You are likely to get a Green card from the U.S., which allows you for a permanent residence in the United States and many other provisional benefits availed by the U.S. citizens. This visa focuses on your employment if you are dynamic and extraordinary in a particular field like professor in science, business man/woman, a great artist and renowned for your talent etc., this automatically creates means for you to get an employment based Green card. The employer has to offer you this visa by stating various norms of specific wages or means of sponsorship.

There are several categories for EB (Employment Based) Green card:

EB1
This category is given the first preference and includes the business or multinational executives, highly abled professors in the field of science, nobel laureates and people who have given great contributions in the field of science, athletics, art, creativity, education.

They must have published articles in the international journals, have a prominent place in making contributions which are known world-wide.

They must have also supervised or judged the experts in specific fields for certain aspects of science, arts, sports etc.

0

EB2
Second preference is given to the people with higher education such as a Master’s degree and great work in science, medicine, education.

The EB2 category should have good academic records with completed degree, diploma or other certifications.

They must possess relevant experience letters with more than 10 years of expertise, license and associated memberships.

The exceptional abilities and contributions made by these people have a great impact on the nation and thus the U.S. welcomes these people and grants them EB2 category visas based on their potential.

EB3
This category awards third preference to people with experience of more than 2 years as a skilled worker or one who is a professional with a Masters or PhD degree and meets the requirements of a foreign degree. Also there is a class of unskilled workers or laborers who have relevant experience and training of less than 2 years; and must have certification along with residing currently in the United States.

EB4
This visa belongs to the section of people who are not included in the above category, such as religious workers, people into U.S. foreign services, NATO-6 Employees including their family members, members in the armed forces, Physicians, Afghani and Iraqi translators who has served the U.S., Employees from the Panama Canal zone, Juvenile immigrants. They can also include their family members for the EB green card visa scheme, by submitting certain documents.

EB5
This EB is for investors who do a huge investment in various sectors including a specific Targeted Employment area (TEA) during a turmoil or inflation in order to safeguard the economy. The standard minimum investment amount generally makes one an investor is around $1.8 million; also the minimum investment for a TEA is revised to $900,000 from $500,000. Generally the limits are set every 5 years depending upon the Consumer price index.

I) Application Process for EB Green Card:-

  • Extraordinary Ability: You may apply as a self-petitioner for yourself by filing a Form I-140
  • Outstanding Professors, Researchers, Multinational Manager or an Executive:

Your U.S. employer must apply for a Form I-140, Petition for you as an Alien Worker. As part of the application process, your employer should depict a continuing ability to pay the offered wage. The employer shall provide the Tax details and other financial evidence in order to state the specific amount will be granted to you as an ongoing wage till the contract.

U.S. Department of Labor – Labor Certification

Third preference petitions must generally be accompanied with an approved, individual labor certification which is obtained from the Department of Labor on Form ETA-9089. The petition can be submitted to U.S. Citizenship and Immigration Service (USCIS).


II) If you are currently residing in the United States

in order to fulfil the eligibility for a Green Card under the category of EB-1, EB-2, or EB-3 immigrant, you should:

  • Have an approved Form I-140 filed on your behalf
  • You file an application Form I-485, an Application to Register Permanent Residence or Adjust Status; by physically being present
  • You are then inspected and released into the United States once found eligible by all means
  • An immigrant visa is immediately available after filing an application Form I-485 and when the USCIS makes a final decision for approval on your application.

