EB1 Club

Employment-Based Green Cards - A comprehensive guide to eligibility

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Securing an employment-based green card involves meeting specific eligibility criteria and navigating a detailed application process. Here's a comprehensive guide to eligibility and the steps involved in the application process:

Eligibility for Employment-Based Green Cards

Eligibility criteria vary by category but generally include factors such as job offers, professional qualifications, or investment:

EB-1: First Preference

  1. EB-1A (Extraordinary Ability)
    • Eligibility: Demonstrate extraordinary ability in sciences, arts, education, business, or athletics through sustained national or international acclaim. No job offer is required, and you can self-petition.
    • Evidence Required: Awards, publications, original contributions, critical roles, etc.
  2. EB-1B (Outstanding Professors and Researchers)
    • Eligibility: Must be internationally recognized as outstanding in a specific academic field and have at least three years of experience. Requires a job offer.
    • Evidence Required: Significant achievements, research contributions, awards, and employment history.
  3. EB-1C (Multinational Managers or Executives)
    • Eligibility: Must have been employed abroad in a managerial or executive role for at least one year within the past three years by a multinational company and be transferring to a U.S. office. Requires a job offer.
    • Evidence Required: Documentation of managerial or executive role and employment history.

EB-2: Second Preference

  1. EB-2A (Advanced Degree Professionals)
    • Eligibility: Requires an advanced degree or a bachelor’s degree plus at least five years of progressive experience. Requires a job offer and labor certification unless applying for a National Interest Waiver (NIW).
    • Evidence Required: Degrees, transcripts, work experience letters, and labor certification.
  2. EB-2B (Exceptional Ability)
    • Eligibility: Must show exceptional ability in sciences, arts, or business. Requires a job offer and labor certification unless applying for NIW.
    • Evidence Required: Awards, memberships, publications, significant contributions.
  3. National Interest Waiver (NIW)
    • Eligibility: Allows self-petitioning without a job offer or labor certification if you can demonstrate that your work benefits the U.S. significantly.
    • Evidence Required: Proof of significant contributions to your field and how they benefit the U.S.

EB-3: Third Preference

  1. EB-3A (Skilled Workers)
    • Eligibility: Requires at least two years of experience or training in a skilled occupation. Requires a job offer and labor certification.
    • Evidence Required: Work experience, educational qualifications, and labor certification.
  2. EB-3B (Professionals)
    • Eligibility: Requires a bachelor’s degree or equivalent and a job offer in a professional occupation. Requires a labor certification.
    • Evidence Required: Degree certificates, transcripts, and labor certification.
  3. EB-3C (Other Workers)
    • Eligibility: For unskilled workers performing labor that is not temporary or seasonal. Requires a job offer and labor certification.
    • Evidence Required: Proof of job offer and labor certification.

EB-4: Fourth Preference

  • Eligibility: Includes specific groups like religious workers, certain employees of U.S. foreign service posts, and others with unique qualifications.
  • Evidence Required: Varies by subcategory (e.g., proof of religious employment, specific job roles).

EB-5: Fifth Preference

  • Eligibility: Requires an investment of $800,000 to $1,050,000 in a new commercial enterprise and creation of at least ten full-time jobs for U.S. workers.
  • Evidence Required: Proof of investment, job creation, and business operation.