The American dream for a skilled foreign national opens the door to a plethora of experiences and opportunities, one of which is claiming a permanent residency in the dream space U.S. through employment-based green cards.
There are three categories involved in this system: EB-1, EB-2, and EB-3 – each encompasses specific eligibility criteria and processing steps.
Both the foreign national and the U.S. employer who’ll be sponsoring must be well informed about these distinct categories and their adjacent norms. In this article, you’ll be provided with a roadmap to gain a comprehensive understanding of these three green card options along with the entire process involved in each category.
A Roadmap to Green Card:
While the peculiar requirements including eligibility criteria vary between these three categories of employment-based green card status, the general process incorporates the following primary steps:
- Labor Certifications or PERM: This certificate, to be obtained by your U.S. employer, ensures that the employer has been unbiased during the recruitment process and that your employment doesn’t adversely affect the U.S. workers’ working conditions and wages.
- Immigration Petition i.e. Form I-140: After the approval of the PERM, your employer must file an immigration petition with USCIS on your behalf for the particular EB category you’re eligible for.
- Visa Application or Visa Status Adjustment: There prevails a provision for adjusting one’s visa status if staying in the U.S., transforming from the current immigration status to green card status, or transforming visa application through a U.S. consulate abroad.
What Are the Various Categories of EB Green Cards?
- EB-1 category, first preference employment-based green card, ‘fast track’ for extraordinary individuals such as Nobel prize winners, Olympic athletes, or renowned researchers who are extraordinary in their specific fields.
- EB-2 category, second preference employment-based green card, for those excelling in their field like business, science, medicine, etc.
- EB-3 category, third preference employment-based green card, for skilled or unskilled staff in areas with a demonstrated need for their expertise.
You may find these categories of EB green cards to be slightly complex. But with the right immigration lawyer and his/her professional guidance, you can easily navigate the path to gaining permanent residency in the U.S. Visit us at https://h1bvisajobs.com/immigrationlawyer/.
EB-1 category, first preference employment-based green card
Eligibility for EB-1
EB-1 category of employment-based green card has several subcategories and each encompasses its requirements, however, each must possess extraordinary ability in fields like arts, science, business, and athletics among others, and must be felicitated with esteemed prizes or sustain national or international approbation.
The demonstration of extraordinary ability for EB-1 can be done in the following ways:
- Demonstrating prizes of international or national importance as proof of validation of your exceptional ability.
- Demonstrate evidence of your position as a leading performer in a professional organization.
- Present proof of membership to the companies that seek such exceptional ability from their members.
- Present published articles/material about you on any mass media platform.
- Present proof of invitation or plea was given to you for evaluating other’s performance in the workspace.
- Present proof of service as a skilled and proficient executive or manager in a well-established organization/company.
- Present full proof of your excellence in the fields including research, athletics, business, etc.
- Present proof of your publication in a renowned media platform.
- Present proof of your work being presented at highly acclaimed exhibitions.
- Present proof of your handsome salary which is higher than others.
- Evidence as an extraordinary researcher or professor includes:
- Awards or prizes for your excellent service as a researcher or professor.
- Proof of membership in an organization that seeks such exceptional ability or outstanding achievement from its members.
- Published work by someone about the foreign national’s work in the academia.
- Proof of invitation or plea was given to you for evaluating or judging other’s work in the academia.
- Proof of your contribution to the field of science or research.
- Proof of authorship.
Note: You must qualify for at least three criterias. As far as the EB-1 visa holder’s immediate family members such as the spouse or unmarried children below 21 years are concerned, they can apply for residency in the U.S. under E-14 or E-15 categories respectively, provided Form I-140 gets approval.
Processing time for EB-1
There are three sub-categories of EB-1 green card- EB1-A, EB1-B, and EB1-C. EB1-A is accredited to foreign nationals encompassing extraordinary abilities in science, arts, business, etc., and the processing times are expedited.
EB2-B is for foreign nationals who’ve earned international acclamation in the field of academia, and the processing time relies on the foreign national’s service center and the status of the I-140 petition, however, an additional six months will be taken to review Form I-485 that you must file after waiting for your priority date.
By paying a premium processing fee, you can get your I-140 form processed within fifteen days. Lastly, EB1-C is for those foreign nationals who’re skillfully holding the post of executive and manager. One can get this visa status by applying for an adjustment of status while either being inside or outside the U.S. The members of these groups don’t have to undergo the tiring process of attaining PERM labor certification.
More details about EB-1: https://h1bvisajobs.com/eb1-visa-the-complete-guide/
EB-2 category, second preference employment-based green card
Eligibility for EB-2
EB-2 category of employment-based green card has several requirements such as the foreign national must incorporate exceptional expertise in the field of arts, sciences, or business, advanced degrees or foreign equivalent degrees, or must apply for national interest waiver.
In short, your presence in the U.S. must benefit the nation’s economy and must make relevant contributions. You must demonstrate proof of expertise in the fields stated above, or present advanced degrees such as a U.S. Master’s degree foreign degree, or U.S. baccalaureate degree with five years of experience in the related field.
National Interest Waiver or NIW is a plea made by a foreign national with exceptional ability to waive off stage 1 of the PERM labor certification process on account of the interest of the United States. No basic requirements are mentioned to apply for NIW.
Processing time for EB-2
The processing time is approximately eight months to two years. You must undergo the process of acquiring PERM labor certification and must file Form I-140, after whose approval you can file your green card application with the USCIS.
You can pay regular or premium processing fees to get your I-140 form processed in six months and 15 days respectively.
More details about EB-2: https://h1bvisajobs.com/eb2-visa-complete-guide/
EB-3 category, third preference employment-based green card
Eligibility for EB-3
This category is for professionals, skilled workers, unskilled workers, or others. You must possess an approved immigrant petition filed by your employer before applying for this type of EB visa status.
An approved PERM labor certification by the Department of Labor is a must to obtain this visa status. Three sub-categories are involved here- Skilled workers who must present a minimum of two years of job experience or training, Professional workers who must have a U.S. baccalaureate degree or foreign degree equivalent, and finally unskilled or other workers who must possess the capacity to perform unskilled labor that isn’t of a temporary or seasonal nature.
Processing time for EB-3
The process of obtaining PERM labor certification takes a minimum of six months, however, in case, your employer gets audited, the processing time gets stretched to eighteen months.
It takes around six months or 15 days if your I-140 form is made through regular or premium processing. An additional six months will be taken to review Form I-485 which you must file after waiting for your priority date which itself takes a few months depending on the country you live in.
More details about EB-3: https://h1bvisajobs.com/eb3-visa-guide/
Conclusion
We don’t want you to settle for a temporary status if you’re eligible to claim a permanent residency. Unlock your prospects of living and working in the U.S. with us.
At H1bvisajobs.com, you’ll be guided through the peculiarities of employment-based green card categories including EB-1, EB-2, and EB-3 by a network of experienced lawyers.
With such green card status, you can expose yourself to different travel-worthy places in the U.S., and have greater career advancement, thereby securing a future for yourself and your family. Contact us now! https://h1bvisajobs.com/immigrationlawyer/