United States of America
Employment Based Green Cards
An employment-based Green Card offers permanent residency in the United States for individuals with specific skills, qualifications, or investments. This type of Green Card allows you to live, work, and enjoy many benefits available to U.S. citizens. If you possess exceptional skills, advanced education, or business acumen, you may qualify under one of the following EB visa categories:
1. USA EB-1 Visa (First Preference)
This category is reserved for individuals with extraordinary abilities, including:
- Multinational executives or managers
- Highly accomplished professors or researchers in science, education, or business
- Renowned artists, athletes, or scientists with significant contributions to their field
Eligibility Criteria:
- Published articles in international journals
- International recognition for achievements
- Experience supervising or judging the work of others in the field
2. USA EB-2 Visa (Second Preference)
This category is for individuals with advanced degrees or exceptional abilities in fields such as science, medicine, education, and business.
Eligibility Criteria:
- Master’s degree or higher (or equivalent qualifications)
- Minimum of 10 years of relevant experience
- Certifications, licenses, and professional memberships
- Proven contributions that benefit the U.S. economy or society
3. USA EB-3 Visa (Third Preference)
This category covers skilled workers, professionals, and unskilled workers who meet specific employment criteria.
Eligibility Criteria:
- Skilled Workers: Minimum of 2 years of experience in a specialized field
- Professionals: Bachelor’s degree or equivalent
- Unskilled Workers: Less than 2 years of experience with relevant training and certification
Applicants must meet educational or experience requirements and often need sponsorship from a U.S. employer.
4. USA EB-4 Visa (Fourth Preference)
The EB-4 category applies to special immigrants, including:
- Religious workers
- Foreign service employees
- NATO-6 employees and their families
- Members of the U.S. Armed Forces
- Afghan and Iraqi translators who have worked with the U.S. government
- Juvenile immigrants and employees from the Panama Canal Zone
Family members of EB-4 applicants may also be eligible by submitting the required documents.
5. USA EB-5 Visa (Fifth Preference)
This category is for investors who make significant financial contributions to the U.S. economy.
Eligibility Criteria:
- Investment of $1.8 million in a business or project
- Reduced investment of $900,000 for projects in Targeted Employment Areas (TEAs), which include rural areas or regions with high unemployment
- Investments must create or sustain at least 10 full-time jobs for U.S. workers
Investment amounts are periodically adjusted based on economic factors like the Consumer Price Index (CPI).
Application Process for Employment-Based Green Card (EB Visas)
The Employment-Based (EB) Green Card process offers a pathway to permanent residency in the United States. The process varies slightly depending on the applicant’s category, current status, and whether they are applying from within the U.S. Here is a step-by-step guide:
I. Application Process for EB Green Card
1. Extraordinary Ability (EB-1) Applicants
- Self-Petition: Individuals with extraordinary abilities can file Form I-140 (Immigrant Petition for Alien Worker) on their own behalf.
2. Outstanding Professors, Researchers, and Multinational Executives/Managers
- Employer Petition: Your U.S. employer must file Form I-140 for you.
- Employer Requirements: The employer must provide evidence of financial ability to pay the offered wage, including tax records or financial statements.
3. Labor Certification Requirement
For EB-2 and EB-3 categories, a labor certification (Form ETA-9089) approved by the U.S. Department of Labor is required. This ensures no qualified U.S. workers are available for the position. The petition is then submitted to the U.S. Citizenship and Immigration Services (USCIS).
II. If You Are Residing in the United States
To apply for a Green Card under EB-1, EB-2, or EB-3 categories while residing in the U.S., you need to:
- Have an approved Form I-140 filed on your behalf.
- Submit Form I-485 (Application to Register Permanent Residence or Adjust Status) while being physically present in the U.S.
- Be inspected and admitted into the U.S. and deemed eligible by USCIS.
- Ensure an immigrant visa is available when filing Form I-485.
