Employment-based immigration categories in the United States refer to the various visa classifications that allow foreign nationals to live and work in the U.S. based on their employment qualifications and the needs of U.S. employers. These categories are typically divided into preference categories, each with its own eligibility criteria and annual numerical limits. Here are the main employment-based immigration categories in the U.S.:
- EB-1: Priority Workers
- EB-1A: Extraordinary Ability – Reserved for individuals with exceptional abilities in fields such as science, art, education, business, or athletics.
- EB-1B: Outstanding Professors and Researchers – For outstanding professors and researchers.
- EB-1C: Multinational Managers and Executives – For managers and executives of multinational companies transferring to a U.S. office.
- EB-2: Professionals with Advanced Degrees and Individuals with Exceptional Ability
- EB-2A: Advanced Degree – For individuals with advanced degrees or their equivalent.
- EB-2B: Exceptional Ability – For individuals with exceptional abilities in their respective fields.
- EB-3: Skilled Workers, Professionals, and Other Workers
- EB-3A: Skilled Workers – For individuals with at least two years of job experience or training.
- EB-3B: Professionals – For individuals with a bachelor’s degree and a job offer that requires such a degree.
- EB-3C: Other Workers – For unskilled or low-skilled workers.
- EB-4: Special Immigrant Visas
- EB-4 visas are reserved for special immigrant categories, including religious workers, certain employees of international organizations, Afghan and Iraqi translators, and more.
- EB-5: Immigrant Investors
- EB-5 visas are for investors who are willing to invest a substantial amount of capital in a new commercial enterprise that creates jobs for U.S. workers.
- EB-4: Certain Special Immigrants
- This category includes special immigrants such as religious workers, employees of international organizations, and others.
- EB-4: Certain Special Immigrant Juveniles
- This category is for children who have been declared dependent on a juvenile court in the United States and who meet specific eligibility criteria.
How to apply for an employment-based green card?
Applying for an employment-based green card (permanent residence) in the United States is a multi-step process that involves several stages. Here’s a general overview of the process:
- Determine Your Eligibility:
- You must fall under one of the employment-based preference categories (EB-1, EB-2, EB-3, or EB-4) based on your qualifications and job offer. Ensure that you meet the eligibility requirements for the specific category you’re applying under.
- Obtain a Job Offer:
- You’ll need a job offer from a U.S. employer who is willing to sponsor your green card application. The employer typically needs to demonstrate that they’ve been unable to find a qualified U.S. worker to fill the position.
- Labor Certification (PERM) – If Required:
- Some employment-based categories, such as EB-2 and EB-3, may require the employer to obtain a Labor Certification (PERM) from the U.S. Department of Labor (DOL). This process involves proving that there are no qualified U.S. workers available for the job.
- File Form I-140 (Immigrant Petition for Alien Worker):
- Your employer, on your behalf, must file Form I-140 with the U.S. Citizenship and Immigration Services (USCIS). This form is the Immigrant Petition for Alien Worker and is specific to your employment category.
- Wait for I-140 Approval:
- Once USCIS approves your Form I-140, it establishes your eligibility for an employment-based green card.
- Priority Date and Visa Bulletin:
- Your “priority date” is the date USCIS receives your Form I-140. Check the Visa Bulletin regularly to see if your priority date becomes current, allowing you to move forward with the green card process.
- File Form I-485 (Application to Adjust Status) or DS-260 (Consular Processing):
- Depending on your circumstances, you can either file Form I-485 to adjust your status to that of a permanent resident within the U.S., or if you are outside the U.S., you will go through “consular processing” by filing Form DS-260 with the U.S. Department of State.
- Biometrics and Interview:
- If required, attend a biometrics appointment and, if necessary, an interview as part of the green card application process.
- Medical Examination and Vaccinations:
- You will need to undergo a medical examination by an approved civil surgeon and receive any required vaccinations.
- Receive Green Card Approval:
- If your application is approved, you will receive your employment-based green card, granting you permanent resident status.
