U.S. immigration law provides foreign nationals with ways to become lawful permanent residents (get a Green Card) through employment in the U.S. Every year, 140,000 employment-based green cards are awarded. Nine thousand eight hundred of these green cards are allocated to every country, regardless of the number of applicants or the country’s total population.
Employment-based (EB) “preference immigrant” categories include:
- First preference (EB-1) – priority workers category which includes persons with extraordinary ability in the fields of sciences, arts, education, business, sports, or athletics; outstanding professors and researchers (priority is given to internationally recognized persons who contributed to innovations in their field of study); or certain executives and managers of multinational corporations. EB-1 has a quota of 28.6 percent of total employment-based immigration, and each country has an allocation equivalent to roughly 2,800 individuals annually.
- Second preference (EB-2) – foreign nationals who are members of the professions holding advanced degrees and five years of work experience OR who have exceptional ability in the science, art, or business fields based on achievements or peer recognition (above average skills including those which have the potential to benefit the U.S. national interest from an educational or cultural standpoint). EB-2 also has a quota of 28.6 percent, which is equivalent to 2,802 people per country.
- Third preference (EB-3) – skilled workers, professionals, or other workers. It includes skilled workers with a minimum of two years of training or experience, and individuals with undergraduate degrees or vocational training. EB-3 also includes unskilled workers with experience that is not readily available in the U.S. EB-3 also has a quota of 28.6 percent of workers. This type of visa is quite competitive and has the most number of applicants because its requirements are less stringent.
- Fourth preference (EB-4) is for special immigrants. The following special immigrants are eligible under this category: religious workers who are affiliated with a nonprofit organization in the U.S., international employees of the U.S. Government abroad, Special Immigrant Juveniles, Broadcasters, G-4 International Organization or NATO-6 Employees and Their Family Members, Armed Forces Members, Panama Canal Zone Employees, Certain Physicians, Afghan and Iraqi Translators, Afghan and Iraqi Nationals Who Have Provided Faith Service in Support of U.S. Operations. EB-4 has a quota of 7.1 percent of total employment-based immigration, which amounts to every country having an allocation of 695 people.
- EB-5 – Investors (employment creation category). Under EB-5 Program, entrepreneurs (and their spouses and unmarried children under 21) are eligible to apply for a Green Card if they: make the necessary investment in a commercial enterprise in the U.S. (intend to invest more than $1,000,000) and plan to create ten permanent full-time jobs in the U.S. In certain situations, the amount of the investment has been revised to $500,000 and five full-time jobs. The quota for EB-5 is 7.1 percent of total employment-based immigration, which amounts to 695 people per country.
NOTICE: The information contained on this site is intended to educate the general public and is not intended to provide legal advice. To ensure proper handling of your individual situation, please contact Attorney Starchak at info@starchaklawfirm.com or call (720) 282-9654.