Employment-Based Green Cards

The United States provides foreign citizens multiple ways to obtain employment-based (EB) Green Cards and become Lawful Permanent Residents (LPRs). The five employment-based preference immigrant categories include EB-1, EB-2, EB-3, EB-4, and EB-5.

EB-1

The first employment-based Green Card (EB-1) category includes people with extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors and researchers; and certain multinational managers and executives. To demonstrate extraordinary ability in their field the applicant must be the recipient of a major internationally recognized award (i.e., Pulitzer, Oscar, Olympic Medal), or meet certain criteria determined by the USCIS.

If an applicant is a professor or researcher, they must provide evidence of international recognition and three years of experience as a researcher or professor in their academic area. An applicant may also receive an EB-1 by working as a manager or executive for a multinational firm if they have been employed in a similar capacity with a related foreign company for at least one year in the previous three years before entry into the U.S.

EB-2

The second employment-based Green Card category is for people who are professionals holding advanced degrees or who have demonstrated exceptional ability. To qualify for this category the applicant must have an advanced degree in their field and be applying for a job that requires that degree or show exceptional ability, meeting similar criteria to EB-1. Some applicants may also apply for the EB-2 National Interest Waiver (NIW).

The National Interest Waiver allows highly skilled and accomplished individuals to work in the U.S. without the traditional labor certification process. To be eligible for the NIW an applicant must prove their line of work has national importance and substantial merit, that they qualified to advance their line of work, and that it would benefit the United States to waive the requirements for labor certification.

EB-3

The EB-3 category for employment-based Green Cards is for skilled workers, professionals, or other workers. For an applicant to be considered a skilled worker, the U.S. requires two years of work experience, education, or training. The applicant must have a baccalaureate degree or a foreign equivalent to qualify as a professional worker. For the unskilled workers (other workers) category, the applicant must be able to perform unskilled labor that is not considered temporary or seasonal.

EB-4 and EB-5

The EB-4 category is reserved for religious workers, broadcasters, international United States Government employees, and U.S. armed forces members. The EB-5 category, the Immigrant Investor Program, allows foreign investors who meet certain criteria to become LPRs. The investor must meet the minimum investment amount in a U.S. commercial enterprise, and demonstrate that the investment will result in creating or preserving at least 10 full-time jobs for U.S. workers and that their immigration to the U.S. is necessary for the investment.

The PERM Process

The first step of the standard employment-based Green Card process is Program Electronic Review Management (PERM). The purpose of PERM is to demonstrate that the foreign worker won’t be taking a job that could be held by a qualified and willing U.S. worker. PERM involves a series of steps including; using multiple mediums to advertise the position and fairly assess applications received in response to these advertisements. Once the recruitment process ends, if there are no other qualified U.S. workers, then the employer can submit the PERM application with the DOL. The employer then files an I-140 form upon approval of the PERM to show they can pay the applicant the offered wage, based on the PWD. and the applicant submits the appropriate evidence.

PERM Exceptions: Schedule A

The U.S. government has determined that there is a shortage of qualified U.S. workers in certain occupations and thus they are exempt from the PERM advertising process. These occupations are referred to as Schedule A occupations. As part of this exception, the DOL has determined the wages and working conditions of U.S. workers in these occupations will not be adversely affected by the employment of foreign citizens. The occupations included in Schedule A are split into two groups.

Group I is for professional nurses and physical therapists. Group II is comprised of immigrants of extraordinary ability in the sciences or arts, including college and university teachers and immigrants with exceptional ability in the performing arts.

There are also some other employment-based Green Card categories with exemptions from PERM advertising, which include all of the EB-1 categories and applicants in the EB-2 category who apply for the National Interest Waiver (NIW).

For help navigating the employment-based Green Card process, contact Sherman Immigration today!