Green Cards- Employment Based

Slatus & Slatus is the most experienced employment based green card lawyer in Midtown Manhattan and NYC, helping you get permanent residency.

Employment based permanent residency

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.


Employment Based Green Card FAQ?

What is an employment based green card?

An employment based green card is a work visa that can be requested in order to legally enter the USA usually based on their level of education or a skill that is needed. There are several categories like:

  • E2 and E1 visa for investors and traders
  • EB-1 Green for Researcher or Professor
  • EB-2 Green for Skill or Ability
  • EB-3 Green for Professionals
  • EB-4 Green for religious workers
  • H-1B visa for specialty occupations
  • H-2B visa for non-agricultural workers

How much does an employment based visa cost?

The application fee for an employment based green card is $410.

How long does it take to get a work visa?

It can take as little as 5 months or up to 7 months or more after you have filed the USCIS documents to the local office in Manhattan, the Bronx, Queens, & Brooklyn.

What forms need to be completed for a work visa?

  • Form I-140
  • Form I-360
  • DS-260

What is the best way to apply for an employment based green card?

To increase your chances of receiving an employment based green card in NYC is to hire a qualified local immigration attorney who can assist with document gathering and the petition from start to finish.

How long is a work based green card last?

They typically last one year and need to be extended before the expiration date.