jobs in the United States, you may qualify as an EB-5 investor.
EB-5 investors building a business in a designated “target area” - an area of high unemployment or a rural area in need of business development, only have to invest $500,000 and create 5 U.S. jobs.
What are the wait and processing times for employment-based green cards?
Getting an employment-based green card is a complex process requiring multiple steps, not including PERM certification. Wait times vary depending on the worker’s country of origin and employer, and the entire process can take years to complete.