Apart from immigration based on family reunification, people with employment-based Green Cards form another large group of immigrants. A total of 140,000 visa are available for this Green Card category per year. Learn more about all the job-based categories and its requirements in the following!
For the employment-based Green Card categories there is an annual limited quota of 140,000 immigration visas. Since the applicants bring along very different professional qualifications, the Green Card categories are divided into five different sub-categories.
GREEN CARD CATEGORY
|EB-1: Priority Workers||28,6%|
|EB-2: Persons with Advanced Degrees or Exceptional Ability||28,6%|
|EB-3: Skilled Workers, Professionals and other Workers||28,6% (including a maximum of 5,000 Green Cards for "other workers")|
|EB-4: Special Immigrants and Religious Workers||7,1%|
It is important to note that some categories require a job offer in the USA at the time of application. However, not just any job offer will suffice, it must be specifically verified through the process of a so-called Labor Certification.
There is no need to apply for a Green Card for a temporary work assignment in the USA. A US work visa is sufficient here.
For the employment-based Green Cards of the category EB-2 and EB-3 a so-called Labor Certification, i.e. a national labor market test, must be carried out. This is a test to determine whether a US citizen or an already resident Green Card holder could do the intended work in an equivalent manner.
Unlike family-based Green Cards, job-based Green Cards only require proof of a financial sponsor, the so-called Affidavit of Support, in exceptional cases.
The EB-1 Green Card is designed for highly qualified professionals, i.e. priority workers, from all over the world who are of high national interest to the USA. These individuals qualify through exceptional skills in the fields of science, business, education, the arts or sports.
This category does not require a national labor market review for application. It is divided into the following subcategories:
Individuals with extraordinary abilities can apply for this visa. This means that the applicant must have outstanding achievements in the fields of science, business, education, art or sports.
Only a certain number of EB-1A Green Cards are issued each year. The remaining qualified applications are put on a waiting list. Since there are usually not many applications received, the waiting times are usually relatively short.
There are two ways to meet the requirements for the EB-1A Green Card:
In addition, the applicant must either submit a specific job offer in the United States or otherwise demonstrate that he or she wishes to work in the same field in the United States. Such evidence may include, for example, contractual obligations or a detailed statement by the applicant on how he or she wishes to continue their current employment in the USA.
To apply for the EB-1A Green Card, the applicant must first submit a petition using Form I-140. While in the other employment-based Green Card categories the future employer has to take over this task, in this visa the applicant himself acts as his own sponsor. He is therefore a so-called self-petitioner.
Once the petition is approved, the immigrant visa can be applied for at the U.S. Citizenship and Immigration Services (USCIS).
This subcategory of workplace-based Green Cards is aimed at university teachers and researchers with special academic skills. This group of individuals with a high national interest may not be self-employed, but must have a job offer in the United States.
1) the applicant must be either a university teacher or a researcher whose achievements in his academic field are internationally recognized.
This shall be demonstrated by meeting at least two of the following six criteria:
2) the applicant must be able to provide evidence of at least three years' teaching or research activity in his academic field.
3) the vacancy to be proven must be a permanent position which has been granted "for life" or which is equivalent to a permanent employment relationship.
4) the job offer must come from a US university, college or institute. Private employers will only be approved if they employ at least three researchers on full-time contracts and can demonstrate exceptional academic performance.
In order to be classified as an outstanding university professor or researcher, an educational or research institution must submit Form I-140.
In addition, the prospective employer must prove that it is able to pay the applicant the salary offered, for example by submitting copies of annual reports.
This category of Priority Workers is aimed at managers and executives who want to emigrate to the USA.
With the EB-1C immigrant visa, not only the applicant but also the future employer must meet certain requirements.
Criteria for the applicant:
Criteria for the employer:
Applicants for the EB-1C Green Card are necessarily dependent on a job offer from the company in the USA. The American employer must complete Form I-140 and submit it together with evidence of the above requirements.
In addition, the company's business relationship in the USA and abroad must be made clear. The applicant's current and future responsibilities must be listed and information regarding the applicant's employment contract and professional qualifications must be provided.
The EB-2 immigrant visa is aimed at two groups of people:
Different conditions apply depending on which of the two sub-categories one wishes to apply in.
First, the academic degrees should be tested for equivalence or superiority to a US American Bachelor's degree. Then the future employer must make a Prevailing Wage Request to determine the usual wage. Afterwards, they must advertise the position publicly in at least two newspapers and at the US Federal Employment Agency.
Interviews must be conducted with qualified applicants and then it must be proven why they are not eligible for the position. In this case a Labor Certification Application can be submitted to the US Department of Labor. Petition I-140 can then be submitted to the Immigration Department.
Those who do not have a university degree such as a Master's or PhD or exceptional skills and therefore do not qualify for an EB-1 or EB-2 Green Card may be eligible for the EB-3 Green Card. This category is primarily aimed at academics, qualified professionals and other employees.
Due to the large number of applications in this category, there are often long waiting times for processing.
The application for the EB-3 Green Card comprises the same steps as the application for an EB-2 Green Card:
The US employer has the usual salary determined by a Prevailing Wage Request. Subsequently, he publicly announces the position and has to interview qualified applicants. If the position cannot be filled, a Labor Certification Application can be submitted. This is followed by the I-140 petition.
The EB-4 Green Card for the USA is aimed at a relatively small but very heterogeneous group of people who are granted the possibility of immigration by the US government for political or moral reasons. These include, for example:
Since Special Immigrants are very few in number, only Religious Workers will be discussed below.
Labor Certification is not necessary when applying for the EB-4 visa.
First, the American religious community must file the application for the employee with the U.S. Citizenship and Immigration Services (USCIS) using Form I-360. Among other things, it must be proven that the religious community is not making a profit.
In addition, it must be submitted how the applicant is to be paid, his or her professional experience and which of the above-mentioned professional groups he or she falls into.
If an applicant wants to set up a business in the USA, he or she does not need an employer, but can apply for an EB-5 Green Card, also known as an Investors Green Card.
First, the applicant submits Form I-526 to the relevant Immigration Service Centre. In addition, the applicant must provide evidence that the investment capital was acquired legally, that at least ten jobs will be created by the investment, and that the applicant will have an active role in the company.
If the application is approved, the applicant can file Form I-485 and receive a conditional Green Card at first. After two years, via Form I-829 a new assessment will be made to see whether the applicant has fulfilled his or her promise to invest. If that is the case, a permanent US Green Card will be issued.