Employment Based Green Cards

Congress has allocated a certain number of visas for individuals wishing to immigrate to the U.S. based on employment or investment and who qualify in at least one of the following five categories

Extraordinary Ability, Outstanding Researchers & Multinational Executives

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  • If you are a person with extraordinary ability you may qualify for a green card if you can show that you have sustained national or international acclaim in the field of science, arts, education, business or athletics and that you seek to continue working once in the U.S in that area.  There is no requirement of a job offer.
  • Professors or researchers also qualify by showing outstanding international recognition in a specific academic area, has 3 years experience in the academic area and seeks to work for a U.S. employer in the same area of academic achievement
  • Multinational Executives/Managers qualify if they have been employed abroad for 1 year for the same company, has a job offer by the U.S. entity and seeks to continue working in the capacity of a manager or executive.

Religious Workers & Other Special Immigrants

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  • Religious workers can apply for an immigrant visa if for at least two years, they have been a member of a religious denomination and who seek to be admitted in the U.S. to work full time in a religious organization in a religious vocation or occupation.Other special immigrant categories include:
  • Violence against Women Act (VAWA), which includes self-petitioning battered or abused spouses, parents or children of U.S. citizens or permanent residents;
  • Panama Canal Company Employee, International Organization Employee or Family Member;  Armed Forces Member; Afghanistan or Iraq national who supported the U.S. Armed Forces as a translator; Iraq national who worked for the U.S. Government in Iraq or an Afghan national who worked for the U.S. Government in Afghanistan

 Immigrant Investor

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    The purpose of this category is to stimulate the U.S. economy through job creation and capital investment of foreign investors. It requires:

  • The establisment of a for profit new commercial enterprise
  • Create  at least 10 full-time jobs for qualifying U.S. workers within two years of the  investor’s Conditional Permanent Residency.
  • An investment in the United States of at least $1 million or $500,000 if the investment is in a high-unemployment area or rural area in the U.S.

Advanced Degrees, Exceptional Ability & National Interest Waiver 

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  • Individuals with advanced degrees or equivalent education and experience can immigrate to the U.S. if they have a job offer, which requires an advanced degree or its equivalent.  In addition, the employer is required to test the labor market to ensure that the foreign worker seeking to immigrate is not displacing equally qualified U.S. workers (labor certification.)
  • Workers with “exceptional ability” in the sciences, arts or business who will substantially benefit the national economy, cultural and educational interest and who have a job offer may also submit the application.
  • Individuals who can show “exceptional ability” can apply for a National Interest waiver to waive the labor certification process by showing that the invidivual will be employed in an area of substantial intrinsic merit; the benefit  it offers is of national scope, and the national interest would be adversely affected if a labor certification process would be required.

 Skilled Workers Professionals & other workers

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  • Professional workers are those individuals who hold a U.S. Baccalaureate degree or foreign equivalent and who have a job offer in a professional occupation where it customarily requires a degree or higher education.
  • Skilled workers refers to individuals who have a permanent job offer and requires at least 2 years of training or work experience
  • Other workers refers to foreign nationals with less than 2 years of training and work experience.
    Note that all of the workers above require a job offer and a labor certification requirement unless there is a shortage of workers in that area and has been recognized by the U.S. Department of Labor.