Employment-Based Green Cards
Employment-based immigration is a complex process that may involve a number of government agencies within the United States Department of Labor, a State Department of Labor, the United States Citizenship and Immigration Services (USCIS), and the Department of State (DOS). Various employment-based pathways are available to foreign nationals seeking permanent resident status (a “Green Card”).
Employment Based Immigrant Visas
The following are the five preference categories (classes) of employment-based immigrant visas:
The EB-1 preference class includes individuals of “sustained national or international acclaim” with “extraordinary ability” in the sciences, arts, education, business or athletics; “outstanding professors and researchers” recognized internationally in a specific academic area; and “certain multinational executives and managers.” Foreign nationals holding O-1 or L-1 nonimmigrant visa status often qualify for immigrant status under this category.
The EB-2 preference class includes members of the professions holding advanced degrees and foreign nationals who, because of their exceptional ability in the sciences, arts or business, will substantially benefit the national economy, cultural or educational interests or welfare of the United States. To qualify as a member of the professions, the applicant must hold an advanced degree or its equivalent (that is, any degree above that of baccalaureate or a baccalaureate degree with at least five (5) years of progressive experience in the specialty). If the profession requires a degree higher than a Master’s degree, the alien must possess that degree.
The EB-3 preference class includes skilled workers, professionals, and “other workers.” Skilled worker positions require a minimum of two (2) years of training or experience. Professionals must hold a baccalaureate degree (or foreign equivalent) in the field and must establish that a baccalaureate degree is the normal requirement for entry into the profession.
The “other workers” (unskilled workers) category includes positions that require less than two (2) years of training or experience.
Within this preference class, professionals and skilled workers are categorized separately from other (unskilled) workers for purposes of the allotment of available visa numbers.
The EB-4 preference class includes religious workers, certain long time employees of the U.S. government and citizens of Iraq or Afghanistan that have worked for the U.S. Armed Forces as a translator for at least one (1) year.
Call the Attorneys at Schonfeld & Ushan at (212) 233-1433 to schedule a consultation.