III. Required Documents for Principal Applicants
As the beneficiary of Form I-140 (Principal Applicant), you must provide the following:
- Form I-485 (Application to Register Permanent Residence or Adjust Status)
- Form I-797 (Approval or Receipt Notice for Form I-140)
- Form I-485 Supplement J (Confirmation of the job offer in Form I-140)
- Signed Statement (For self-petitioners, confirming intent to work in the specified occupation)
- Two passport-size photos
- Government-issued ID with photo
- Birth certificate
- Valid passport page
- Visa stamp (Issued by a U.S. immigration officer)
- Form I-94 (Arrival/Departure Record)
- Proof of Lawful Status (Showing you maintained legal status)
- Form I-864 (Affidavit of Support, if your Form I-140 is filed by a relative)
- Form I-693 (Medical Examination and Vaccination Record)
- Certified Police and Court Records (For any criminal charges, arrests, or convictions)
- Form I-601 (Waiver of Grounds of Inadmissibility, if applicable)
Note: Filing fees apply for Form I-485 and other related forms. Visit the USCIS Filing Fees and Fee Schedule for accurate fee details.
IV. Derivative Applicants (Family Members)
Spouses and children of the principal applicant (derivative applicants) need to provide:
- Form I-485 (Application to Register Permanent Residence or Adjust Status)
- Proof of Relationship (Marriage certificate, birth certificate, or adoption documents)
- Form I-797 (Approval or Receipt Notice for Form I-140)
- Two passport-size photos
- Government-issued ID with photo
- Birth certificate
- Valid passport page
- Form I-94 (Arrival/Departure Record)
- Proof of Lawful Status (Or eligibility under INA 245(k))
- Form I-864 (Affidavit of Support, if applicable)
- Form I-693 (Medical Examination and Vaccination Record)
- Certified Police and Court Records (If applicable)
- Form I-212 (Permission to Reapply After Deportation or Removal, if applicable)
Additional Forms for Special Cases:
- Form I-508: Waiver for applicants with A, G, or E non-immigrant status
- Form I-508F: Required for French nationals with A, G, or E status
- Form I-566: For applicants with NATO status
Key References
- Instructions for Form I-864 (PDF, 296 KB)
- www.cbp.gov/I94
- Form I-485, Application to Register Permanent Residence or Adjust Status
- INA 203(b)(1)-(3) – Preference Allocation for Employment-Based Immigrants
- INA 212(a) – Classes of Aliens Ineligible for Visas or Admission
- INA 245 – Adjustment of Status of Non-immigrant to that of a Person Admitted for Permanent Residence
- 8 CFR 245 – Adjustment of Status to that of a Person Admitted for Permanent Residence
- USCIS Policy Manual, Volume 7, Part A, Adjustment of Status Policies and Procedures
- USCIS Policy Manual, Volume 7, Part B, 245(a) Adjustment
- USCIS Policy Manual Volume 8, Admissibility
- USCIS Policy Manual Volume 9, Waivers
How Emmigranz Can Assist You
- Program Assessment: We conduct a comprehensive Startup Visa Program assessment to evaluate your eligibility.
- Expert Guidance: Our experienced team will assist you in preparing your business proposal, securing commitments from designated entities, and navigating the visa application process.
- Document Preparation: We ensure that all your documents meet the required standards and are submitted on time.
- Ongoing Support: From initial consultation to obtaining your Letter of Support and beyond, Emmigranz provides continuous support to facilitate your successful immigration to USA.
United States of America
Immigration Programs
Employment-Based Green Card
Secure permanent residency in the U.S. through an employment-based Green Card, granting long-term residence and access to various benefits.
Student Visa
The U.S. offers student visas for international learners to pursue education or exchange programs, enabling temporary stays for academic purposes.
Visit Visa
Explore the U.S. with a visit visa, ideal for tourism, business, or cultural experiences in this diverse and dynamic nation.
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