Green Cards- Employment Based

There are many domestic companies within the United States that are unable to find qualified US citizen workers for available job openings, and must therefore look abroad in order to find individuals with the skills and experience needed. Furthermore, individuals who have extraordinary or exceptional skills can “self-petition” for themselves, without the sponsorship of a United States citizen employer. For many of these categories, the employer must first prove to the Department of Labor that there is no US citizen available for this position, after which the Department of Labor certifies to the Department of Homeland Security that no United States citizen will be effected by this sponsorship of the foreign national. This is referred to as Labor Certification.

The following is a basic general review of the five permanent worker visa categories. I will be happy to provide-assistance if you feel that you are eligible under any of them.

The first category, known as EB-1, is reserved for those at the very top of their field of expertise, who can demonstrate extraordinary ability in the sciences, arts, education, business or athletics, outstanding professors or researchers, and executives or managers of multinational companies. An eligible individual does not need the sponsorship of a US employer for this category, but rather can self-sponsor without the need for Labor Certification from the Department of Labor. It must be noted that there are very advanced criteria necessary to qualify for the EB-1 first preference.

The second category, known as EB-2, is for individuals with advanced degrees, (if baccalaureate then also five years of experience in the field), and exceptional ability in the arts or sciences. One needs Labor Certification from the Department of Labor, unless it can be shown that he or she qualifies for a National Interest Waiver, meaning that be granted employment in the United States would greatly benefit the country.

The third category, known as EB-3, is reserved for skilled and unskilled workers, as well as for professionals holding baccalaureate degrees. Labor Certification from the Department of Labor is required for this preference. Specific examples of those who would qualify under this category are live-in domestic workers, carpenters, electronic installers, landscapers, floor tile layers and specialty cooks.

The fourth category, known as EB-4, is reserved for special immigrants, including religious workers, special immigrant juveniles, employees of international organizations or NATO, members of the Armed Forces, and certain Afghans and Iraqis. No Labor Certification is Required for this category.

The fifth preference, known as EB-5, or investment visa, is reserved for individuals who have invested $1,000,000, ($500,000 in a rural or low employment) area in a new commercial enterprise within the United States, creating 10 jobs for United States citizens. No Labor Certification is Required for this preference.

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