Employment-Based Immigrant Visa Preference Categories For The American Green Card

November 9, 2024 Claudia Jeff Immigration Guide 0

The USA grants 1,40,000 employment-based immigrant permanent residence permits, or “Green Cards Employment-Based Immigrant Visa Preference Categories For The American Green Card as they are more often known, every fiscal year. This covers a visa for the primary applicant or the person coming to the United States for employment, as well as for their spouse and dependent children. The primary applicant and their family may receive visas in separate years, contingent on the number of qualified applicants and the country-wise cap. Migrants can apply for this visa in five categories. Let’s examine the five categories and their relative importance. The United States offers various pathways for individuals seeking to immigrate based on their employment skills. One of the most structured routes for obtaining a Green Card is through the Employment-Based (EB) Immigration Program. This program is categorized into five preference levels, each targeting different types of skilled workers, professionals, and investors. Understanding these categories is crucial for anyone considering employment-based immigration to the U.S. The Employment-Based First Preference (EB-1) category is reserved for priority workers, including those with extraordinary abilities, outstanding professors or researchers, and multinational executives or managers. The EB-1A subcategory targets individuals with extraordinary abilities in the sciences, arts, education, business, or athletics, allowing them to self-petition without a job offer or labor certification. The EB-1B subcategory focuses on outstanding professors and researchers internationally recognized for their achievements, requiring at least three years of experience and a job offer in the U.S. The EB-1C subcategory is designed for multinational executives and managers employed by an international firm for at least one year within the past three years, seeking to continue serving in a managerial or executive capacity for the same employer or its affiliate. The Employment-Based Second Preference (EB-2) category is for individuals with advanced degrees or exceptional ability in the sciences, arts, or business. The EB-2A subcategory is for advanced degree professionals, requiring a job offer and labor certification, although a National Interest Waiver (NIW) may be obtained if it benefits the U.S. The EB-2B subcategory targets individuals with exceptional ability, defined as expertise significantly above the ordinary in their field. Similar to EB-2A, this subcategory generally requires a job offer and labor certification but allows for a NIW. The Employment-Based Third Preference (EB-3) category is designed for skilled workers, professionals, and other workers meeting specific educational and experience requirements. The EB-3A subcategory is for skilled workers requiring at least two years of training or work experience, while the EB-3B subcategory targets professionals with at least a bachelor’s degree or its foreign equivalent. Both subcategories necessitate a job offer and labor certification. The EB-3C subcategory is for unskilled workers performing jobs requiring less than two years of training or experience, also requiring a job offer and labor certification but often facing longer waiting times due to high demand and limited visa availability. The Employment-Based Fourth Preference (EB-4) category is for special immigrants, including religious workers, certain international organization employees, and other specific categories of immigrants. This category does not require a labor certification but does need a job offer or evidence of qualification for the specific special immigrant category. The Employment-Based Fifth Preference (EB-5) category is for immigrant investors making substantial investments in new commercial enterprises that create jobs for U.S. workers. The standard minimum investment amount is $1.8 million, reduced to $900,000 if made in a targeted employment area (TEA), such as a rural area or an area with high unemployment. The EB-5 category aims to stimulate the U.S. economy through job creation and capital investment by foreign investors. Applicants must invest in a new commercial enterprise that creates or preserves at least 10 full-time jobs for qualifying U.S. workers. The investment can be made directly or through a regional center, an economic entity approved by U.S. Citizenship and Immigration Services (USCIS) to promote economic growth.

First Preference for Employment-Based Immigrant Visas: EB-1

People who possess exceptional skills in the fields of science, education, the arts, business, or athletics are eligible for the EB-1 visa. They could work as teachers, researchers, managers, or in other capacities. To demonstrate their skills, the person must have achieved national or worldwide recognition.

For E-14 or E-15 visas, the applicant’s spouse and unmarried children under the age of 21 may apply with them; labor certification is not necessary.

Second Preference for Employment-Based Immigrant Visas: EB-2

To be eligible for this visa, the candidate must have an advanced degree in the arts, sciences, or business or demonstrate extraordinary talent in any of these areas.

If the applicant gets a national interest waiver, labor certification is optional. For E-21 or E-22 visas, the applicant’s spouse and unmarried children under 21 may also apply.

Third Preference for Employment-Based Immigrant Visas: EB-3

This category of visas covers professionals and skilled workers. To be eligible, professionals must be registered members of their profession and possess a US baccalaureate degree or its equivalent in another country.

Skilled workers must fulfill the opportunity’s educational and experience criteria and work in positions requiring at least two years of training. The position being held must be something other than transient or seasonal.

For E-34, EW-4, E-35, or EW-5 visas, the applicant’s spouse and any unmarried children under the age of 21 may apply; labor certification is necessary.

Fourth Preference for Employment-Based Immigrant Visas: EB-4

US foreign service post personnel, religious workers, retired employees of international organizations, noncitizen minor wards of the US courts, and other exceptional immigrants are eligible for EB-4 visas.

This visa does not need labor certification. However, the applicant’s spouse and unmarried children under the age of 21 may be admitted to the United States only under certain circumstances.

