Employment Green Card
Green Cards > Employment Green Card
Employment-based immigration is divided into five categories, each with
sub-categories, which will be discussed at length below. Each category is
referred to as a numerical preference, and each category aims at certain types
of professional workers, employees with a certain background, or investors.
First Preference – Priority Workers (EB-1 Category)
The EB-1 category, or First Preference, is highly desirable because the
applicant does not need to file for a labor certification. Also, the EB-1
category’s priority dates are more frequently current than EB-2 or EB-3. A
current priority date means that there is no wait and that an immigrant visa
number is currently available for the applicant. This can be very helpful for
people from countries such as India and China, which have immigration visa
backlogs due to the high demand of immigrant visas in the EB-2 and EB-3
categories. Often applicants from those countries in the EB-2 or EB-3 categories
must wait for a few years until their priority date becomes current to complete
the immigration process.
The First Preference, often referred to as the Priority Worker category,
includes the following three categories: 1) persons of extraordinary ability; 2)
outstanding professors and researchers; and 3) multinational organization
managers and executives. The standards for each of these categories is discussed
by following these links:
Second Preference – Members of Professions with Advanced Degrees or Aliens
of Exceptional Ability (EB-2 Category)
This category is advantageous because EB-2 priority dates are more frequently
current than the EB-3 category. A current priority date means that there is no
wait and that an immigrant visa number is currently available for the applicant.
This can be helpful for people from countries with employment-based immigration
visa backlogs, such as India and China. Although EB-2 applicants from those
countries must wait for some time until their priority date becomes current,
EB-3 applicants must wait even longer before they can complete the immigration
process. For applicants from most other countries, EB-2 priority dates are
generally immediately current, whereas EB-3 priority dates are often backlogged.
The EB-2 category is for professionals who have advanced degrees or their
equivalent or individuals who will substantially benefit the U.S. economy,
cultural or educational interests because of their exceptional ability in the
sciences, arts or business. Applicants for the EB-2 category must have both a
job offer and labor certification through the PERM (Program Electronic Review
Management System) process. There are two EB-2 categories that do not require
labor market testing through labor certification, however: applicants in
Schedule A (referring to a section of the relevant statute) and applicants whose
work is in the national interest, as discussed in the following links:
Third Preference – Professionals, Skilled and Other
Workers (EB-3 Category)
The Third Preference is for three categories: 1)
professionals, 2) skilled workers, and 3) other workers. All EB-3 applicants
must file a labor certification and have a job offer. Also, a national interest
waiver (NIW) is not available for EB-3 applicants. An EB-3 applicant may fall
under Schedule A of the DOL regulations and therefore not be required to test
the labor market (see below for Schedule A eligibility). Unfortunately, the
EB-3 category is subject to long backlogs, especially for applicants from India
and China. EB-3 applicants from such countries with a long backlog must often
wait years before they can complete the immigration process.
Each of the three EB-3 categories as well as Schedule A
are discussed in the following links:
Fourth Preference – Special Immigrants (EB-4 Category)
The Fourth Preference is comprised of several specialized
categories, as listed below. EB-4 applicants may petition without an employer,
but must file the Form I-360 with documentary evidence showing that they are
eligible as special immigrants. EB-4 visas comprise a smaller total number of
visas than EB-1s, EB-2s, or EB-3s. For details about each sub-category, please
click on the link below.
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