EMPLOYMENT BASED PERMANENT RESIDENCE PETITIONS
EB1: Priority workers – a minimum of up to 28.6 percent of worldwide level of visa is allocated to this category
1. Foreign nationals with extraordinary ability in the sciences, arts, education, business, or athletics who continue work in the area of extraordinary ability, and their work in the United States will substantially benefit the country in future
- Extraordinary ability must be demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation,
- Physicians willing to work for public interest, in medically underserved areas or at a health care facility associated with Veterans Affairs Administration can benefit from this provision.
2. Foreign national professors and researchers with outstanding ability and of international reputation, coming to the United States, – minimum 3 years of experience as such professor or researcher is a prerequisite.
- for a tenure track position to teach at a university or other institutions of higher education
- for a researchers or comparable position with a University or other institutions of higher education or with a private employer at its reputable research facility.
3. Multinational executives and managers. If in the last three years you were employed for at least 1 year by an entity or its affiliate or subsidiary and you would like to come to the United States to work for the same employer, its subsidiary or affiliate as its manager or executive.
EB2: Exceptional Ability or Advanced Degree Professionals - a minimum of up to 28.6 percent of worldwide level of visa is allocated to this category.
Professionals with advanced or its equivalent degree or with exceptional ability in science, arts or business that would benefit United States having an employment offer in the United States. Labor Certification is requried unless a waiver is granted i.e. National interest waiver.
- National Interest Waiver - employment offer from a U.S. employer can be waived in the National Interest.
EB3: Skilled and other workers & professionals - a minimum of up to 28.6 percent of worldwide level of visa is allocated to this category.
- Work should not be of temporary or seasonal nature,- at least 2 years training or experience and prime requisite is Labor Certification.
EB5: Investors - entreprenuers investing $ 1 million or $500K in a targeted employment area (TEA), in a new business employing 10 workers are eligible for permanent residence. This money should be placed at risk in a viable business.
- Upon approval the investor receives a two-year conditional greencard. Conditional status is removed and regular permanent resiednce status with a ten year green card is granted when USCIS determins that the investment created 10 jobs and the business is doing well.
- Conditional permanent resident must apply towards the end of the two years for removal of condition.
- This permanent residence category is targeted to draw in risk taking people and explains why it carries burdensome requirements.
