Immigrant Visas for Green Card: Employment Based
EB1- First Preference
This category includes, Persons of Extraordinary Ability, Outstanding Professors and Researchers, and Multinational Executives and Managers. The alien can directly file the petition with the USCIS for approval for permanent residency without the time-consuming process of labor certification.
EB2- Second Preference
This includes Members of Professions holding Advanced Degrees or Aliens of Exceptional Ability. Most EB2 candidates must have a job offer and the employer must complete the labor certification process. The labor certification involves testing of the job market to show that the potential visa holder is not taking away a job from a U.S. worker. If the individual can show that his/her entry is in the national interest the job offer and LC requirements can be waived.
EB3- Third Preference
This includes, Skilled Workers, Professionals and other Workers. Professionals should have a US bachelor degree or its equivalent or combination of education and experience. Skilled workers should have two years training or experience to do the skilled job and other workers includes any job which does not require any skill to do. In all these categories the US employer should file application for Labor Certification, then file petition with the USCIS, before a visa can be obtained to enter US as an immigrant. The spouse and unmarried children under 21 can also enter on immigrant visa as dependents of the principal beneficiary. In most cases under the present circumstances it may take years to go through these steps and gain permanent resident status. Experience gained from the same employer cannot be used to substitute degree requirements.
EB4- Fourth Preference
This includes persons such as Religious Workers, Commuters from Border, Retired G-4, Returning Residents and Ministers of religion. Again the US employer should be a Non Profit religious organization with 501(c) tax exemption status, and should file petition with the USCIS for approval, before the alien can apply for immigrant visa at a US consulate or adjustment of status if present in US. There are certain restrictions for Religious workers and please check the visa availability.
EB5- Fifth Preference
There are two investor groups under the program – people who invest at least $500,000 in “targeted employment areas” (rural areas or areas experiencing high unemployment of at least 150% of the national average) and those who invest $1,000,000 in other areas. Not less than 3,000 of the annual allotment of visas in this category must go to the targeted employment areas. Even though 10,000 visas are available since 1990, only very few people have applied under this country and gained permanent residency status, because of the huge amount of investment that should be put at risk, and the complexities of obtaining the same.