GREEN CARD ELIGIBILITY / PREFERENCE SYSTEM

For Employment Based Green Card Immigration, there are five categories.
The categories are listed in order of preference (i.e. EB-1 is given first preference).
 
EB-1 Priority workers
~ Individuals with 'extraordinary' ability in the sciences, arts, education, business or athletics
~ Outstanding professors and researchers
~ Select Multinational executives
 
 
EB-2 Professionals with 'advanced' degrees or exceptional ability
~ Individuals who hold an 'advanced' degree in their profession
~ Exceptional ability in the sciences, arts or business
 
 
EB-3 Skilled or professional workers
~ Professionals who hold a bachelor's degree, who do Not qualify for the EB-1 or EB-2 categories
~ Skilled workers who have a minimum of two years training and experience
~ Other workers who have less than two years training and experience 
 
*** EB-3 is typically used for, but not limited to, the following occupations:
Computing & IT, Telecoms, HealthCare, Medical, Finance, Accounting, Banking, Teaching, Legal, PR, Marketing, Advertising, Sales, Business Admin / Management and Engineering (all types).
 
 
EB-4 Special Immigrants
~ Current employees or former employees of the U.S. Government abroad
~ Religious workers who are members of a non-profit religious organization in the USA
 
 
EB-5 Immigrant Investors
~ Individuals who wish to establish a new commercial business
~ Invest in a new commercial business
~ Create new employment
 

 
 
 
EB-1 Priority workers
 
Who is Eligible
The Application Procedure

~ Individuals with 'extraordinary' ability in the sciences, arts, education, business or athletics
~ Outstanding professors and researchers
~ Select Multinational executives

Individuals with 'extraordinary' ability in the sciences, arts, education, business or athletics which have demonstrated sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation. For example, if you receive a major internationally recognized award, such as a Nobel Prize, you will qualify for an EB-1 classification. Other awards may also qualify if you can document that the award is in the same class as a Nobel Prize. Since few workers receive this type of award, alternative evidence of EB-1 classification based on at least three of the types of evidence outlined below, is permitted (If the following criteria do not apply, the worker may submit "other comparable evidence".):
 
~ Receipt of lesser nationally or internationally recognized prizes or awards for excellence;
 
~ Membership in associations in the field which demand outstanding achievement of their members;
 
~ Published material about the alien in professional or major trade publications or other major media;
 
~ Evidence that the alien has judged the work of others, either individually or on a panel;
 
~ Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;
 
~ Evidence of the alien's authorship of scholarly articles in professional or major trade publications or other major media;
 
~ Evidence that the alien's work has been displayed at artistic exhibitions or showcases;
 
~ Performance of a leading or critical role in distinguished organizations;
 
~ Evidence that the alien commands a high salary or other significantly high remuneration in relation to others in the field;
 
~ Evidence of commercial successes in the performing arts.
 
Such applicants do not have to have a specific job offer so long as they are entering the U.S. to continue work in the field in which they have extraordinary ability. Such applicants can file their own petition with the INS, rather than through an employer.
 
Outstanding Professors and Researchers who are recognized internationally for their outstanding academic achievements in a particular field. In addition, an outstanding professor or researcher must have at least three years experience in teaching or research in that academic area, and enter the U.S. in a tenure or tenure track teaching or comparable research position at a university or other institution of higher education. If the employer is a not a university or educational institution, the department, division, or institute of the private employer must employ at least three persons full time in research activities and have achieved documented accomplishments in an academic field.

Evidence that the professor or researcher is recognized as outstanding in the academic field must include documentation of at least two of the following:
 
~ Receipt of major prizes or awards for outstanding achievement;
 
~ Membership in associations that require their members to demonstrate outstanding achievements;
 
~ Published material in professional publications written by others about the alien's work in the academic field;
 
~ Participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field;
 
~ Original scientific or scholarly research contributions in the field;
 
~ Authorship of scholarly books or articles (in scholarly journals with international circulation) in the field.
 
No labor certification is required for this classification, but the prospective employer must provide a job offer and file a petition with the INS

Select Multinational Executives of foreign companies who are transferred to the U.S. may qualify. A multinational manager or executive is eligible for priority worker status if he or she has been employed outside the U.S. in the three years preceding the petition for at least one year by a firm or corporation and seeks to enter the U.S. to continue service (in a managerial or executive capacity) to that firm or organization. The employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary or the same employer as the firm, corporation or other legal entity that employed the foreign national abroad.

No labor certification is required for this classification, but the prospective employer must provide a job offer and file a petition with the INS.
 
 
Procedure
An I-140 (Petition for Alien Worker) must be filed at the BCIS Service Center that has jurisdiction over the location where you will work. The petition documents must include the required evidence and should comply with the specific filing guidelines of the Service Center. No labor certification is needed for EB-1 petitions.
While an EB-1 worker of ‘extraordinary ability’ can petition for themself, the employer must file the petition for an outstanding professor or researcher and a multinational executive or manager.
 
