Apply for green card or US residence

EMPLOYMENT BASED GREEN CARDS

Employment based Green Cards are green cards for employees sponsored by U.S. companies.

U.S. immigration law provides foreign nationals with different ways to obtain a green card. One of the is through an employer in the U.S.  The term “EB” stands for “employment based” gren card category.

Our immigration attorneys are well versed in all immigrant categories and can help you achieve your immigration goals. If you are an employer or an individual, please keep reading to learn more about how to apply for a green card. Below you will find the different categories of employment based green cards available under the law.

Employment Based Green Cards

Employment based green cards are available for foreign nationals who have been sponsed by a US company. The employee may bring their spouse and children under 21 as green card holders.

Can a foreign employee obtain a green card?

Yes. Green card are available for people born outside of the U.S. when sposored by a U.S. employer.

As a U.S. employer can I hire a foreign employee?

Yes, Immigration law allows employers to hire foreign born emplyees under a number of circumstances.   These categories require business owners to act as a “sponsor” for the foreign national’s permanent residence.

Who can I hire?

You may hire any foreign national as long as the person is willing, available and qualified to do the job. With the help of an immigration attorney, employers may sponsor any eligible foreign nationals In the following employment categories:

EB-1, EB-2 and EB-3: Permanent Workers

EB-1, EB-2 and EB-3 are employment based green card categories available for:

A) Foreign nationals with extraordinary ability in the sciences, arts, education, business, or athletics;

B) Outstanding professors and researchers; or

C) Certain multinational managers and executive

USCIS provides the public with general information on the employment based categories. https://www.uscis.gov/green-card/employment-based.

Below are listed the sub-categories under EB-1

You may be eligible for an EB-1 employment-based green card if you have an extraordinary ability, are an outstanding professor or researcher, or are a multinational executive or manager.

Each sub-category has requirements that must be met:

A) Extraordinary Ability

The application must demonstrate your extraordinary ability in the sciences, arts, education, business, or athletics. The ability should be sustained through national or international acclaim. Your achievements must be recognized in your field through extensive evidence and documentation. No offer of employment is required and you may self-petition.

B) Outstanding professors and researchers

Applicant must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years of experience in teaching or research in that academic area. You must be entering the U.S. in order to pursue tenure or tenure track teaching or comparable research position at a university or other institution of higher education.

C) Multinational manager or executive

You must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation. Additionally, you must be seeking to enter the U.S. to continue service to that firm or organization. Your employment must have been outside the U.S. in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.

In addition, employers most often need to obtain a labor certification from the U.S. Department of Labor. The purpose of the certification is for the government to verify that the admission of a foreign employee to the U.S. will not harm job opportunities available to U.S. workers.

Each category has a different process for the applicant:

EB-1A

You may petition yourself without and employer sponsor.  No Labor Certification from the Department of Labor is necessary.

EB-1B

The applicant must have a job offer.  The employers submit the Form I-140 Petition on the foreign national’s behalf.  No Labor Certification from the Department of Labor is required.

EB-1C

Applicant must have the employer, or the company, submit the Form I-140 Petition for Alien Worker on the foreign national’s behalf.  No Labor Certification from the Department of labor is necessary.

If you have any questions about the EB immigrant visa categories, call us today to schedule an initial consultation at (407) 818-1244 or send us a message here

The immigration lawyers at Terra Immigration can help.

EB-2: Permanent Workers and National Interest Waiver

The EB2 category is for:

  • Foreign nationals who are members of the professions holding advanced degrees; or
  • Who have an exceptional ability in the sciences, arts, business, education, etc.

What is the EB-2 category?

It is an employment based category that leads to a green card for members of a profession that hold an advanced degree or the equivalent. Also available for people with an exceptional ability.

Generally, you must have a permanent job offer to qualify and the employer needs to obtain a labor certification from the U.S. Department of Labor. The purpose of the certification is for the government to verify that the admission of a foreign employee to the U.S. will not harm job opportunities available to U.S. workers.

Additionally, with the EB-2 category you can request a National Interest Waiver. The waiver if approved will spare the need for an employer/sponsor.  You can self-petition based on your own academic credentials and professional background.

What are the EB-2 requirements?

The EB-2 occupational requirements are

1. Professional with an Advanced Degree

Applicants qualify if the work that will be performed in the U.S. requires an advanced degree. You can qualify for this category if you have an advanced degree, or the equivalent (a baccalaureate degree plus 5 years of progressive work experience in the specific field).

