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Green Cards

Employment-based residencies in the United States for non-citizens require a Green Card.

There are five types of employment-based green cards, generally referred to as EB-1, EB-2, EB-3, EB-4, and EB-5 categories. Most require an employer/sponsor, but a few allow self-petitioning. JCL Immigration Attorneys can work with you to determine the best route for you to obtain your green card through employment and submit the necessary documentation with your application.

green cards

EB-1 Green Card: Individuals with Extraordinary Ability

The EB-2 Green Card is granted to qualified foreign nationals possessing advanced degrees or exceptional abilities in their area of specialization.

General Details:

  • A Master’s degree is typically required.
  • Individuals with a bachelor’s degree plus at least 5 years of progressive experience may also qualify
  • Accredited licensure in your area of specialization may be required.
  • Membership in related professional organizations may be required.
  • Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, and professional or business organizations is a plus.

An EB-2 National Interest Waiver (NIW) does not require the PERM or Labor Certification process. Three factors are considered:

  • The proposed endeavor has both substantial merit and national importance.
  • The applicant is well-positioned to advance the proposed endeavor.
  • It would be beneficial to the United States to waive the requirements of a job offer and the labor certification.

The EB-2 Green Card can also lead to permanent residency in the United States. One of our Arizona Immigration Lawyers can provide more details and help you obtain the necessary documentary evidence and complete the application.

EB-2 Green Card: Individuals with an Advanced Degree or Exceptional Ability, including the National Interest Waiver.

The EB-1 Green Card is for foreign nationals who demonstrate extraordinary ability in their field and wish to work in the United States. Qualifying areas can be science, arts, education, business, or athletics. Similar to an O-1 Work Visa, petitioners must provide documentary evidence proving outstanding achievements that have earned “sustained national or international acclaim.”

There are three EB-1 visa types:

  • EB-1a visa: Extraordinary Ability green card
  • EB-1b visa: Outstanding Professor or Researcher green card
  • EB-1c visa: Managers or Executives of multinational companies

General Details:

  • Applicants must demonstrate extraordinary ability in the sciences, arts, education, business, or athletics by providing evidence of sustained national or international acclaim.
  • Applicants must wish to enter the United States to continue work in the area of extraordinary ability.
  • The applicant’s entry into the U.S. must substantially benefit the U.S.

EB-3 Green Card: Skilled, Professional, or Other Workers

The EB-3 Green Card is employment-based documentation for skilled, professional, or other workers.

General Details:

  • Application processing can often take longer than EB-1 and EB-2 green cards.
  • Skilled workers must provide documentation for two years of training, experience, or job education (this can include relevant post-secondary education).
  • Professional workers require documentation of a baccalaureate or equivalent degree.
  • Other/unskilled workers may have less than two years of training or experience but must still provide documentation of this training or experience.
  • Your employer must complete the PERM labor certification process.

Our JCL Immigration Attorneys can help you determine if this is the best green card category for you and complete the application process.

EB-4 Green Card: Special Immigrants

The EB-4 Green Card is for special immigrants whose situation does not fit the EB-1, EB-2, or EB-3 categories. Some examples include religious workers, broadcasters, retired NATO or G-2 military officers or civilian employees and family, special immigrant juveniles, certain physicians, and Panama Canal Company or Canal Zone government employees.

General Details:

  • Some special immigrants require an employer sponsorship for this green card.
  • Some special immigrants can self-petition for this green card.
  • About 10,000 EB-4 green cards are awarded each year.
  • Some EB-4 classifications allow your spouse and unmarried children under the age of 21 to be admitted to the United States.

Schedule a consultation with JCL Immigration Attorneys in Arizona to learn more about other possible immigrant classifications that may qualify for an EB-4 green card.

EB-5 Green Card: Investors

The EB-5 employment-based green card is for foreign investors with significant funds to invest in a U.S. company. Investors and their spouses and unmarried children under 21 may be eligible to apply for lawful permanent residence if they invest in a commercial enterprise in the United States and plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers. These investments may support a new company or an existing failing company.

General Details:

  • Approved fields and industries include medical facilities, manufacturing, agriculture, and real estate development, hotels, restaurants, casinos, and stadiums.
  • The required minimum investment amount is $1,050,000 million.
  • The minimum investment amount may be reduced to $800,000 for Targeted Employment Areas (TEAs), rural areas, and other qualifying projects.
  • Investment amount adjustments for inflation occur every five years.
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Whether you are an employer or an individual trying to explore options to work and stay in the U.S., we welcome you to contact us.

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