II) Documents need to be submitted by the applicant

Being the beneficiary of Form I-140, you are known as the ‘Principal applicant’. As the principal applicant, you need to submit the following documents for an employment-based immigration; one has to be present in the U.S. at the time of filing the application-

  • Form I-485, Application to Register for a Permanent Residence or Adjust Status;
  • Copy of the Form I-797, Approval or Receipt acknowledgement, for the Form I-140 filed on your behalf
  • Filled Form I-485 Supplement J, to confirm that the job offered to you in Form I-140 remains a primary bona fide job offer by an employer.
    • Note: In case of a self-petitioner, you need to submit a duly signed statement confirming your intention to work in the desired occupation mentioned in the Form I-140
  • Two passport-size photographs;
  • Photocopy of your government-issued identity document with photograph;
  • Photocopy of your birth certificate;
  • Copy of your Valid passport page
  • Copy of your passport page with visa stamp (issued by a U.S. immigration officer
  • Copy of Form I-94, Arrival/Departure Record, or copy of the U.S. Customs and Border Protection (CBP),
  • Admission or parole stamp on the travel document (if applicable)
  • Proof that you have maintained a lawful clean character status since arriving in the U.S.
  • Form I-864, Affidavit of Support Under Section 213A of the INA- applicable if your Form -140n is filled by a relative, a permanent U.S. resident
  • Form I-693, Report of Medical Examination and Vaccination Record- you can submit this form together with Form I-485 or later during personal interview
  • Certified police and court records of all criminal charges, arrests, or convictions regardless of final disposition (if applicable);
  • Form I-601, Application for Waiver of Grounds of Inadmissibility (if applicable);
  • Note: Certain forms, including Form I-485, have a filing fee. You need to submit the correct filing fee for each form, unless you are exempted or eligible for a fee waiver. Please visit the USCIS’ Filing Fees and Fee Schedule for more information.

IV) Derivative Applicants

They are the family members of the Principal applicant- known as the derivative applicant (a spouse or child). You should submit the following evidence in order to apply for a Green Card under an employment-based immigrant category and the applicant has to be present in the U.S. at the time of filing the application-

  • Form I-485, Application to Register for a toms and Border Protection (CBP) admission or parole stamp on the trav Permanent Residence or Adjust Status;
  • Evidence showing your relationship to the principal applicant, such as marriage certificate, birth certificate, or adoption documents;
  • Copy of the Form I-797, Approval or Receipt Notice,
  • Two passport-size photographs;
  • Government- ID having a photograph;
  • Proof of birth - Copy of your birth certificate;
  • Copy of your Valid passport page
  • Copy of Form I-94, Arrival/Departure Record or document copy of the U.S. Customs and Border Protection (CBP), admission or parole stamp on the travel document (if applicable)
  • Proof that you have continuously maintained a lawful status since arrival in the U.S. (or that you are exempt under INA 245(k));
  • Form I-864, Affidavit of Support Under Section 213A of the INA
  • Form I-693, Report of Medical Examination and Vaccination Record
  • Certified police and court records of convictions (if applicable);
  • In case if applicable: Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal
  • If you currently have the following - A, G, or E non-immigrant status, include the Form I-508, Request for Waiver of Rights, Privileges, Exemptions and Immunities. Additionally, if you are a French resident, you might also need to include Form I-508F;
  • Form I-566, Interagency Record of Request – A, G or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G or NATO Status (only if you have A, G, or NATO non-immigrant status);

Key References:

  • Instructions for Form I-864 (PDF, 296 KB)
  • www.cbp.gov/I94
  • Form I-485, Application to Register Permanent Residence or Adjust Status
  • INA 203(b)(1)-(3) – Preference Allocation for Employment-Based Immigrants
  • INA 212(a) – Classes of Aliens Ineligible for Visas or Admission
  • INA 245 – Adjustment of Status of Non-immigrant to that of a Person Admitted for Permanent Residence
  • 8 CFR 245 - Adjustment of Status to that of a Person Admitted for Permanent Residence
  • USCIS Policy Manual, Volume 7, Part A, Adjustment of Status Policies and Procedures
  • USCIS Policy Manual, Volume 7, Part B, 245(a) Adjustment
  • USCIS Policy Manual Volume 8, Admissibility
  • USCIS Policy Manual Volume 9, Waivers
From Saturday to Thursday (8.00 AM to 8.00 PM)

Have a Question? Ask our Expert

Call: +97143577796

Enter your information

Choose the Destination to migrate