2. Person with Exceptional Ability

Applicant must be able to show an exceptional ability in the sciences, arts, or business. This means that you have a degree of expertise significantly above the one ordinarily found in the sciences, arts, or business.

What is National Interest Waiver?

Applicants seeking a national interest waiver request USCIS to waive the requirement for the labor certification from the U.S. Department of Labor. The waiver is granted since it is in the national interest of the U.S. Interestigly enough, the jobs that qualify for a national interest waiver are not defined by statute. The waivers are usually granted to those who have exceptional ability and whose employment in the U.S. would greatly benefit this nation. If you are seeking a national interest waiver, you may petition yourself, meaning you do not need an employer to sponsor you.

Therefore, if you have exceptional abilities in your field, the U.S. wants you. These petitions are tedious, they require extensive documentation, and a very persuasive legal argument. You should hire an experienced immigration attorney that can help you apply for this green card and get you the right results the first time.

What kind of documents do I need for the EB-2?

For an EB-2 category you will need evidence and documents proving at least 3 items of the following 6 items:

  • An official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability.
  • Several letters or recommendation from current and/or previous employers. The letters should refelct at least 10 years of full-time experience in your specific field.
  • A license or certification to practice your profession or occupation.
  • Documents showing that you currently have a salary or other form of remuneration that refelect your exceptional ability.
  • Membership in professional associations.
  • Evidence showing your recognition for your achievements and significant contributions to your field of expertise. The letters should come from your peers, government entities, other professional or business organizations.

In other words, an EB-2 application under national interest waiver is complex.  An immigration lawyer can evaluate your qualifications and assess your chances of success.

Contact Us:

If you have any questions about the employment-based immigrant visa categories, call us today to schedule an initial consultation at (407) 818-1244 or send us a message here

Terra Immigration can help.

EB-3: Permanent Skilled and Unskilled Workers

The EB-3 category is an employment based category available for: 

    • Skilled workers
    • Professional workers
    • Unskilled workers

What is the EB-3 category?

You may be eligible for this immigrant visa category if you are a skilled worker, professional, or other worker. “Skilled workers” are persons whose job requires a minimum of 2 years of training or work experience (not of a temporary or seasonal nature). “Professionals” are persons whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and are members of the professions. The “other workers” subcategory is for persons performing unskilled labor requiring less than 2 years of training or experience and not of a temporary or seasonal nature.

You must have a permanent job offer to qualify and the employer needs to obtain a certification from the U.S. Department of Labor. The purpose of the certification is for the government to verify that the admission of a foreign employee to the U.S. will not harm job opportunities available to U.S. workers.

Skilled Workers

You must be able to demonstrate at least 2 years of job experience or training. You must be performing work for which qualified workers are not available in the United States.

Professionals

Examples of professionals are architects, engineers, lawyers, doctors, surgeons, elementary or secondary teachers, university professors, academics or seminarians. You must be able to demonstrate that you possess a U.S. baccalaureate degree or foreign equivalent. Additionally, show that the baccalaureate degree is the standard required for entry into the occupation. You must be performing work for which qualified workers are not available in the U.S. The education and experience may not be substituted for a baccalaureate degree.

Unskilled Workers

You must be able to perform unskilled labor. Unskilled labor requires less than 2 years of training or experience, and that is not of a temporary or seasonal nature. Qualified workers must not be available in the U.S.

If you have any questions about the employment-based immigrant visa categories, call us today to schedule an initial consultation at (407) 818-1244 or send us a message here

Terra Immigration can help.

EB-4: Permanent Religious Worker

The EB-4 is an employment based green card category for:

  • Religious workers
  • Special Immigrant Juveniles
  • Other categories of Special Immigrants

You may be eligible for this category if you are a religious worker.  If so, you may immigrate to the U.S. as a minister or non-minister in religious vocations and occupations to perform religious work in a full-time paid position.

To qualify as a religious worker, you must prove that you:

  1. Have been a member of a religious denomination that has a bona fide non-profit religious organization in the U.S. Additionally, you must have worked there for at least 2 years immediately before the submission of the petition with USCIS.
  2. Seek to enter the United States to work in a full timecompensated position in one of the following occupations:
    • Solely as a minister of that religious denomination;
    • A religious vocation either in a professional or nonprofessional capacity; or
    • A religious occupation either in a professional or nonprofessional capacity.
  3. Are coming to work for either, a bona fide non-profit religious organization in the U.S.; or a bona fide organization that is affiliated with the religious denomination in the U.S.

