Employment-based Immigrants Who May Apply for a Green Card

Published: February 15, 2022

According to the Immigration and Nationality Act (INA), the United States may approve up to 675,000 permanent visas per year. From that number, only 140,000 are reserved for employment-based visas. If you wish to apply for a Green Card in the United States as an employee, be sure to choose the category that best suits your skills and experience.

There are five existing permanent worker visa preference categories. They are as follows:

First Preference (EB-1)

Professionals under the EB-1 category are usually professors, researchers, multinational executives, and managers of proven skill and competence. They possess extraordinary abilities in the fields of science, art, education, business, or athletics. To qualify for Green Card, they must come to the United States with the intention to continue working on their chosen area of expertise.

Second Preference (EB-2)

The EB-2 category can be broken into three sub-categories. The first sub-category covers individuals with advanced degrees. To qualify, they should possess at least a baccalaureate degree (or its equivalent) relevant to the labor certification applied for. 

The second sub-category refers to individuals with exceptional abilities. Exceptional ability means “a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.” The said exceptional ability should also be relevant to available labor certifications. 

Lastly, the third sub-category pertains to individuals granted a National Interest Waiver. An eligible worker may not need to procure a labor certification through this waiver. This notable exception applies to individuals whose employment in the United States would greatly benefit the nation.

Third Preference (EB-3)

The EB-3 category offers Green Card eligibility to professionals, skilled workers, and other workers. Skilled workers include individuals whose jobs require a minimum of two (2) years of training or experience but not of a temporary or seasonal nature. Professionals must be persons whose job requires at least a U.S. baccalaureate or foreign equivalent degree and are members of the professions. Lastly, the other workers (or unskilled workers) perform unskilled labor that requires less than two (2) years of training, education, or experience. Their work should be temporary or seasonal as well.

Fourth Preference (EB-4)

The EB4 category covers “special immigrants.” It includes religious workers, U.S. foreign service posts employees, retired employees of international organizations, noncitizen minors who are wards of courts in the United States, and other classes of noncitizens.

Fifth Preference (EB-5)

EB-5 covers business investors in a new commercial enterprise. They should employ at least ten (10) full-time U.S. workers. The capital investment may differ depending on the business they are pursuing. For investments made in a targeted employment area, investors may need to establish a minimum of $900,000.

Note: Family members of any preferred immigrant workers may also become Green Card holders by virtue of derivation. For more details on this matter, contact one of our lawyers.

The competition for employment-based Green Card can be too steep. To have an edge against other applicants, work with reliable and experienced professionals. If you need the help of Los Angeles immigration lawyers, the door to ALG Lawyers’ office is always open! If you got time, we could discuss matters over a cup of coffee.