Greencard Procedure in Employment basis
Employment-Based Immigration: First Preference EB-1
You may be eligible for an employment-based first-preference visa, if you are a non-citizen having extraordinary ability, or an outstanding professor or researcher, or a certain multinational executive or manager. There are specific requirements for each occupational group that must be met:Eligibility Criteria
| Categories | Description | Evidence |
|---|---|---|
| Extraordinary Ability | You must have a proven record of sustained national or worldwide acclaim in the sciences, arts, education, business, or athletics to be considered. | You must meet at least three of the ten criteria* listed below, or give evidence of a one-time accomplishment (e.g., Pulitzer Prize, Academy Award, Olympic Medal) as well as evidence that you will continue to work in your specialty. There is no need for a job offer or labor certification. |
| Outstanding Professors and Researchers | You must be recognized internationally for great achievements in a specific academic discipline. You must have at least three years of teaching or research experience in that academic field. You must be coming to the US to work as a tenured or tenure-track professor or in an equivalent research job at a university, institution of higher education, or private enterprise. | You must meet at least two of the six criteria given below**, as well as produce a job offer from a potential U.S. employer. The private firm must demonstrate that it has documented accomplishments and employs at least three full-time researchers. There is no need for a labor certification. |
| Certain Multinational Manager or Executive | If you are already working for the U.S. petitioning employer, you must have worked outside the United States for at least 1 year in the three years prior to the petition or the most recent lawful non – immigrant entry. The petitioner in the United States must have been in business for at least one year, have a qualifying relationship with the company you worked for outside of the United States, and intend to hire you in a managerial or executive role. | Your petitioning employer must be based in the United States and plan to hire you as a manager or executive. The petitioner must have been in operation in the United States for at least one year as a legal entity with a qualifying relationship to the entity that employed you in a managing or executive role abroad. There is no need for a labor certification. |
* Requirements for Demonstrating Extraordinary Ability
To demonstrate that you have sustained national or international acclaim and that your accomplishments have been recognized in your field of expertise, you must either include proof of a one-time achievement (major officially acknowledged award) or three of the ten listed requirements below (or comparable proof if any of the requirements do not commonly apply):- Verification of receiving lesser-known national or international honors or prizes for merit
- Verification of your involvement in professional organizations that require their members to achieve exceptional results
- Verification of content about you that has been published in professional or significant trade magazines, as well as other prominent media
- Verification that you’ve been allowed to judge other people’s work, either individually or as part of a group
- Verification of your important contributions to the subject in terms of innovative scientific, academic, artistic, athletic, or business-related contributions
- Verification of your authorship of scientific works published in professional or large trade journals, as well as other prominent media
- Verification that your work has been exhibited at art shows or showcases
- Verification of your ability to lead or play a crucial position in a prestigious organization.
- Verification of your commercial triumphs in the performing arts
- Verification of your commanding a high salary or other significantly high remuneration in comparison to others in the field
* Documentary Proof that someone is an outstanding Professor or Researcher
To demonstrate that you are an outstanding Professor or Researcher, you must present proof of two of the six mentioned requirements below (or comparable proof if any of the requirements do not commonly apply)
- Verification of receiving major prizes or honors for great performance
- Verification of participation in Organizations that require their members to achieve exceptional results
- Verification of published material about the non-citizen’s activity in the academic field in professional journals produced by others
- Verification of participation as a judge of the work of others in the same or related academic discipline, either on a forum or individually.
- Verification of innovative contributions to the field’s scientific or scholarly research
- Verification of authorship of academic books or papers (in international scholarly journals) in the field
Application Process
- Extraordinary Ability: You can apply for yourself by filling out Form I-140, Alien Worker Petition.
- Outstanding Professors and Researchers: Your employer in the United States must file Form I-140, Alien Worker Petition. Your employer must be able to demonstrate a continued ability to pay the promised salary as of the priority date as part of the application process. To establish a continued ability to pay your salary, your company may utilize an annual report, federal income tax return, or audited financial statement.
- Multinational Manager or Executive: Your employer in the United States must file Form I-140, Alien Worker Petition, with the USCIS. Your employer must be able to demonstrate a continued ability to pay the promised salary as of the priority date as part of the application process. To establish a continued ability to pay your salary, your company may utilize an annual report, federal income tax return, or audited financial statement.
