Employment-Based Immigration
U.S. immigration law provides noncitizens who seek to immigrate and live permanently in the United States an opportunity to become lawful permanent residents (get a Green Card) in the United States through employment.
The employment-based (EB) “preference immigrants” are divided into five categories. Immigrant visas for these preference categories are numerically limited annually and, therefore, not always immediately available. The total employment-based immigrant visa number annual limit, which consists of 140,000 immigrant visas plus the unused family-sponsored immigrant visa numbers from the previous fiscal year, is divided between these five preference categories based on fixed percentages by statute.
Application Process
Some employment-based preference categories require noncitizens to have a job offer from a U.S. employer or prospective U.S. employer (sponsor), while others allow noncitizens to self-petition.
In general, employers filing EB-2 and EB-3 petitions must obtain an approved permanent labor certification application from the U.S. Department of Labor (DOL) on behalf of the beneficiary before filing a Form I-140, Immigrant Petition for Alien Worker with USCIS. Noncitizens seeking EB-2 classification and a National Interest Waiver (NIW) may, however, self-petition and not be subject to the labor certification requirement.
Adjustment of Status v. Consular Processing
Generally, once USCIS approves the immigrant petition and an immigrant visa number is immediately available, the noncitizen may apply to become a lawful permanent resident through adjustment of status or consular processing.
A visa is immediately available to all qualified adjustment of status applicants and overseas immigrant visa applicants when the applicant’s priority date is earlier than the cut-off date shown for the employment-based classification being sought and the applicant’s country of chargeability (usually the country of birth) in the applicable chart in the Visa Bulletin.
If the employment-based preference category requires a labor certification from DOL, the priority date is the date DOL accepts the labor certification application for processing. For preference categories that do not require a permanent labor certification by DOL, the date USCIS accepts the petition for processing is the priority date.
Eligibility Criteria for Adjustment of Status
Most employment-based preference categories allow applicants and their eligible family members who live in the United States to file Form I-485, Application to Register Permanent Residence or Adjust Status, and the immigrant visa petition at the same time or after filing the immigrant visa petition but while the petition remains pending (known as “concurrent filing”) or after the Form I-140 is approved (and remains valid), provided that a visa number is immediately available and they meet all other eligibility requirements.
Consular Processing
If the noncitizen lives outside the United States or lives in the United States but chooses to apply for an immigrant visa at a U.S. Department of State embassy or consulate abroad (known as consular processing), USCIS will send the approved petition to the Department of State’s National Visa Center (NVC) for immigrant visa pre-processing. As the immigrant visa number is likely to become available soon, the applicant may submit the required documents to the NVC following receipt of notification from the NVC. The NVC will hold the visa petition until an interview can be scheduled at a U.S. Embassy or Consulate.
Immigration pathways for professionals seeking to broaden their horizons by immigrating to the United States are quite a few, and choosing the right one demands an in-depth analysis of one’s background and career objectives.
To learn how ImmiThrive Law Firm can help (prospective) employers and immigrants discover the tailored path to success, book your consultation now.
Employment-Based Immigration
U.S. immigration law provides noncitizens who seek to immigrate and live permanently in the United States an opportunity to become lawful permanent residents (get a Green Card) in the United States through employment.
The employment-based (EB) “preference immigrants” are divided into five categories. Immigrant visas for these preference categories are numerically limited annually and, therefore, not always immediately available. The total employment-based immigrant visa number annual limit, which consists of 140,000 immigrant visas plus the unused family-sponsored immigrant visa numbers from the previous fiscal year, is divided between these five preference categories based on fixed percentages by statute.
Application Process
Some employment-based preference categories require noncitizens to have a job offer from a U.S. employer or prospective U.S. employer (sponsor), while others allow noncitizens to self-petition.
In general, employers filing EB-2 and EB-3 petitions must obtain an approved permanent labor certification application from the U.S. Department of Labor (DOL) on behalf of the beneficiary before filing a Form I-140, Immigrant Petition for Alien Worker with USCIS. Noncitizens seeking EB-2 classification and a National Interest Waiver (NIW) may, however, self-petition and not be subject to the labor certification requirement.
