Permanent Workers (Employment Based Green Cards)

The United States makes about 140,000 immigrant visas available each year for foreign nationals (and their spouses and children) who wish to come to the United States based on a particular job skill. It is necessary that a job offer from a U.S. employer already exists and that the employer is willing to sponsor the application. It is also necessary to demonstrate skills, education and/or work experience as well as other eligibility requirements.

A Labor Certification is also necessary in many cases. It is issued by the Department of Labor and it must be obtained by the employer prior to submitting an immigration petition on behalf of the foreign worker. This certificate shows that “there are not enough U.S. workers who are able, willing, qualified, and available in the geographic area where the immigrant is to be employed and that no American workers are displaced by foreign workers”. In other words, it is necessary to prove that you are not taking away a job that could be done by an available American worker with the same qualifications.

There are different Visa Preference Categories depending on the job skills in which the application is based on:

First Preference EB-1: For persons of extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors or researchers; and multinational executives and managers.

Second Preference EB-2: For persons who are members of the professions holding advanced degrees or for persons with exceptional ability in the arts, sciences or business.

Third Preference EB-3: For professionals, skilled workers, and other workers.

Fourth Preference EB-4: For “special immigrants,” which includes certain religious workers, employees of U.S. foreign service posts, retired employees of international organizations, alien minors who are wards of courts in the United States, and other classes of aliens.

Fifth Preference EB-5: For business investors who invest $1 million or $500,000 (if the investment is made in a targeted employment area) in a new commercial enterprise that employs at least 10 full-time U.S. workers.

At Cohen & Forman, our Business Immigration Department can handle all aspects of a permanent worker visa petition. Whether you are an employee or an employer who wishes to apply under this category, contact us for a consultation today.