Family of EB-1 Visa Holders
Your spouse and unmarried children under the age of 21 may be able to apply for E-14 or E-15 immigrant status in the United States if your I-140 petition is approved.
Employment-Based Immigration: Second Preference EB-2
You may be eligible for an employment-based, second priority visa, if you are a participant of the professions with an advanced degree or its equivalent, or a foreign national with an outstanding talent. The occupational classifications and prerequisites are listed below:
Eligibility Criteria
| Sub-Categories | Description | Evidence |
|---|---|---|
| Advanced Degree | The job you’re applying for must demand an advanced degree, and you must have one or its equivalent in another country (a baccalaureate or foreign equivalent degree plus 5 years of post-baccalaureate, progressive work experience in the field). If appropriate, you must also meet any other standards indicated on the labor certification. | Documentation such as an official academic record demonstrating a U.S. advanced degree or a foreign equivalent degree, or an official academic record demonstrating a U.S. baccalaureate degree or a foreign equivalent degree, as well as letters from current or former employers demonstrating at least 5 years of progressive post-baccalaureate work experience in the specialty. If a doctoral degree is necessary, you must have a doctorate from the United States or a foreign equivalent. |
| Exceptional Ability | You must be able to demonstrate remarkable abilities in the sciences, the arts, or the business world. “A degree of expertise far above that typically encountered in the sciences, arts, or business” is what exceptional ability signifies. As appropriate, you must meet any standards listed on the labor certification. | *You must meet at least three of the requirements below. |
| National Interest Waiver | Noncitizens requesting a national interest waiver are asking for the Labor Certification to be waived because it is in the best interests of the US. Despite the fact that the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are typically granted to people who have outstanding talent (see above) and whose employment in the United States would considerably benefit the country. Those seeking a national interest waiver may self-petition (i.e., they do not need an employer to sponsor them) and file their labor certification with USCIS along with their Form I-140, Alien Worker Petition. | In addition to providing proof of an advanced degree or exceptional ability (described in the boxes above, you must meet the three National Interest Waiver requirements listed below** in order to demonstrate that it is in the national interest for USCIS to waive the requirement of a job offer, and thus the labor certification. |
* Requirements
To demonstrate that you have sustained national or international acclaim and that your accomplishments have been recognized in your field of expertise, you must either include proof of a one-time achievement (major officially acknowledged award) or three of the ten listed requirements below (or comparable proof if any of the requirements do not commonly apply):- Official academic document demonstrating that you have earned a degree, diploma, certificate, or comparable award in your area of outstanding ability from a college, university, school, or other educational institution
- Letters testifying to at least ten years of full-time work experience in your field
- A license to practice your profession or certification for your profession or occupation
- Evidence that you have commanded a salary or other remuneration for services that demonstrates your extraordinary competence
- Participation in a professional association(s)
- Recognition for your achievements and significant contributions to your industry or field by your colleagues, government authorities, professional or corporate organizations
- Other evidence of eligibility that is comparable is also accepted
* Requirements for National Interest Waiver
- The proposed endeavor has both substantial merit and national importance.
- You are in a good position to move forward with the proposed project.
- Waiving the prerequisites for a job offer, and thus labor certification, would be beneficial to the United States.
Note: Employment-based second-preference petitions are generally required to be accompanied by a Department of Labor approved Application for Permanent Employment Certification on ETA Form 9089, but you can obtain a waiver of this requirement through a National Interest Waiver petition.
The employer may submit the petition to the US Citizenship and Immigration Service (USCIS) with an uncertified ETA-9089 for consideration as Schedule A for non-citizens of exceptional ability who can demonstrate widespread acclaim and international recognition, or certain professional nurses and physical therapists.
Unless you are applying for a National Interest Waiver, in which case you can file a Form I-140, Petition for Alien Worker on your own behalf, your employer must file a Form I-140, Petition for Alien Worker on your behalf to qualify for an EB-2 visa. Your employer must be able to demonstrate a continued ability to pay the promised salary as of the priority date as part of the application process. To establish a continued ability to pay your salary, your company may utilize an annual report, federal income tax return, or audited financial statement.