Fifth Preference for Employment-Based Immigrant Visas: EB-5

The EB-5 visa is available to entrepreneurs and foreign investors who invest at least $1.5 million or $8,000,000 in specific employment areas in order to establish a new commercial venture. Other requirements for the planned firm include creating at least ten full-time jobs for US citizens. Certification of labor is optional. Family members of the primary applicant may also be granted this type of visa.

Green Cards Based on Employment: E.B. Types and Procedures

Because of their professional abilities and contributions to the American workforce, foreigners can receive lawful permanent citizenship in the United States through employment-based green cards. This extensive book covers the several types of employment-based green cards, the application procedure, and important factors for both employers and potential immigrants.

Legal Background and Historical Context For many years, the foundation of U.S. immigration policy has been the idea of employment-based immigration. The present structure for employment-based green cards was created by the Immigration Act of 1990, which also established a system of preference categories to give different worker types and their contributions to the American economy priority.

Present-Day Legal Structure

The employment-based green card procedure is managed by the U.S. Citizenship and Immigration Services (USCIS), which collaborates with the Department of State (DOS) and the Department of Labour (DOL). The statutory foundation for these classifications and procedures is provided by the Immigration and Nationality Act (INA).

  • Preference Categories Based on Employment
  • The five primary employment-based (E.B.) preference categories are as follows, according to USCIS:
  • Important Elements of the Green Card Process Based on Employment

 Certification of Labor (PERM)

Employers must first get a permanent labor certification from the U.S. Department of Labour for the majority of EB-2 and EB-3 categories. Employers must comply with this procedure, called PERM (Program Electronic Review Management), by:

  • Use a good-faith hiring procedure to gauge the labor market in the United States.
  • Show that there are only so many competent American candidates for the job.
  • Demonstrate that hiring a foreign worker will not negatively impact the salaries and working conditions of similarly employed U.S. workers.
  • Petition for Immigration (Form I-140)
  • The employer submits Form I-140, Immigrant Petition for Alien Worker, with USCIS after obtaining labor certification, if necessary. This petition establishes the foreign national’s eligibility for the particular E.B. category.
  • Dates of Priority and Visa Availability
  • Many candidates must wait because of the yearly green card number restrictions. Depending on their priority date, the Department of State’s monthly Visa Bulletin establishes when a candidate can proceed with their green card application.
  • Status Modification or Consular Procedure

Applying to Register Permanent Residence or Adjust Status (if the applicant is already in the United States) by submitting Form I-485.

Processing at an American embassy or consulate overseas

  • Rights and Obligations
  • Holders of employment-based green cards are entitled to
  • Reside and work in the U.S. on a permanent basis.
  • Enter and exit the nation (with certain limitations)
  • Request the arrival of certain family members in the United States.
  • They also have obligations, such as
  • Continuing to live in the United States.
  • Respecting the rules and regulations of the United States
  • Residents of the United States filing taxes
  • Typical Problems and Difficulties
  • Wait times and backlogs.

There are severe backlogs in various E.B. categories for applicants from specific nations, including China and India, because of strong demand and per-country restrictions.

  • Switching Employers
  • It might be difficult to handle employment changes during the green card application process, particularly if the I-140 petition has been granted, but the green card still needs to be issued.
  • Preserving Status
  • While their green card application is pending, applicants must retain a valid nonimmigrant status (such as H-1B), which might be difficult for individuals who are waiting a lengthy period.
  • Case Studies and Prominent Illustrations
  • EB-1A: Outstanding Capabilities
  • An internationally known scientist who has published ground-breaking research may be eligible for EB-1A without the requirement for labor certification or an employer sponsor.
  • EB-2 Waiver of National Interest
  • Suppose an entrepreneur’s activity is judged to be in the national interest. In that case, they may be eligible for an EB-2 National Interest Waiver, which would allow them to avoid the labor certification requirement.
  • The EB-5 Investor Program

A foreign investor may be eligible for the EB-5 category if they spend $1.8 million (or $900,000 in a designated employment region) in a new commercial company that generates at least 10 full-time jobs for U.S. workers.

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Compliance Strategies and Best Practices

  • Get started early Planning should start as soon as feasible because the employment-based green card procedure might take years.
  • Keep up-to-date records: Maintain thorough records of every step involved in the petition and labor certification procedures.
  • Keep up with evolving regulations: Eligibility and processing timeframes may be impacted by changes to immigration laws and procedures.
  • Think about filing concurrently To speed up the process, submit the I-485 adjustment of status application as soon as feasible alongside the I-140 petition.
  • Employers can pay an extra cost for expedited processing of the I-140 petition for specific categories, known as premium processing.

