Employment-Based Green Card Lawyers
If you are in the United States on a temporary visa and want to adjust your status to become a permanent resident, you may be eligible for an employment-based green card. Below is a summary of the three main types of employment-based green cards and the qualifications and application processes for each. The immigration lawyers at Bolour/Carl can help guide you through the complexities of acquiring an employment-based green card.
EB-1: First Preference
The EB-1 category of employment-based green cards is reserved for immigrants with extraordinary ability in their field, as well as outstanding professors and researchers, and multinational executives or managers. To qualify you must show that you will continue to work in your area of expertise.
In order to demonstrate that you have extraordinary ability or achievements, you must either present evidence of a major one-time achievement, such as a Pulitzer Prize, Olympic Medal, or Academy Award, or meet at least three of 10 criteria such as:
- Receipt of lesser nationally or internationally recognized prizes.
- Membership in industry associations that demand outstanding achievement of members.
- Evidence of published material about you in professional publications or other major media.
If you’re an outstanding professor or researcher, you must demonstrate international recognition of your achievements and have at least three years of teaching or research experience in your area of expertise. Further, you must be pursuing tenure or tenure-track teaching, or comparable research positions in the U.S., and you must present proof of an offer of employment from a qualified employer while showing you meet two of six criteria, such as:
- Receipt of major prizes.
- Published material or original scientific or scholarly research.
As a multinational manager or executive, you can qualify if you worked outside the U.S. for at least one year in the three preceding years before the petition or your most recent lawful nonimmigrant admission if you’re already working for the qualified U.S. petitioning employer. The petitioning employer must demonstrate intent to employ you in a managerial or executive capacity and must have been doing business in the U.S. for at least 1 year as well as have a qualifying relationship to the entity that employed you abroad.
EB-2: Second Preference
The EB-2 category is mainly for immigrants whose work requires advanced degrees, who have exceptional ability, or who qualify for a national interest waiver.
For professions requiring advanced degrees, not only the position but the immigrant must possess a bachelor’s degree or foreign equivalent plus five years of post-baccalaureate, progressive work experience in the field, while meeting other requirements specific to the position. If a doctoral degree is customarily required for that position, then you must have one (or the foreign equivalent), as well.
To qualify based on exceptional ability in the sciences, arts or business, you must meet position-specific requirements plus three criteria from a list that includes:
- A degree or certificate from an educational institution related to your area of specialty.
- At least 10 years of full-time experience in your occupation.
- A professional license or membership in a professional association.
If the U.S. Citizenship and Immigration Services (USCIS) determines that your employment would greatly benefit the nation, and you are well-positioned to advance your area of specialty, you may qualify for a national interest waiver.
EB-3: Third Preference
The EB-3 preference is a more inclusive category that is open to:
Professionals – Defined as immigrants whose jobs require at least a U.S. bachelor’s degree or foreign equivalent.
Skilled Workers – Jobs that require a minimum of two years of training or experience (relevant education may be considered training) and are not of a temporary or seasonal nature.
Other Workers – Positions that require less than two years of training, education, or experience, and which are not temporary or seasonal.
How to apply for an employment-based green card
The application process for employment-based green cards involves Form I-140, Petition for Immigrant Worker, and Form I-485, Application to Register Permanent Residence or Adjust Status.
Rules for filing Form I-140 vary by visa category, and even within each category. For the EB-1 visa, applicants who meet the extraordinary ability criteria may use the form to self-petition, while employers of outstanding professors and researchers and multinational managers or executives must file the petition on their behalf.
For most EB-2 and EB-3 visas, Form I-140 must be submitted by petitioning employers, who, for the majority of positions, must also submit an approved Application for Permanent Employment Certification from the Department of Labor on ETA Form 9089. Immigrants requesting a national interest waiver, however, may self-petition using Form I-140 and may also request to have the labor certificate waived.
If you are in the U.S. and you meet certain other criteria, an immigrant visa is immediately available to you as an EB-1, EB-2, or EB-3 immigrant, and you may file Form I-485 to adjust your status without leaving the country. As long as a visa is available, you can file Form I-485 either concurrently with the Form I-140 application, while the application is pending or after it has been approved.
If you would like to speak to an employment-based green card lawyer, contact Bolour/Carl Immigration Group at 323-857-0034 or firstname.lastname@example.org.