Family of EB-2 Visa Holders
Your spouse and unmarried children under the age of 21 may be able to apply for E-21 and E-22 immigrant status in the United States if your I-140 petition is accepted.Employment-Based Immigration: Third Preference EB-3
You may be eligible for this immigrant visa preference category, if you are a skilled worker, professional, or other worker.
- “Skilled employees” are people who work in positions that need at least two years of training or experience and are not temporary or seasonal. The skilled worker must meet the employment opportunity’s educational, training, or experience requirements. Training can include relevant post-secondary education.
- “Professionals” are persons who are members of the professions and have a job that needs at least a baccalaureate degree from the United States or a foreign equivalent.
- The “other workers” subcategory is for people who do unskilled labor that doesn’t require more than two years of practice, education, or experience and isn’t temporary or seasonal.
Eligibility Criteria
| Sub-Categories | Description | Evidence |
|---|---|---|
| Skilled Workers |
|
Labor certification is essential, as well as a permanent, full-time work offer. |
| Professionals |
|
Labor certification is essential, as well as a permanent, full-time work offer |
| Unskilled Workers (Other workers) |
|
Labor certification is essential, as well as a permanent, full-time work offer. |
U.S. Department of Labor – Labor Certification
In most cases, third preference applications must be accompanied by an approved, individual labor certification on Form ETA-9089 from the Department of Labor. The petition may be filed to the United States Citizenship and Immigration Service (USCIS) with an uncertified ETA-9089 for consideration as Schedule A, Group I in some circumstances.
Application Process
A Form I-140, Immigrant Petition for Alien Workers, must be filed by your employer (petitioner). Your employer must be able to demonstrate a continued ability to pay the promised salary as of the priority date as part of the application process. To establish a continued ability to pay your salary, your company may utilize an annual report, federal income tax return, or audited financial statement.
Family of EB-3 Visa Holders
Your spouse and unmarried children under the age of 21 may be able to apply for admission to the United States under the E34 (spouse of a “skilled worker” or “professional”) or EW4 (spouse of a “other worker”) categories if your I-140 petition is accepted.*E35 (child of a “professional” or “skilled worker”) and EW5 (child of an “other worker”).
Employment-Based Immigration: Fourth Preference EB-4
You may be eligible for an employment-based, fourth preference (EB-4) visa if you are an exceptional immigrant. The following special immigrants are eligible for the fourth preference visa:
- Workers in the Religious fields
- Unique Immigrant youths
- Certain Broadcasters
- Retired officers or workers of a G-4 international organization or NATO-6 civilian personnel and their families
- Employees of the United States government who are stationed abroad, as well as their family members
- Members of the United States armed forces
- Workers of the Panama Canal Company or the Canal Zone government
- Certain physicians licensed to practice medicine in the United States as of January 9, 1978
- Afghan or Iraqi translators or interpreters
- Iraqis employed by or on behalf of the United States government
- Afghans employed by or on behalf of the United States government or the International Security Assistance Force (ISAF).
Petitioning for an Employment-Based Fourth Preference Immigrant
Your company must file a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, to petition for an employment-based fourth priority immigrant. There are, however, some circumstances in which you, the employee, may file a self-petition on your own behalf. Please read the instructions on the form to discover if you are eligible to self-petition and what supporting evidence is required.
Family of EB-4 Visa Holders
Your spouse and unmarried children under the age of 21 may be admitted to the United States under certain EB-4 classifications.
EB-5 Immigrant Investor Program
The EB-5 Program is managed by the United States Citizenship and Immigration Services (USCIS). Investors (and their wives and unmarried children under the age of 21) are eligible to apply for a Green Card (permanent residence) through this program if they:
- Make the necessary capital in a business in the United States.
- Plan to generate or keep 10 full-time permanent employments for competent Americans.
The name of the EB-5 ‘employment-based fifth’ preference visa that participants get gives this program its name.
The EB-5 Program was established by Congress in 1990 to promote the American economy by allowing foreign investors to create jobs and invest cash in the United States. The Immigrant Investor Program, also known as the Regional Center Program, was established by Congress in 1992 to provide EB-5 visas to participants who invest in commercial companies linked with regional centers that have been approved by USCIS based on plans for economic growth.