The US government provides an yearly minimum
of 140,000 employment-based immigrant visas, or "green cards",
to foreign professionals and other workers who wish to live and
work permanently in the US.
Employment-based green cards are divided
into five general preference
categories:
With
the exception of the cases listed below, these applications require
a definite job offer from a U.S. employer.
A green card entitles
you to live and work legally inside the U.S. as a permanent resident.
It provides you with proof of name and identity to enable you to
apply for a driver's license, take out loans, establish a bank account,
etc.
Travel Limitations and Citizenship:
As a green card holder, you may travel outside the U.S. and return
as long as you maintain your primary residence in the U.S. If you
wish to become a U.S. citizen, you must normally wait at least 5
years from the date you receive your green card, unless you are
married to a U.S. citizen. More than six months of travel outside
the U.S. may erase the time counted toward your eligibility for
citizenship.
Renewal: A green card is renewable
after ten years.
The
application process:
In most cases, the prospective U.S. employer
must file a labor
certification with the US Department of Labor (DOL)
and a petition
with the US Citizen and Immigration Services (USCIS, formerly INS).
Once these have been approved, the applicant
may file a visa application.
Accompanying relatives of green card
holders are themselves eligible for green cards.
*Exception
to the above rules: Biotech professionals or other
tech workers in high demand by US companies may bypass the labor
certification and definite job offer requirements by filing an "extraordinary
ability" petition or "national interest waiver".
See "employment first preference"
below to see if you may qualify.
The five main preference
categories are:
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I. Employment
First Preference (EB-1): |
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Quota:
28.6% of the annual total
Who is eligible:
"priority workers" in three main subgroups:
- Persons of "extraordinary ability" in the arts,
sciences, business, education or athletics. *No
specific job offer required. Can file own petition with
the USCIS. Applicants must
show extensive documentation of sustained national or international
acclaim and recognition in their field of expertise. Examples
of such documentation include:
- widely recognized awards
- membership in elite associations
- evidence of published research
papers
- published articles about the
applicant in the media
- Outstanding professors and researchers with at least three
years experience in teaching or research, who are recognized
internationally.
*No labor certification required.
- Certain executives and managers of multinational companies
who have been employed for at least one of the preceding
three years.
*No labor certification required.
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II. Employment
Second Preference (EB-2): |
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Quota:
28.6% of the annual total
Who is eligible:
- Workers with graduate-level or
professional degrees
- Workers of "exceptional ability"
in the arts, sciences or business.
*A labor certification may not be required if your presence
will have a national and substantial benefit to the US in
the future deriving from your talent or skills.
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III. Employment Third
Preference (EB-3): |
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Quota: 28.6% of
the annual limit (less than 1/2 for unskilled workers
Waiting Period: seven
years for unskilled workers; four years for professional and
skilled workers from China and three years for the Philippines
Who is eligible:
- Professionals with a baccalaureate degree
- Skilled or unskilled workers with at least two years'
training or experience
- Workers capable of filling positions requiring less than
two years' training or experience
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IV. Employment Fourth
Preference (EB-4): |
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Quota: 7.1% of the annual limit
Waiting Period: 8
months
Who is eligible: Religious workers
and other categories of workers and individuals
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V. Employment Fifth Preference
(EB-5)
or Investor Immigrant Visa: |
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Around 10,000
green cards (which grant permanent resident status) are made
available each year to anyone investing at least $1,000,000
in a new or existing US business ($500,000 if the business
is in an economically-depressed or rural area).
Half of these green cards are set aside
for those who apply under a pilot program involving a USCIS
Regional Center.
Quota:
7.1% of the annual limit
Waiting Period:
none
Who is eligible:
- Individual
investors willing to invest $1,000,000 in US business or
$500,000 in businesses located in economically-depressed
("targeted employment areas")
or rural areas as designated by the US Office of Management
and Budget.
- The business
must employ (or create full-time employment for) at least
ten full-time workers exclusive of the investor and his
or her dependents.
- In the case
of an existing business, the investor must increase the
business's net worth or number of employees by 140% or retain
all existing jobs in a troubled business that has lost 20
percent of its net worth over the past 12 to 24 months.
Accompanying relatives:
Spouses and children of investor visa applicants can apply
simultaneously for the same status.
For information about non-immigrant investor
visas, click here.
Do you have a question about investor visas? Let
our experienced attorneys and paralegals answer your questions.
Your first consultation is FREE.
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Definitions:
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Accompanying Relative:
The spouse or child under the age of 21 of the holder of an
immigrant or nonimmigrant visa, who is accompanying them to
the US
Targeted Employment Area:
An area that has experienced unemployment of at least 150
percent of the national average rate.
Regional Center:
- An entity, organization or agency that has been approved
as such by USCIS (US Citizen and Immigration Services);
- Focuses on a specific geographic area with the US
- Seeks to promote growth through increased export sales,
improved regional productivity, creation of new jobs, and
increased domestic capital investment.
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