There are five types of employment-based green card applications that allow foreign nationals to live and work indefinitely in America and eventually become U.S. citizens if they wish:

  • EB-1 visa for priority workers. This category is for workers with extraordinary ability, renowned professors and researchers, as well as international executives and managers. This category is ideal because it does not involve the labor certification process. An employer sponsor is required for professors, researchers, executives, and managers, but not for those with extraordinary abilities. Those with extraordinary abilities must prove their international acclaim and that they will continue their work in the United States.
  • EB-2 visa for professionals and those with exceptional abilities. This second-preference employment-based visa is designed for those with exceptional abilities or advanced degrees, as well as those that qualify for a National Interest Waiver (NIW). This visa requires labor certification from the Department of Labor and an employer sponsor unless you obtain a NIW. Those with advanced degrees must prove their accomplishments and work experience, while those with exceptional abilities must provide evidence of their talents.
  • EB-3 visa for skilled, professional, or other workers. These visas are held for skilled workers, professional workers, or other workers who do not fit into any of the above categories. All three types of these workers must obtain approval from the Department of Labor and all must prove that their employment will not take jobs away from American workers. None of the jobs can be seasonal or temporary.
  • EB-4 visa for special immigrants. Fourth preference employment-based work visas are for a very specific groups of immigrants. EB-4 visa holders can be: religious workers, broadcasters, physicians, members of the military, translators, international organization employees, employees of the United States government abroad, or retired NATO-6 workers. Some of these special immigrants must have an employer sponsor (such as broadcasters) while other special immigrants can petition for a visa by themselves.
  • EB-5 visa for investors. Fifth-preference employment-based visas are for those who have either $1.8 million or $900,000 to invest in a new business enterprise in the United States. To qualify for the reduced $900,000 investment, one must choose a project in a rural or economically suppressed area. The investment must create ten or more new jobs in the business within two years.

If you are a worker who wants to find employment in the United States, contact Dworken and Bernstein to schedule a free consultation today.

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