2015 Old Blog

Employment Based Green Card Tip: Determining Your Employment based Green Card Category

Posted by Aneesah Ali on Jan 30, 2015 11:32:07 AM

If you are a foreign national working or planning to work in the United States, you may be eligible to apply for or be sponsored by your employer for an employment-based Green Card. Per year, a maximum of 140,000 immigrants are granted employed-based Green Cards. Employment-based Green Cards are divided into five Green Card categories, each having its own specific requirements and processing times.

Employment-Based Green Card Categories

EB-1

EB-1 beneficiaries have the highest preference category, which means they also generally have a “current” priority date and fast processing time. Those eligible for this category are:

  • Persons with extraordinary ability in the sciences, arts, education, or athletics. This category does not require a U.S. employer to sponsor the applicant.
  • Outstanding professors or researchers with international recognition for their work. This category requires a U.S. employer to sponsor the beneficiary.
  • Multinational managers or executives that have been employed by a foreign entity that is an affiliate of the U.S. employer sponsor, as a manager/executive for one of the three years prior to applying or entering the U.S. in nonimmigrant status.

EB-2

EB-2 beneficiaries are required to have an approved labor certification and a job offer from a U.S. employer willing to sponsor the beneficiary. The labor certification and the U.S. employer sponsor requirements can be waived if it is in the national interest to do so.

Beneficiaries in this category should be:

  • Professionals whose position requires a degree higher than a baccalaureate or a baccalaureate degree with at least five years of experience in the respective field.
  • Persons with exceptional ability in the sciences, arts, or business.

EB-3

EB-3 beneficiaries are required to have an approved labor certification and a job offer from a U.S. employer willing to sponsor the beneficiary.

Beneficiaries in this category should be:

  • Skilled workers whose position requires at least 2 years of training or relevant work experience, that is not temporary or seasonal.
  • Professionals whose position requires a minimum baccalaureate degree from a U.S. university/college or equivalent degree from abroad.
  • Unskilled workers whose job requires less than 2 years of training/experience that is not temporary or seasonal.

EB-4

EB-4, the fourth preference category is for certain special immigrants. This visa category does not require a labor certification. Some of the qualifying groups of immigrants are listed below:

  • Ministers of Religion
  • Afghan translators who have worked with U.S armed forces for at least 1 year
  • Certain Former Employees of the U.S. government in the Panama Canal Zone.
  • Certain Retired International Organization Employees.

Visit here for a comprehensive list of the subcategories within EB-4.

EB-5

EB-5, the fifth preference category is reserved for immigrant investors.

Applicants of this category should desire to invest capital in a new U.S. business/company, which will aid in creating jobs.

The Employment based Green Card can be a complicated and confusing process. It is recommended to consult with an immigration attorney for the best outcome. For more information, please contact us at 855-VISANOW!

Topics: Work-Based Visas

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