GETTING A GREEN CARD THROUGH EMPLOYMENT-BASED VISAS

Approximately 140,000 immigrant visas are available each fiscal year for noncitizens (and their spouses and children) who seek to immigrate based on their job skills. If you have the right combination of skills, education, and/or work experience and are otherwise eligible, you may be able to live permanently in the United States. These are five types of employment-based immigrant visa preferences (categories):

First Preference EB-1 This preference is reserved for persons of extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors or researchers; and multinational executives and managers.

Second Preference EB-2 This preference is reserved for persons who are members of the professions holding advanced degrees or for persons with exceptional ability in the arts, sciences, or business.

Third Preference EB-3: This is a category of immigration visa intended for skilled workers, professionals, and unskilled workers (i.e., those who have skills that require less than two years of training or experience). This includes professions such as electricians, mechanics, construction workers, nurses, and other professionals in high demand areas in the United States.

Fourth Preference EB-4: This is a category of immigration visa intended for special candidates, including religious immigrants, foreign government employees working in the United States, doctors, and other professionals working in areas of national interest.

Fifth Preference EB-5: This is a category of immigration visa intended for foreign investors who wish to invest and create jobs in the United States. To qualify, the candidate must invest in a project approved by the United States government that results in the creation of at least ten jobs in the United States. The eligibility of the investor is evaluated based on their source of funds, business experience, and ability to manage and create jobs.

Although they may seem similar, there are important differences in eligibility and process between the visas. In general, spouses and minor children of immigration visa holders may be eligible to receive a derivative visa or Green Card, but the rules and requirements vary according to each visa category.

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