Employment-Based Green Cards

Employment-Based Immigration/Green Cards

There are various ways for a company to sponsor a worker for permanent residency (“green card”) or for a worker to obtain one individually.  Our firm helps both companies and employees navigate this complex process.  Here are the ways to obtain permanent residency under our immigration system.

EB-1 Category – This covers 3 categories of potential immigrants. These individuals do not have to go through the PERM labor certification process.

• Persons of Extraordinary Ability – This category is for people with (1) extraordinary ability in sciences, 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; (2) who seek entry to continue work in the area of extraordinary ability; and (3) whose entry will substantially benefit the United States. 

In this category, the individual doesn’t need an employer to sponsor him or her, but it is a very high standard.  The individual will have to prove that they have risen to the very top percentage in their field through objective documentation from recognized experts in their field.

• Outstanding Researchers and Professors– This category is for people who (1) are recognized internationally as outstanding in a specific academic area; (2) have 3 years experience in teaching or research in the academic area; and (3) who seek entry for (a) a tenure teaching position, (b) a comparable position at a university or institute of higher education to conduct research, or (c) a comparable position to conduct research with a private employer if it employs at least 3 persons full-time in research activities and the department or institution has achieved documented accomplishments in the academic field.

In this category, the individual needs an employer to sponsor him or her, but it is a very high standard.  The individual will have to prove that they have risen to the very top percentage in their field through objective documentation from recognized experts in their field.  However, the legal standard is slightly lower than the EB-1 Extraordinary Ability category.  Regardless, extensive documentation proving that the researcher is outstanding or has international acclaim is required by the USCIS.

• Multinational Executives and Managers– This category is for people who (1) are employed for one year in the last three years by a firm or corporation or other legal entity or an affiliate or subsidiary of a United States company; and (2) who seek entry in order to continue to render services to the same employer or to a subsidiary or affiliate in a capacity that is managerial or executive in nature.

In this category, the individual will require employer sponsorship.  In addition, the USCIS has embraced a very extreme definition of who qualifies as an executive or manager in recent years.  Just because you hold L-1A status as an executive or manager does not automatically mean you will get your green card approved under this category.  A good review of your case by a qualified attorney is required.

EB-2 (Advanced Degree and NIW) – This is for members of professions who hold advanced degrees or their equivalent, or who because of their exceptional ability in the sciences, arts or business will substantially benefit the national economy, cultural or educational interests, or welfare of the United States and whose services are sought by an employer in the United States.  People in this category must have a job offer and a labor certification.  The USCIS will waive the requirement of obtaining a labor certification for aliens who prove that their entry is in the United States national interest. This is commonly referred to as the national interest waiver (NIW), and the NIW isn’t only limited to scientists and researchers.  Even business people with significant accomplishments in the field of business can qualify.

EB-3 (Professionals and Skilled Workers) – Applies to (1) people who hold a baccalaureate degree and who are members of a profession; or (2) people who seek entry in a full-time permanent job requiring at least two years of training or experience; or (3) people who seek entry as workers with less than two years of training or experience.

EB-4 (Special Immigrants) – People who seek entry as Special Immigrants.  This category is often used by religious workers who (1) for at least two years immediately preceding the time of application have been members of a religious denomination having a bona fide, nonprofit, religious organization in the United States, (2) seek entry to the United  States solely to carry on their vocation as a minister, and (3) have been carrying on such  vocation, professional work or other work continuously for at least a two year period.

EB-5 (Investors) – This is a green card option for foreign investors who want to invest $1.8 million or $900,000 (in a targeted employment area) into a new commercial enterprise that creates at least 10 full-time jobs for U.S. workers.  

Investors who use this category to obtain permanent residency either invest directly in private businesses or in Regional Centers.  This is also a good option for people who hold E-2 investor status to try get permanent residency through the EB-5 program, assuming they can meet the investment and job creation requirements.

If you are interested in sponsoring your employee for permanent residency, you should consult with an experienced employment immigration attorney who can help you. Contact us at Bashyam Global LLP to schedule the consultation today.