Permanent US Employment-Based Green Cards

EB-1 Visa (Priority Workers)

The EB-1 Green Card, First Preference visa category was created for priority workers looking to live in the United States. More specifically, those eligible for an EB-1 visa would need to fall under the following categories:

• EB-1A: Extraordinary Ability
• EB-1B: Outstanding Professors and Researchers
• EB-1C: Multinational Manager or Executive

EB-2 Visa (Advanced Degree Professionals)

The EB-2 immigrant visa category is within the Immigration Act for those interested in US permanent residency. It was created for foreign nationals who hold an advanced degree, exceptional abilities or are looking to waive their labor certification requirement. The three visas that fall under the second preference category include:

• EB-2A: Advanced Degree
• EB-2B: Exceptional Ability
• EB-2C: National Interest Waiver (NIW)

EB-3 Visa (Skilled, Unskilled, & Professional Workers)

The EB-3 Green Card is a permanent residence category based on work experience. Workers that are competent, professional, or “other” fall into the third preferred group. Those that obtain an EB-3 Green Card who are considered skilled, unskilled, or professional workers.

EB-4 Visa (Special Immigrants)

The EB-4 category is an immigrant visa preference category for “exceptional immigrants.” If a person satisfies the qualifications for special immigrant status, they may apply for legal permanent resident (LPR) status in the EB4 category. There are two main categories of the EB-4 visa but in addition to these there are several other categories:

• Religious Workers
• Special Immigrant Juveniles

EB-5 Visa (Investors)

The EB-5 immigrant investor visa category was created within the Immigration Act to attract foreign capital to the US and create jobs for American workers in the process. Ultimately, the investor would then be entitled to apply for US permanent residence.

Temporary US Employment Visas

H-1B: Person in Specialty Occupation

For applicants working in a specialty occupation. Applicants must have at least a bachelor’s degree, or equivalent experience in the specialty occupation. Includes fashion models, physicians, and DOD project participants.

H-1B1: Free Trade Agreement (FTA) Professional

– Chile, Singapore
For applicants from Chile or Singapore working in a specialty occupation. Applicants must have a post-secondary degree involving at least four years of study in the field of specialization. (Note: This is not a petition-based visa. For application procedures, please refer to the website for the U.S. Embassy in Chile or the U.S. Embassy in Singapore.)

H-2A: Temporary Agricultural Worker

For applicants performing temporary or seasonal agricultural work. Only citizens or nationals of designated countries are eligible for this visa. There are limited exceptions.

H-2B: Temporary Non-agricultural Worker

For applicants performing temporary or seasonal non-agricultural work. Only citizens or nationals of designated countries are eligible for this visa. There are limited exceptions.

H-3: Trainee or Special Education visitor

For applicants receiving training, other than graduate medical or academic training, in any field that is not available in their home country. Applicants may also participate in practical training programs in the education of children with mental, physical, or emotional disabilities.

L: Intracompany Transferee

For applicants working in a managerial or executive capacity; or applicants working in a position requiring specialized knowledge. The petitioner must be a branch, parent, affiliate, or subsidiary of the applicant’s current employer. Applicants must have worked for the same employer abroad for at least one year within the three preceding years.

O: Individual with Extraordinary Ability or Achievement

For applicants with an extraordinary ability or achievement in the field of science, art, education, business, or athletics. Also for applicants who are internationally recognized in the motion picture and television fields. This category includes persons assisting the above individual.

P-1: Individual or Team Athlete

For applicants who are recognized athletes or members of an entertainment/sports group. They must perform at a specific athletic competition or entertainment performance. Includes persons providing essential services in support of the above individual.

P-2: Artist or Entertainer (Individual or Group)

For applicants performing individually or in a group. They must be part of a reciprocal exchange program between an organization in the United States and an organization in another country. Includes artists providing essential services in support of the above individual.

P-3: Artist or Entertainer (Individual or Group)

For applicants performing, teaching, or coaching. They must be part of a program that is unique. The program can also be a traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation. Includes persons providing essential services in support of the above individual.

Q-1: Participant in an International Cultural Exchange Program

For applicants participating in an international cultural exchange program. The program can be for cultural labor and training, or to share the history, culture, and traditions of the applicant’s home country.

Investors:

E1: Priority Worker and Persons of Extraordinary Ability

There are three sub-groups within this category:

• Persons with extraordinary ability in the sciences, arts, education, business, or athletics. Applicants in this category must have extensive documentation showing sustained national or international acclaim and recognition in their fields of expertise. Such applicants do not have to have specific job offers, so long as they are entering the U.S. to continue work in the fields in which they have extraordinary ability. Such applicants can file their own Immigrant Petitions for Alien Worker, Form I-140, with the USCIS.
• Outstanding professors and researchers with at least three years experience in teaching or research, who are recognized internationally. Applicants in this category must be coming to the U.S. to pursue tenure, tenure track teaching, or a comparable research position at a university or other institution of higher education. The prospective employer must provide a job offer and file an Immigrant Petition for Alien Worker, Form I-140, with the USCIS.
• Multinational managers or executives who have been employed for at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer. The applicant’s employment outside of the U.S. must have been in a managerial or executive capacity, and the applicant must be coming to work in a managerial or executive capacity. The prospective employer must provide a job offer and file an Immigrant Petition for Alien Worker, Form I-140, with the USCIS.

E2: Professionals Holding Advanced Degrees and Persons of Exceptional Ability

A Second Preference applicant must generally have a labor certification approved by the Department of Labor. A job offer is required and the U.S. employer must file an Immigrant Petition for Alien Worker, Form I-140, on behalf of the applicant. Applicants may apply for an exemption, known as a National Interest Waiver, from the job offer and labor certification if the exemption would be in the national interest. In this case, the applicant may self-petition by filing the Immigrant Petition for Alien Worker, Form I-140, along with evidence of the national interest. Professionals Holding Advanced Degrees and Persons of Exceptional Ability receive 28.6 percent of the yearly worldwide limit of employment-based immigrant visas, plus any unused visas from the Employment First Preference category.

There are two subgroups within this category:

• Professionals holding an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree and at least five years of progressive experience in the profession.
• Persons with exceptional ability in the sciences, arts, or business. Exceptional ability means having a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.

EB-5: Immigrant Investors

Also called Immigrant Entrepreneurs. Immigrant Investor visa categories are for capital investment by foreign investors in new commercial enterprises in the United States which provide job creation. Select Immigrant Investor Visas to learn more about this employment-based category.
A foreign national must invest, without borrowing, the following minimum qualifying capital dollar amounts in a qualifying commercial enterprise:

• $1,000,000 (U.S.); or
• $500,000 (U.S.) in a high-unemployment or rural area, considered a targeted employment area.

A qualifying investment must, within two years, create full-time jobs for at least 10 U.S. citizens, lawful permanent residents, or other immigrants authorized to work in the United States, not including the investor and the investor’s spouse, sons, or daughters.
Immigrant investor visa categories are:

• Employment creation outside a targeted area – C5
• Employment creation in a targeted rural/high unemployment area – T5
• Investor Pilot Program not in a targeted area – R5
• Investor Pilot Program in a targeted area – I5