Current Events and Suggested Modifications

Continuous policy debates and possible legal changes are affecting the employment-based immigration environment. Recent advancements include the following

  • Plans to remove the employment-based green card limitations per nation
  • Conversations on the modernization of the labor certification procedure
  • Possible EB-5 Investor Program Reforms
  • Sources of Additional Information
  • Consult the following official sources for the most current and reliable information about employment-based green cards:
  • USCIS Employment-Based Immigrant Green Card
  • Foreign Labor Certification, Department of Labor
  • Department of State Bulletin on Visas

These websites offer thorough details on employment-based green card eligibility requirements, application processes, and processing dates. Employment-based green cards provide a route to permanent citizenship for qualified foreign workers who can support the American economy. Employers and potential immigrants can both benefit from knowing the many categories, regulations, and best practices, even if the process can be complicated and time-consuming. The secret to getting an employment-based green card is to stay educated and, when needed, seek professional advice as immigration laws continue to change.

How  To  Apply

The United States offers a variety of pathways for individuals seeking to immigrate based on their employment skills. The Employment-Based (EB) Immigration Program is one of the most prominent and structured routes for obtaining a Green Card, which grants lawful permanent residency. The program is categorized into five preference levels, each targeting different types of skilled workers, professionals, and investors. Understanding these categories is essential for anyone considering employment-based immigration to the U.S. Here, we explore the five employment-based immigrant visa preference categories in detail.Employment-Based Immigrant Visa Preference Categories For The American Green Card

Employment-Based First Preference (EB-1): Priority Workers

  • EB-1 is reserved for priority workers who are considered to have extraordinary abilities, outstanding professors or researchers, and multinational executives or managers. The EB-1 category is divided into three subcategories:
  • Extraordinary Ability (EB-1A): This subcategory is for individuals who have demonstrated extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. These applicants do not require a job offer or labor certification and can self-petition by submitting substantial evidence of their achievements, such as major awards, publications, or significant contributions to their field.
  • Outstanding Professors and Researchers (EB-1B): This subcategory targets professors and researchers who are internationally recognized for their outstanding achievements in a specific academic field. Applicants must have at least three years of experience in teaching or research and must be entering the U.S. to pursue tenure or a comparable research position at a university or private employer. A job offer and labor certification are required.
  • Multinational Executives and Managers (EB-1C): This subcategory is designed for executives and managers who have been employed by an international firm or corporation for at least one year within the past three years. The applicant must be seeking to enter the U.S. to continue serving in a managerial or executive capacity for the same employer or its affiliate. A job offer and labor certification are mandatory.
  • Employment-Based Second Preference (EB-2): Professionals with Advanced Degrees or Exceptional Ability

EB-2 is for individuals who hold advanced degrees or possess exceptional ability in the sciences, arts, or business. The EB-2 category is divided into two subcategories:

  • Advanced Degree Professionals (EB-2A): This subcategory is for individuals with an advanced degree (beyond a bachelor’s degree) or a bachelor’s degree plus at least five years of progressive work experience in their field. Applicants must have a job offer and labor certification, although a waiver may be obtained if it is in the national interest (National Interest Waiver – NIW).
  • Exceptional Ability (EB-2B): This subcategory targets individuals who have exceptional ability in the sciences, arts, or business, meaning a degree of expertise significantly above that ordinarily encountered in the field. Evidence of exceptional ability includes official academic records, letters from employers, and other documentation of achievements. A job offer and labor certification are generally required, but applicants may also seek a National Interest Waiver.

Employment-Based Third Preference (EB-3): Skilled Workers, Professionals, and Unskilled Workers

EB-3 is designed for skilled workers, professionals, and other workers who meet specific educational and experience requirements. The EB-3 category has three subcategories:

  • Skilled Workers (EB-3A): This subcategory is for individuals whose jobs require at least two years of training or work experience. Applicants must have a job offer and labor certification.
  • Professionals (EB-3B): This subcategory targets individuals whose jobs require at least a bachelor’s degree or its foreign equivalent. The job must typically require a bachelor’s degree, and applicants must have a job offer and labor certification.
  • Other Workers (EB-3C): This subcategory is for unskilled workers performing jobs that require less than two years of training or experience. Applicants must have a job offer and labor certification. This category often faces longer waiting times due to the high demand and limited number of visas available.

Employment-Based Fourth Preference (EB-4): Special Immigrants

EB-4 is reserved for special immigrants, including religious workers, certain international organization employees, and other specific categories of immigrants. This category does not require a labor certification but does require a job offer or evidence of qualification for the specific special immigrant category.

Employment-Based Fifth Preference (EB-5): Immigrant Investors

EB-5 is for immigrant investors who make a substantial investment in a new commercial enterprise that creates jobs for U.S. workers. The standard minimum investment amount is $1.8 million, although it can be reduced to $900,000 if the investment is made in a targeted employment area (TEA), which is a rural area or an area with high unemployment. The EB-5 category aims to stimulate the U.S. economy through job creation and capital investment by foreign investors. Applicants must invest in a new commercial enterprise that creates or preserves at least 10 full-time jobs for qualifying U.S. workers. The investment can be made directly in a new business or through a regional center, which is an economic entity approved by U.S. Citizenship and Immigration Services (USCIS) to promote economic growth.The EB-5 visa process involves several steps, including filing an I-526 petition, obtaining conditional permanent residency, and eventually applying for the removal of conditions on residency (I-829 petition). Successful EB-5 investors and their immediate family members receive Green Cards, granting them lawful permanent residency in the United States.

 

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