EMPLOYMENT GREEN CARDS

EMPLOYMENT--PERMANENT

Employment-based immigration is divided into the following five preference categories:

EB-1 Foreign Nationals of Extraordinary Ability, Outstanding Professors and Researchers,
Multinational Executives and Managers.

The extraordinary ability (EB-1) visa is reserved for the small percentage of people who have risen to the
very top of their professional field. These individuals have proved extraordinary ability in the sciences,
arts, education, business or athletics with ongoing national or international acclaim. All of the above
individuals are eligible for permanent residence without having to obtain a labor certification.

The applications for the first two groups of individuals require substantial documentation establishing their
national and/or international renown and expertise. Multinational executives and managers are only able
to apply if they have worked for at least one year for companies with the appropriate ownership
relationships and affiliations.

First Preference EB-1 Priority Workers
(No Labor Certification is required)
Priority workers are divided up into three subcategories:

)

Workers of Extraordinary Ability

Extraordinary ability is demonstrated through achievements that have been publicly recognized in

a period of sustained national or international acclaim.

)

Outstanding Professors and Researchers

An applicant qualifies for this category if they have an international reputation in being

particularly outstanding in a particular academic field and have three years minimum of either

teaching or research experience in that field. Additionally, the applicant must accept a teaching or

tenure position at a research university or accept a job conducting research with a research

organization or industry.

) Multinational Executives and Managers

The qualifications for multinationals and executives are similar to L-1 intracompany transfer visas.

An applicant may qualify for this category only if a qualified company outside the U.S. employed

them as an executive or manager for at least one out of the past three years. The position must be

similar and with an United States branch, affiliate or subsidiary of the same company.

You don’t need a labor certification,

but you must show evidence that you’ll continue to work in

the

United States in your field of expertise. Documentation could include:

Letter(s) from prospective employers
Evidence of prearranged commitments, such as contracts
A statement detailing how you plan to continue your work while in the U.S.
You must show evidence that you’ve won national or international acclaim and that your
achievements have been recognized in your field of expertise. Proof must include evidence of a one-
time achievement (such as an internationally recognized award) or at least three of the following:

Receiving a lesser national or international award or prize for excellence in your field
Membership in associations in your field, which require outstanding achievements of their
members, as judged by recognized national or international experts
Published material relating to your work in a professional or major trade publication or
major media
Participation as a judge of others’ work in your field
Original scientific, scholarly, artistic, athletic or business-related contributions of major
significance in your field
Authorship of scholarly articles in your field, in professional or major trade publication or
other major media
Having your work displayed at artistic exhibitions or showcases
Performing in a leading or critical role for organizations with a distinguished reputation
Making a high salary compared to others in your field
Commercial successes in the performing arts (as shown by box office receipts or record,
cassette, CD or video sales)

All extraordinary ability petitions- called “I-140s,” must be filed at the Bureau of Citizenship and
Immigration Services (previously INS) Regional Service Center with jurisdiction over where you’ll work.

Second Preference EB-2
(Labor Certifications are normally required for this category)
This category is applicable to workers who are members of the professions holding advanced degrees or
their equivalent and workers who have exceptional ability in the sciences, arts or business.

)

Advanced Degree Professionals

An advanced degree professional must hold a graduate level degree, or a professional degree

requiring postgraduate education. An applicant can substitute the advanced degree requirement

with a bachelor's degree plus five years of progressively responsible experience.

)

Persons of Exceptional Ability

This subcategory covers applicants in the area of arts, sciences and business. Although the standard

is less than international acclaim the applicant must still be considered significantly more

accomplished than the average person in that profession.

EB-2 Workers With Advanced Degrees or Exceptional Ability

Individuals in this category normally must have a job offer and an approved labor certification. The labor
certification process is comprehensive and involves demonstrating that the foreign worker will not be
taking a job away from a U.S. worker. If individuals in this category can show that their entry is in the
U.S. national interest, both the labor certification and job offer requirements can be waived.

Third Preference EB-3
(Labor Certification is required)
The EB-3 category is divided into three subcategories:

1) Skilled Workers

To qualify for this subcategory workers must be engaged in occupations that need two years of

training or experience. These positions do not normally require a bachelor's degree.

2) Professionals

Professionals include such occupations as architects, lawyers, physicians, engineers, accountants,

therapists and chemists. The professionals subcategory in preference three requires that the

applicant have a bachelor's degree.

3) Unskilled workers

Occupations generally requiring less than two years of experience fall into this category. The

applicant must meet the qualifications of the job and the job must not be seasonal or temporary.

Applicants categorized as unskilled workers will have to wait much longer than applicants in the

other subcategories, since this category is severely backlogged.

EB-3 Skilled Workers and Professionals

Individuals in this category typically must have a job offer and approved labor certification. While there is
also an EB-3 unskilled labor category, it is so backlogged that it really makes no sense to proceed with a
labor certification for an unskilled laborer.

Fourth Preference Religious Workers EB-4
The EB-4 Category encompasses religious workers, and former employees of the United States government
and other organizations.

Religious Workers
This category covers religious workers that

have been a member of the religious organization of a recognized religion that has a non-profit

organization in the U.S. for at least two years.

employed in that religious group for two years and

the sole reason for coming to the United States must be to work as a religious worker for their

religious organization.

The applicant must have a "Letter from the Authorized Official" who belongs to the applicant's
religious organization. The letter must state:

(a) that the applicant performed work as a religious worker before applying for the visa.

Volunteer work does not suffice as work experience. The applicant must have a minimum of 2

years experience in the religious occupation or vocation.

(b) The letter must also show that the applicant qualifies for the religious position.

organization will also need to provide documentation demonstrating that it is a tax-exempt

non-profit organization.

In addition, the law provides three categories of religious workers under EB-4 classification. They
include:

(1) ministers of religion,

(2) professionals working in religious vocations or occupations; and

(3) other workers in religious vocations or occupations.

Based on the information you provided, the third category appears most appropriate for your

intended

employment. Working in a religious occupation requires that the individual's

occupation relate to a

traditional religious function. For instance, positions that have met

this definition are religious

instructors, counselors, and missionaries.

EB-4 Special Immigrants
Ministers and other religious workers are eligible for permanent residence in this classification provided
they have worked for the past two years in that same occupation for the same religious denomination.

Fifth Preference EB-5

EB-5 Investors
10,000 visas per year have been set aside for investors who either invest at least $500,000 in "targeted
employment areas" (rural areas or those experiencing high unemployment) or those who invest $1,000,000
anywhere else. The new U.S. business must create at least 10 jobs. There are numerous restrictions and
regulations regarding this category and anyone proceeding is strongly advised to seek immigration
counsel before doing so.