Employment Green Cards

Employment-based green cards offer a pathway to permanent residency for foreign workers who contribute to the U.S. economy. There are several employment-based preference categories, each with specific eligibility requirements and limitations. These categories range from priority workers with extraordinary abilities to skilled workers and professionals. Obtaining an employment-based green card often involves a complex process requiring employer sponsorship and labor certification.

FAQs

What is an EB-1A Green Card?

The EB-1A green card is an employment-based visa category for individuals with extraordinary ability in fields such as science, arts, education, business, or athletics. Applicants must demonstrate sustained national or international acclaim in their field. Unlike other visa types, the EB-1A allows for self-petitioning without requiring a job offer or employer sponsorship.

Do I have to be in the U.S. when applying for my EB-1A?

No, you do not have to be in the U.S. to apply for an EB-1A green card. You can apply from outside the U.S. through a U.S. Consulate or Embassy in your home country using consular processing.

If you are already in the U.S. on a valid visa, you can apply for an EB-1A through adjustment of status. Both methods ultimately lead to obtaining a U.S. green card, but the process depends on your current location and immigration status.

What is an EB-2 Visa?

An EB-2 visa is an employment-based visa for second preference workers – individuals who are professionals and hold advanced degrees or who have exceptional ability. There are three categories for EB-2 visas:

EB-2 A: Advanced Degree
EB-2 B: Exceptional Ability
EB-2 C: National Interest Waiver

What is PERM?

PERM (Program Electronic Review Management) is a process used by the U.S. Department of Labor (DOL) for obtaining labor certification, which is the first step for many employment-based green cards in the United States. The labor certification process ensures that there are no qualified U.S. workers available to fill the position being offered to a foreign worker, and that the employment of the foreign worker will not adversely affect the wages and working conditions of U.S. workers.

How does one know if they qualify for EB-2 or EB-3 category?

Your eligibility for EB-2 or EB-3 is determined by the minimum qualifications required for the PERM position. If the position requires at least a Master’s degree or a Bachelor’s degree with at least 5 years of progressive, post-baccalaureate experience, it qualifies for the EB-2 category. Positions with lower requirements fall under the EB-3 category.

The sponsoring company establishes the minimum requirements for the PERM position based on their documented qualifications for entry into the role. Therefore, even if you have a Master’s degree, you may not qualify for EB-2 if the position itself requires less than a Master’s degree.

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