Employment Based GC Categories
EB1 - Extraordinary Ability
If your occupation is in the sciences, arts, education, business, or athletics, and you "are one of the small percentage who have risen to the very top of your field", then you may be able to qualify under the "EB-1 Individuals with Extraordinary Ability" category, provided that you meet certain criteria.
The major advantage of this category is that you do not need to go through the Labor Certification (PERM) procedure, and you do not even need a U.S. company to "sponsor" you. Instead, you can self-petition. Further, this category is usually not backlogged, in terms of "priority date". Therefore, if one qualifies, this is usually an advantageous category to apply for U.S. Permanent Residency.
In order to make a case based on "extraordinary ability", you must have either (A) Received a major internationally recognized award, such as a Nobel Prize; OR, (B) satisfy at least three of the following criteria:
- Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor
- Membership in associations in the field which require outstanding achievements as judged by recognized national or international experts
- Published material about you in professional or major trade publications or other major media
- Participation on a panel or individually as a judge of the work of others in the field or an allied field
- Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field
- Authorship of scholarly articles in the field, in professional or major trade publications or other major media
- Display of your work at artistic exhibitions or showcases
- Evidence that you have performed in a leading or critical role for organizations or establishments that have a distinguished reputation
- Evidence that you have commanded a high salary or other high remuneration for services
- Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales
- Comparable evidence where the above standards do not readily apply
However, it is important to note that the USCIS must be satisfied that a case has been made that you "are one of the small percentage who have risen to the very top of your field," and the fact that you show three of these criteria, does not in itself establish that fact.
EB2 - Advanced Degree
If you possess an advanced degree (i.e., generally considered to be a "Masters Degree" or higher), or an equivalent foreign degree, and you have a U.S. employer who is offering you a full time position which requires that type of degree (this may be waived in the National Interest), then you may be able to qualify for U.S. Permanent Residency under the EB-2 category for individuals with "ADVANCED DEGREES".
A key advantage of the EB-2 category is that it tends to have a more current priority date than the EB-3 category. Another key advantage is that if you qualify for a National Interest waiver of the job offer, you do not need to go through the Labor Certification process, thereby making the process considerably faster than the EB-3 category, and you may also be able to self-petition (if you obtain the National Interest waiver of the job offer).
The main requirements for the EB-2 Advanced Degree category are as follows:
- You must possess a U.S. advanced degree (i.e., generally considered to be a "Masters Degree" or higher), or an equivalent foreign degree; and
- A LABOR CERTIFICATION obtained by the petitioning U.S. employer which must offer you a full time position in your field, unless you have obtained a WAIVER of the labor certification in the NATIONAL INTEREST in which case you may also be able to self-petition.
Note that if you are a health care worker, it may be necessary for you to obtain the necessary health care certification (e.g., Commission on Graduates of Foreign Nursing Schools (CGFNS)).
PHYSICIANS have a special provision which allows them to obtain a National Interest Waiver of the labor certification requirement if the physician agrees to work full time in a designated by the Health and Human Service (HHS) as a health professional shortage area or in a Veterans Administration (VA) hospital for a designated number of years, and a federal agency or a state department of public health has determined that the physician's work is in the public interest. This provision may be less advantageous now, however, that the PERM Labor Certification is less time consuming that the previous Labor Certification system.
EB3 - Professional or Skilled Workers
If you have job skills which require at least 2 years of training or experience, or you have a combination of education and experience which is the equivalent of a bachelor's degree, AND you have a U.S. employer who is offering you a full time position which requires those types of skills or degree, then you may be able to qualify for U.S. Permanent Residency under the EB-3 category for "SKILLED WORKERS".
The EB-3 "SKILLED WORKERS" category is frequently used employment based categories. However, because of its popularity, it is sometimes oversubscribed, resulting in backlogs. Second, it absolutely requires a labor certification which can not be waived. The only other alternative to a Labor Certification is pre-certification is the job is classified in the Labor Department's Schedule A (e.g., for nurses and physical therapists).
The basic requirements for the EB-3 "SKILLED WORKERS" category are as follows:FIRST: you must meet the educational, training, or experience and any other requirements of the job offered obtained by the employer;
SECOND: you must have a U.S. employer who is offering you a full time job which requires skills which need at least 2 years of training or experience, or require a bachelor's degree; and
THIRD: your employer must obtain a LABOR CERTIFICATION (PERM) on your behalf for the job position (unless the occupation qualifies under the Labor Department's Schedule A, which qualify as being pre-certified, e.g., for nurses and physical therapists).
Note that if you are a health care worker, it may be necessary for you to obtain the necessary health care certification (e.g., Commission on Graduates of Foreign Nursing Schools (CGFNS)).
EB3 - Unskilled Workers
If you are capable of performing unskilled labor and you have an employer who is offering you a full time job: you may be able to qualify for U.S. Permanent Residency based on the EB-3 "Unskilled Workers" category PROVIDED that the job is NOT on the Labor Department's "Schedule B", and a visa is available.
The major problem with the EB-3 "Unskilled Workers" category is that the category is often oversubscribed because there are few visas actually assigned to this category. As a result, the waiting period often runs to many, many years.
The basic requirements for the EB-3 "Unskilled Workers"" category are as follows:
FIRST: you must be capable of performing unskilled labor;
SECOND: you must have a U.S. employer who is offering you a full time job involving unskilled labor which is NOT on the Labor Department's "Schedule B"; and
THIRD: your employer must obtain a LABOR CERTIFICATION (PERM) on your behalf for the job position.
