Business Based Green Cards
What to know about Business Based Green Cards!
An employer who wants to employ a foreign-born worker in the U.S. may file an employer petition on behalf of the foreign national. When the petition is approved the foreign national applies for an immigrant visa (if outside the U.S.), or to adjust status (if in the U.S.) and will get a green card,
Some categories of business immigrant visas require the foreign national to have a sponsoring U.S. employer while some categories do not. Some categories of immigrant visas require that the employer conduct a test of the job market(to determine if there are available U.S. workers), and some do not.
EB-1
EB-1 – Aliens of Extraordinary Ability
EB-1 – Aliens of Extraordinary Ability. Foreign nationals with extraordinary ability in the sciences, arts, education, business or athletics, whose achievements must be shown through national or international acclaim. The foreign national will continue to work in his area of extraordinary ability and his entry must be of substantial benefit to the U.S
EB-2
EB-2 – Members of Professions Holding Advanced Degrees
Aliens of Exceptional Ability. Members of professions who hold advanced degrees or their equivalent, or who due to their exceptional ability in the sciences, arts or business will substantially benefit the economy of the U.S. A labor certification is usually required for this category, but may be WAIVED if it is in the national interest to waive.
EB-3
EB-3 – Professionals, Skilled and Other Workers
The vast majority of foreign nationals seeking to live in the U.S. do so through an employment-based petition. It includes professionals with a first degree, skilled workers, as well as workers who have less than two years of training and work experience. A labor certification, as well as a job offer are required.
○ Certain professions (nurses, physical therapists, persons of exceptional ability in the sciences, arts and performing arts) are EXEMPTED from the labor certification process as they are pre-determined not to require a test of the labor certification
EB-4
EB-4 – Special Immigrants
A mixed-bag category, some members of which can petition for themselves. Others need a petition to be filed for them by an employer. Included in this category are permanent residents who have stayed out of the US for a long time and who are seeking to have their permanent residence restored; abused spouses/parents/children of US citizens or permanent residents; juveniles who are under the custody of the courts; religious ministers and other non-minister religious workers; certain translators who have worked abroad with the U.S. Armed Forces. It is a category with a lot of sub-categories.