Furthermore, you must have been working continously in one of the positions described above after the age of 14, either abroad or in the U.S. The work must have been continuous for at least 2 years immediately before the filing of the petition with USCIS. The prior religious work does not have to correspond precisely to the type of work to be performed. A break in the continuity of the work during the preceding two years will not affect eligibility if you (a) were still employed as a religious worker, (b) the break did not exceed 2 years; and (c) the nature of the break was for further religious training or for a sabbatical.

However, you must have been a member of the U.S employer’s denomination throughout the 2 years of qualifying employment.

In conclusion, there are many requirements to comply with before applying for the category.

If you have any questions about the employment-based immigrant visa categories, call us today to schedule an initial consultation at (407) 818-1244 or send us a message here

Terra Immigration can help.

EB-5 Immigrant Investor Program

Investor’s visa EB-5 employment based green card category.

What is an EB-5 category?

The EB-5 category is for people that invest in the U.S. and their contribution to the U.S. economy allows them to obtain a green card. The investment amount can be either $900,000 or $1,800,000 in a commercial enterprise in the U.S. The investor must also plan to create and preserve 10 permanent full-time jobs for U.S. workers.

Why there are two investment amounts?

You can choose between a $900,000 investment in a “Regional Center” or a $1.8 million USD investment of your choice.

If you are an investor, you can qualify for a U.S. Permanent Residence through the EB-5 Immigrant Investor Program.  To do so, you must invest in a commercial enterprise in the U.S. and create economic movement through ten permanent full-time jobs.

What is a Regional Center?

Regional Centers are legal entities, approved by USCIS (United States Citizenship and Immigration Services) to allow foreign investors to qualify for a permanent residence.  Regional Centers focus on areas in the U.S. where they seek to promote economic growth through new jobs, economic activity, export sales, and development

Therefore, investment through a Regional Center allows you to qualify for an EB Green Card without the constraints of having to set up and operate a U.S. business.  This option also allows you to live  or work anywhere in the United States or retire.

What is the EB-5 Application Process?

The application process begins with our attorneys helping our clients choose a Regional Center.  Once the investment money is secured, our office prepares a Form I-526 petition, along with the preparation of all the supporting evidence that accompanies the application and submits it to USCIS. It is crucial for the Form I-526 petition approval that the investment funds were legally obtained.  The Regional Center is responsible for providing all relevant information regarding the Investment Project to you and the immigration attorneys.

What is the current processing times?

The adjudication of the Form I-526 petition by USCIS currently takes approximately 12-18 months.  The time varies depending on the number of pending applications with USCIS.

Do I get a 2-year conditional permanent residence?

Yes, once the Form I-526 is approved, investors can adjust their status to permanent residents if the investor is living in the United States. if the investor is living abroad, can obtain the green card approval through the U.S. consulate/Embassy. At the end of one of these two processes, the foreign investor obtains a 2-year conditional permanent residence card.

How do I remove the conditions of the green card?

During the final 90 days of the 2-year conditional residence, the investor must file Form I-829, Petition by Entrepreneur to Remove Conditions.  Our attorneys will present proof that you, the investor complied with the legal requirements. Additionally, that your business or the Regional Center created at least ten jobs as required. The petition process is currently taking approximately 18 months for adjudication.

Do I have to do due diligence?

Yes. Our office encourages investors to conduct their own due diligence of the investment project prior to making an investment.  Investors should understand in great detail how the Regional Center of their choice works.  We assist our clients during the entire process to ensure that the investment is managed with the least risk possible.

Where I can get investment options?

Call Terra Immigration-Immigration Attorneys to obtain information on investment opporunities in Florida, USA

If you have any questions about the EB immigrant category, call us today to schedule an initial consultation at (407) 818-1244 or send us a message here

Terra Immigration can help.

Frequently asked questions

Can my immediate family also obtain a Green Card?

Yes. Any of the EB (Employment Based) categories allow for the immediate family members to obtain a green card. Your spouse and children under the age of 21 may be admitted to the United States. The investor and the family may also apply for an Employment Authorization Document (EAD). The EAD  can be obtained during the application process when applying form the U.S.

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