EB4 - Religious Workers
If you have been a religious worker for at least two years, and are entering the U.S. to work as a religious worker for a religious denomination that has a non-profit religious organization in the U.S., you may be able to qualify for U.S. Permanent Residency based on the EB-4 category.
The EB-4 category is a relatively advantageous category to apply for U.S. Permanent Residency, if you qualify, because it does not require a Labor Certification, and the priority date is usually current.
To qualify as an EB-4 special immigrant religious worker, you must be a member of a religious denomination that has a non-profit religious organization in the United States. You must have been a member of this religious denomination for at least two years before applying for admission to the United States. You must be entering the United States to work:
* As a minister or priest of the religious denomination;
* In a professional capacity in a religious vocation or occupation for the religious organization (a professional capacity means that a U.S. baccalaureate degree or foreign equivalent is required to do this job); or
* In a religious vocation or occupation for the religious organization or its nonprofit affiliate. (A religious vocation means a calling or devotion to religious life. Taking vows can prove that you have a calling to religious life. A religious occupation is an activity devoted to traditional religious functions. Examples of religious occupations include (but are not limited to) cantors, missionaries, and religious instructors.)
You must have been performing this religious work for the past two years.
Note that when you first enter the U.S., you may consider applying for an R-1, religious worker, temporary visa (if you qualify) while you wait for U.S. Permanent Residency status.
Note that other miscellaneous "Special Immigrants" are also often classified as "EB-4".
EB5 - Investors
If you are an active investor in a U.S. enterprise in which you are investing at least $1 million (US), or $500,000 (US) in certain special locations, and the enterprise creates a certain number of jobs, then you may be able to obtain U.S. Permanent Residency under the EB-5 category.
If you qualify for EB-5 status, it can be an advantageous category for obtaining U.S. Permanent Residency because you can self-petition, the priority date is usually current, and you can obtain Conditional Resident status upon filing the EB-5 petition and making the initial showing, thereby often avoiding the necessity of obtaining some type of temporary status while waiting for the Permanent Residency Status. The major disadvantage is the amount of money which must be invested, and the number of jobs which must be created. As a result, some individuals who are from countries which have E visa treaties with the U.S. choose to obtain temporary E visas which they renew indefinitely.
Under U.S. immigration law, 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their investing in a commercial enterprise. This is known as the "EB-5" category.
Permanent resident status based on EB-5 eligibility is available to investors, either alone or coming with their spouse and unmarried children. Eligible foreign nationals are those who have invested -- or are actively in the process of investing -- the required amount of capital into a new commercial enterprise that they have established. They must further demonstrate that this investment will benefit the United States economy and create the requisite number of full-time jobs for qualified persons within the United States.
Upon filing EB-5 and making the initial showing, the foreign national first obtains Conditional Resident status, and the only at the end of the process does the foreign national obtain Permanent Resident status, if the petition is successful.
Schedule B Occupations
Note also that the occupation can NOT be one of the occupations listed in the Labor Department's "Schedule B" list of occupations which the Labor Department has determined can not receive Labor Certifications.
Under the Labor Certification regulations which were in effect prior to March 28, 2005, there were certain occupations which were NOT eligible for Labor Certification because the Labor Department had "determined that there generally [were] sufficient United States workers who are able, willing, qualified and available for" the respective occupations. The occupations are listed below. However, the new PERM Labor Certification has eliminated Schedule B, so that it may now be possible to obtain a Labor Certification for these occupations.
The Labor Department identifies these occupations in its "Schedule B" list as follows:
(1) Assemblers
(2) Attendants, Parking Lot
(3) Attendants (Service Workers such as Personal Service Attendants,
Amusement and Recreation Service Attendants)
(4) Automobile Service Station Attendants
(5) Bartenders
(6) Bookkeepers II
(7) Caretakers
(8) Cashiers
(9) Charworkers and Cleaners
(10) Chauffeurs and Taxicab Drivers
(11) Cleaners, Hotel and Motel
(12) Clerks, General
(13) Clerks, Hotel
(14) Clerks and Checkers, Grocery Stores
(15) Clerk Typists
(16) Cooks, Short Order
(17) Counter and Fountain Workers
(18) Dining Room Attendants
(19) Electric Truck Operators
(20) Elevator Operators
(21) Floorworkers
(22) Groundskeepers
(23) Guards
(24) Helpers, any industry
(25) Hotel Cleaners
(26) Household Domestic Service Workers
(27) Housekeepers
(28) Janitors
(29) Key Punch Operators
(30) Kitchen Workers
(31) Laborers, Common
(32) Laborers, Farm
(33) Laborers, Mine
(34) Loopers and Toppers
(35) Material Handlers
(36) Nurses' Aides and Orderlies
(37) Packers, Markers, Bottlers and Related
(38) Porters
(39) Receptionists
(40) Sailors and Deck Hands
(41) Sales Clerks, General
(42) Sewing Machine Operators and Handstitchers
(43) Stock Room and Warehouse Workers
(44) Streetcar and Bus Conductors
(45) Telephone Operators
(46) Truck Drivers and Tractor Drivers
(47) Typists, Lesser Skilled
(48) Ushers, Recreation and Amusement
(49) Yard Workers