Employment-based Prefererences

EB-5 (Investment by Alien Entrepreneur)

An investor can either get a green card alone or with the spouse and unmarried minor children. Alien must have either already invested or actively in the process of investing the required amount of capital into a new commercial enterprise established by them. It must further be demonstrated that the investment will benefit the U.S. economy and create the requisite number of full-time jobs for qualified persons within the U.S.

EB-1 Type

  • EB-1A (Alien of Extraordinary Ability)

Alien with extraordinary ability are those with "extraordinary ability in the science, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation".

  • EB-1B (Outstanding Professors/ Researchers)

Outstanding professors and researchers must be recognized internationally for their outstanding academic achievements in a particular field. they must have at least 3 years experiences 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. Temporary research positions don't qualify. The employer can also be a private company if they employ at least 3 person full time in research activities and have achieved documented accomplishments in an academic field.

  • EB-1C (Multinational Managers/ Executives)

Some executives or managers of multinational companies who are transferred to the U.S. may qualify for this classification. There are strict definitions of executives and managers. These executives and high-level managers must be responsible for directing the company or an important department or component of the company. 

EB-2

  • EB-2 (Advanced Degree)

the applicant is seeking employment in the United States that requires an advanced degree (or equivalent, e.g. a baccalaureate degree plus 5 years progressive experience in the field) and they have the required qualifications.

  • EB-2 (Exceptional Ability)

Must be able to prove exceptional ability in their area (arts or sciences, business, medicine, or athletics).

Exceptional ability is defined as “significantly above that normally encountered.” Evidence is required that meets at least three of seven criteria set by USCIS, which may include: academic records, professional licenses, recognition in the particular field, letters that attest to the beneficiary’s experience, professional association memberships, or exceptional salary.

EB-4 (Special Immigrant & Religious Workers)

To qualify as an EB-4 special immigrant religious worker, the alien must a member of a religious denomination that has a non-profit religious organization in the U.S. Alien must have been a member of religious denomination for at least years before applying for admission to the U.S. Alien must have been carrying on the vocation, professional work, continuously for past two years. Alien's past work in the position must be full time and compensated. Volunteer work does not count.

PERM Labor Certification

PERM stands for Program Electronic Review Management and replaces the earlier regular and Reduction in Recruitment (RIR) methods for getting labor certification. All labor certifications filed on after March 28, 2005 must be filed under PERM.

NIW (National Interest Waiver)

National Interest Waiver can be applied by an alien for green card in EB-2 category  and seek a waiver of labor certification by establishing that his/her admission to permanent residence in the U.S. will be in the national interest.

Others

  • Adjustment of Status
  • Consular Processing
  • Advance Parole
  • Travel Documents
  • Work Permit
  • Reentry Permit
  • I-140 &I-485 Filing