How Does an Employment-Based Green Card Work?
There are two ways to get an employment-based green card in the United States.
The first is to have a job offer in the United States.
The second is to have an “extraordinary” ability.
Only 140,000 of these visas are granted each year, but they can offer a viable path to permanent residency if that is your goal.
EB-1 visas are extraordinary ability visas. They are not easy to obtain. You must display that you have won major awards, published groundbreaking research, put on highly successful exhibits, published books, or exhibited some other evidence that you’ve made outstanding contributions to your field.
“Extraordinary” is somewhat subjective, which can mean that you will need a very good immigration lawyer on your side to make a case for this type of visa.
The EB-1 Visa is the only type of visa that does not require an employer to fill out Form I-140, Petition for an Alien Worker.
You may receive an EB-2 visa if you have an advanced degree, such as a master’s or a doctorate, or a bachelor’s with exceptional experience and expertise that can be said to be “above average.” You’ll also need a job offer from a US employer.
Another pathway to an EB-2 visa would be to obtain a National Interest Waiver, which can help you show that your work will benefit the United States in some way and that your work has “substantial merit and national importance.” You don’t have to work for the government or work in the intelligence community to receive one; many medical professionals and researchers obtained this waiver during the COVID-19 pandemic.
EB-3 Visas are for skilled workers or professionals or for unskilled workers when the employer has successfully undergone a labor certification process to show they cannot find an American worker for the job.
You will again need a job offer from an American employer to fill this role.
Getting Help With Your Employment-Based Visa
Your employer isn’t the only one who will have to fill out paperwork to get you an EB-2 and EB-3 visa, and if you’re hoping for an EB-1, you’ll have to start the process itself. You’ll have to apply for a green card or apply for an adjustment of status, and it’s very easy to get any part of this process wrong. If you do, you jeopardize your ability to live and work in the United States.
Work with Hykel Law to make sure your employment-based green card application is done right the first time. We’ll help you identify and navigate potential problems and roadblocks and will help you fill out all the relevant paperwork correctly.
Contact us to get started today.
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Employment & Investment Visas
Although it often comes with controversy, immigration into the United States has always played a major role in the strength of its economy. Perhaps no one understands this more than the residents of Philadelphia, where the Liberty Bell still welcomes foreigners to one of the richest historical communities of our country.
Not knowing or understanding the system and laws of the U.S. can be a disadvantage for many foreign immigrants who wish to obtain permanent residency in the United States, either for themselves or for their loved ones. Hykel Law’s Family-Based Immigration Services can lead you through the complicated process to achieve either temporary or permanent residency, depending on your situation.
Are you afraid of deportation? If you are a foreign national involved in the beginning stages of removal proceedings, the deportation attorney at Hykel Law in Philadelphia can help prevent this unfortunate situation. We can evaluate your immigration case and find the best strategy to defend you from removal proceedings to help you stay in the United States.