 
 
EB-2 Professionals with 'advanced' degrees or exceptional ability
 
Who is Eligible
The Application Procedure
 
~ Individuals who hold an 'advanced' degree in their profession
~ Exceptional ability in the sciences, arts or business

For Individuals who hold an 'advanced' degree in their profession, petitions may be filed when the job requires an advanced degree and the individual possesses such a degree or the equivalent. The petition must include documentation, such as an official academic record showing that the individual has a U.S. advanced degree (or a foreign equivalent degree), or an official academic record showing that the individual has a U.S. baccalaureate degree (or a foreign equivalent degree) and letters from employers (current or former) showing that the alien has at least 5 years of progressive post-baccalaureate experience in the specialty.

Individuals who have Exceptional ability in the sciences, arts or business must provide documentation of 3 of the following;
 
~ An official academic record showing the alien has a degree, diploma, certificate or similar award from a college, university, school or other institution of learning relating to the area of exceptional ability;
 
~ Letters documenting at least ten years of full-time experience in the occupation being sought;
 
~ A license to practice the profession or certification for a particular profession or occupation;
 
~ Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability;
 
~ Membership in professional associations;
 
~ Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.

If the above standards do not apply to the petitioner's occupation, other comparable evidence of eligibility is also acceptable.
 

The Application Procedure
An I-140 (Petition for Alien Worker) must be filed by your employer at the BCIS Service Center that has jurisdiction over the location where you will work.
 
Petitions must generally be accompanied by an approved, individual Labor Certification from the Department of Labor on Form ETA-750. Please see the Department of Labor's Employment and Training Administration for more information.

If you are a worker with exceptional ability in the sciences, arts, or business, you can apply to waive the requirement that you have a job offer if such a waiver would be in the national interest. To apply for a national interest waiver, you must submit Department of Labor Form ETA-750B. Please see the Department of Department of Labor's Employment and Training Administration for more information.
 
 
 
EB-3 Skilled or professional workers
 
Who is Eligible
The Application Procedure
 
~ Professionals who hold a bachelor's degree, who do Not qualify for the EB-1 or EB-2 categories
~ Skilled workers who have a minimum of two years training and experience
~ Other workers who have less than two years training and experience

Professionals who hold a bachelor's degree (or foreign equivalent), that is normally required for the profession. Education and experience may not be substituted for the degree.

Skilled workers who have a minimum of two years training and experience whose jobs are NOT temporary or seasonal and require at least two years of experience or training.

Other workers who are in employment that requires less than two years of higher education, training, or experience, who are performing work which qualified workers are not available in the USA.

The Application Procedure
An I-140 (Petition for Alien Worker) must be filed by your employer at the INS Service Center that has jurisdiction over the location where you will work.
 
ALL I-140 EB-3 petitions must include a Labor Certification and a Permanent Full time Job Offer. There are NO exceptions
 
 
 
EB-4 Special Immigrants
 
Who is Eligible
The Application Procedure

~ Current employees or former employees of the U.S. Government abroad
~ Religious workers who are members of a non-profit religious organization in the USA

Current employees or former employees of the U.S. Government abroad which can include; slect overseas U.S. Government employees, Former employees of the Panama Canal Company, select retired employees of international organizations, Select dependents of international organization employees, select members of the U.S. Armed Forces

Religious workers who are members of a non-profit religious organization in the USA must have been a member of this religious denomination for at least two years before applying for admission to the United States, and must be entering to work as;
 
~ As a minister or priest of the religious denomination
 
~ In a professional capacity in a religious vocation or occupation for the religious organization (a professional capacity means that a U.S. baccalaureate degree or foreign equivalent is required to do this job)
 
~ In a religious vocation or occupation for the religious organization or its nonprofit affiliate. (A religious vocation means a calling or devotion to religious life. Taking vows can prove that you have a calling to religious life. A religious occupation is an activity devoted to traditional religious functions. Examples of religious occupations include (but are not limited to) cantors, missionaries, and religious instructors.)

You must have been performing this religious work for the past two years. For more specific eligibility information, please see 8 CFR § 204.5

The Application Procedure
Current or former employees of the US Govt abroad must be the beneficiary of, and Religious workers or their employers must submit INS Form I-360 (Petition for Amerasian, Widow(er), or Special immigrant). The application must be filed at the INS Regional Service Center that serves the area where you will work. You must also submit:

~ Proof that the religious organization qualifies as a non-profit organization
 
~ A letter from an official of the religious organization in the United States:
The letter should establish that you have been a member of the denomination for two years, and that you have at least two years of experience in your religious vocation or occupation.
If you are a minister, the letter should establish that you have been authorized to perform religious duties in general and should specify which duties you are authorized to perform.
If you are a religious professional, the letter should establish that you have a United States baccalaureate degree or the foreign equivalent that is required for your religious profession. You must also submit an official academic record.

If you are applying to work in the United States in another religious vocation or occupation, the letter should establish that you are qualified to work in that religious vocation or occupation. For instance, if you are applying to work as a nun or a monk, you would need to provide evidence that you are a nun or a monk.
 
If you are applying to work in the United States in a non-ministerial or non-professional capacity for a religious organization affiliated with a religious denomination, the letter should establish how the religious organization is affiliated with the denomination.
 
The letter should also detail how you will be carrying on the work of a minister, or how you will be paid if you are working in a professional or other religious capacity. The letter should indicate that you will not be dependent upon supplementary income (from a second job) or charity (funds solicited for your support).
 
 
 
EB-5 Immigrant Investors
 
Who is Eligible
The Application Procedure

~ Individuals who wish to establish a new commercial business
~ Invest in a new commercial business
~ Create new employment

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