1. What are the five employment-based preference categories?

1. Priority Workers (EB-1)
2. Professionals with Advanced Degrees or Exceptional Ability (EB-2)
3. Skilled Workers, Professionals, and Unskilled Workers (EB-3)
4. “Special Immigrants” (EB-4)
5. Employment Creation: Investors and Certain Special Immigrants (EB-5)

2. How do I submit an I-140 immigrant petition for an employment-based green card?

To submit an I-140 immigrant petition for an employment-based green card, you must file Form I-140, Immigrant Petition for Alien Worker, with the U.S. Citizenship and Immigration Services (USCIS). You must include all applicable supporting documents, such as evidence that the job offered is a permanent full-time position in the U.S. and evidence of the foreign worker’s qualifications. The petition must also be accompanied by the appropriate filing fee. After filing Form I-140, you will receive a receipt notice from USCIS.

3. What is the minimum qualifying job requirement for the first preference category (EB-1)?

The minimum qualifying job requirement for the first preference category (EB-1) is that the job must qualify as “extraordinary ability,” “outstanding professor or researcher,” or “executive or manager of a multinational corporation”.

4. What types of professionals qualify for the third preference category (EB-3)?

The third preference category (EB-3) includes professionals, skilled workers, and other workers. Professionals include individuals with a U.S. bachelor’s degree or foreign equivalent degree, who are a member of a profession. Skilled workers include individuals with at least two years of training or experience that is not of a temporary or seasonal nature. Other workers include individuals capable of filling positions for which qualified workers are not available in the U.S.

5. Are there any other benefits to filing an application in the second preference category (EB-2)?

Yes, there are other potential benefits to filing an application in the second preference category (EB-2). These benefits include:

1. More visas available than for the first preference category (EB-1).

2. Less impact on the job market due to the minimum education requirement.

3. Potential for faster processing times due to the lower demand.

4. A more relaxed standard of proof for demonstrating qualifications and experience for certain professions.

5. Increased flexibility when it comes to filing petitions for foreign nationals in certain occupations.

6. How long does it take to get an employment-based green card?

The timeline for obtaining an employment-based green card can vary depending on the individual’s particular circumstances. Generally speaking, the process can take anywhere from 3 to 6 months from the filing of the initial application to the interviewing stage. It can take another 6 to 12 months before the green card is actually issued.

7. What are the requirements to obtain an employment-based green card through the fifth preference category (EB-5)?

To obtain an employment-based green card through the fifth preference category (EB-5), an individual must invest a minimum of $900,000 in a new commercial enterprise that will create or preserve at least 10 full-time jobs for U.S. workers. This investment must be considered “at-risk” and must be maintained for a period of at least two years. Additionally, the individual must demonstrate that their investment capital was obtained through lawful means.

8. How do I apply for a national interest waiver under the second preference category (EB-2)?

To apply for a national interest waiver under the second preference category (EB-2), you must submit a Form I-140, Petition for Alien Worker, to U.S. Citizenship and Immigration Services (USCIS). You must also submit evidence to support your request for a national interest waiver, such as proof of qualifications, experience, and any other supportive documents. The USCIS may require additional evidence or information to evaluate your request.

9. What is the priority date and how does it affect my eligibility for an employment-based green card?

The priority date is the date when a foreign worker’s labor certification application was filed with the U.S. Department of Labor or their immigrant visa petition was filed with the U.S. Citizenship and Immigration Services. This date is important because it determines the order in which visa numbers are released to individuals who are eligible for an employment-based green card. Those with earlier priority dates are usually eligible for a green card before those with later priority dates, so it is important to try to obtain an earlier priority date in order to maximize chances of obtaining an employment-based green card.

10. Are there any filing fees associated with filing an application in the fourth preference category (EB-4)?

Yes, there are filing fees associated with filing an application in the fourth preference category (EB-4). The filing fee for the Form I-140 Immigrant Petition for Alien Worker is $700. For certain applicants, an additional $700 fee may also be required.

11. What documentation is required to file a petition in the first preference category (EB-1)?

In order to file a petition in the first preference category (EB-1), the following documentation is typically required:

1. Evidence of extraordinary ability, including:

-Awards or other recognition of excellence in a field;
-Membership in associations that require outstanding achievement;
-Published material about you in professional or major trade publications;
-Evidence that you have served as a judge of others’ work in the same or related field;
-Evidence of original scientific, scholarly, or artistic contributions;
2. An employer’s labor certification or statement of intent to file;
3. A copy of your passport and other identification documents;
4. Two passport-sized photos;
5. The appropriate filing fee;
6. Form I-140 Petition for Alien Worker; and
7. Other supporting documentation as needed.

12. Are there any jobs that do not qualify for an employment-based green card?

Yes. Certain job categories, such as seasonal and temporary jobs, do not qualify for an employment-based green card. Additionally, jobs requiring a special license or which are limited to citizens of a particular country may not be eligible.

13. Do I need a job offer to file an application in any of the five categories?

No, you do not need a job offer to file an application in any of the five categories. However, if you are applying for a green card through a job-based category, you will need an employer who is willing to sponsor your application.

14. How can I obtain labor certification for my job if I am applying under the second preference category (EB-2)?

In order to obtain labor certification for an EB-2 visa, you must first demonstrate that no qualified U.S. worker is available to fill the job opening. This requires filing a PERM Labor Certification application with the U.S. Department of Labor (DOL). Upon successful completion of the PERM application, the employer must then file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). After the I-140 petition is approved, the applicant may then proceed to file an I-485 adjustment of status application to receive permanent residence in the United States.

15. What is the maximum number of visas available in each of the five categories each year?

The maximum number of visas available in each of the five categories varies each year. The U.S. Department of State publishes the number of visas available for each of the five categories on their website.

16. Can self-petitioners qualify for an employment-based green card?

Yes, self-petitioners may qualify for an employment-based green card. In order to do so, they must possess certain qualifications that are outlined in the Immigration and Nationality Act (INA). This includes having extraordinary ability in the sciences, arts, education, business, or athletics; being an outstanding professor or researcher; or being a multinational executive or manager. Additionally, self-petitioners may be eligible for certain special immigrant categories.

17. Who can petition for me in the fourth preference category (EB-4)?

The fourth preference category (EB-4) is for certain special immigrants, which includes religious workers, broadcasters, physicians, and others. Generally, a U.S. employer or an organization in the United States would need to file a petition on behalf of the foreign national for this type of visa. It is important to note that specific requirements must be met in order to qualify for this category of visa.

18. Can I travel abroad while my application is pending in any of the five categories?

No, you cannot travel while your application is pending.

19. Are there any special programs available that may expedite my application in any of the five categories?

Yes, there are several programs available that are designed to expedite the application process for certain categories of visas. The most common are the Visa Waiver Program (VWP) and the Global Entry Program (GEP). These programs allow travelers from certain countries to travel to the US without needing to apply for a visa in advance. Additionally, some visa categories may be eligible for premium processing, which allows for faster processing times.

20. Can I extend my stay if my application is denied in any of the five categories?

No. If your application is denied in any of the five categories, you will not be allowed to extend your stay.