An employment based Green Card provides individuals with the ability to permanently live and work in the United States. To be eligible for an employment based Green Card, a foreign national is required to possess the right combination of education, skills, and/or work experience and be otherwise eligible. Here at the Law Offices of Inna Vernikov in New York we can assist you in the process of applying for an employment based Green Card.

What’s involved in getting an Employment based Green Card (for New York residents)?

The applicant for an employment based Green Card must go through a series of steps to become a permanent resident. First, the USCIS must approve an immigrant petition that was filed for the applicant, in most cases by an employer. In most employment categories, a U.S. employer must complete a labor certification on behalf of the applicant, or the applicant must be exempt from filing a Labor Certification. Once the labor certification is approved, the applicant’s employer can file Form I-140.

There are five employment-based Green Card categories:

EB-1 CATEGORY

An EB-1 petition is an employment-based application for permanent residence reserved for the most able and accomplished in fields of the arts, education, business, sciences, or sports. Three types of EB-1 petitions are available: Alien of Extraordinary Ability EB-1(a); Outstanding Professor/ Outstanding Researcher EB-1(b); Managers and Executive Transferees EB-1(c). The EB-1 petition does not have the Labor Certification requirement.

EB-2 CATEGORY

An EB-2 petition is an employment-based petition for permanent residence reserved for aliens of exceptional ability or professionals with advanced degrees. A job offer and labor certification are both requirements, however, USCIS may waive these requirements if it is in the national interest to do so.

EB-3 CATEGORY

An EB-3 petition is an employment-based petition for permanent residence reserved for professionals, skilled workers, and other workers. Foreign nationals with less than two years of training and work experience are also eligible. A job offer and labor certification is required.

EB-4 CATEGORY

An EB-4 petition is an employment-based petition for permanent residence reserved for “special immigrants,” which includes certain employees of U.S. Foreign Service posts, certain religious workers, alien minors who are wards of courts in the United States, retired employees of international organizations, and other aliens. Labor certification is not required for this category.

EB-5 CATEGORY

An EB-5 petition is an employment-based petition for permanent residence reserved for business investors who wish to invest $500,000 (if the investment is made in a targeted area) or $1,000,000 in a new commercial venture employing 10 or more full-time workers Labor certification is not required for this category.

Contact our law firm today for immediate and effective assistance with your Green Card application process.