Adjustment of Status v. Consular Processing
Generally, once USCIS approves the immigrant petition and an immigrant visa number is immediately available, the noncitizen may apply to become a lawful permanent resident through adjustment of status or consular processing.
A visa is immediately available to all qualified adjustment of status applicants and overseas immigrant visa applicants when the applicant’s priority date is earlier than the cut-off date shown for the employment-based classification being sought and the applicant’s country of chargeability (usually the country of birth) in the applicable chart in the Visa Bulletin.
If the employment-based preference category requires a labor certification from DOL, the priority date is the date DOL accepts the labor certification application for processing. For preference categories that do not require a permanent labor certification by DOL, the date USCIS accepts the petition for processing is the priority date.
Eligibility Criteria for Adjustment of Status
Most employment-based preference categories allow applicants and their eligible family members who live in the United States to file Form I-485, Application to Register Permanent Residence or Adjust Status, and the immigrant visa petition at the same time or after filing the immigrant visa petition but while the petition remains pending (known as “concurrent filing”) or after the Form I-140 is approved (and remains valid), provided that a visa number is immediately available and they meet all other eligibility requirements.
Consular Processing
If the noncitizen lives outside the United States or lives in the United States but chooses to apply for an immigrant visa at a U.S. Department of State embassy or consulate abroad (known as consular processing), USCIS will send the approved petition to the Department of State’s National Visa Center (NVC) for immigrant visa pre-processing. As the immigrant visa number is likely to become available soon, the applicant may submit the required documents to the NVC following receipt of notification from the NVC. The NVC will hold the visa petition until an interview can be scheduled at a U.S. Embassy or Consulate.
Immigration pathways for professionals seeking to broaden their horizons by immigrating to the United States are quite a few, and choosing the right one demands an in-depth analysis of one’s background and career objectives.
To learn how ImmiThrive Law Firm can help (prospective) employers and immigrants discover the tailored path to success, book your consultation now.
Employment-Based Immigration
U.S. immigration law provides noncitizens who seek to immigrate and live permanently in the United States an opportunity to become lawful permanent residents (get a Green Card) in the United States through employment.
The employment-based (EB) “preference immigrants” are divided into five categories. Immigrant visas for these preference categories are numerically limited annually and, therefore, not always immediately available. The total employment-based immigrant visa number annual limit, which consists of 140,000 immigrant visas plus the unused family-sponsored immigrant visa numbers from the previous fiscal year, is divided between these five preference categories based on fixed percentages by statute.
Application Process
Some employment-based preference categories require noncitizens to have a job offer from a U.S. employer or prospective U.S. employer (sponsor), while others allow noncitizens to self-petition.
In general, employers filing EB-2 and EB-3 petitions must obtain an approved permanent labor certification application from the U.S. Department of Labor (DOL) on behalf of the beneficiary before filing a Form I-140, Immigrant Petition for Alien Worker with USCIS. Noncitizens seeking EB-2 classification and a National Interest Waiver (NIW) may, however, self-petition and not be subject to the labor certification requirement.
Adjustment of Status v. Consular Processing
Generally, once USCIS approves the immigrant petition and an immigrant visa number is immediately available, the noncitizen may apply to become a lawful permanent resident through adjustment of status or consular processing.
A visa is immediately available to all qualified adjustment of status applicants and overseas immigrant visa applicants when the applicant’s priority date is earlier than the cut-off date shown for the employment-based classification being sought and the applicant’s country of chargeability (usually the country of birth) in the applicable chart in the Visa Bulletin.
If the employment-based preference category requires a labor certification from DOL, the priority date is the date DOL accepts the labor certification application for processing. For preference categories that do not require a permanent labor certification by DOL, the date USCIS accepts the petition for processing is the priority date.
Eligibility Criteria for Adjustment of Status
Most employment-based preference categories allow applicants and their eligible family members who live in the United States to file Form I-485, Application to Register Permanent Residence or Adjust Status, and the immigrant visa petition at the same time or after filing the immigrant visa petition but while the petition remains pending (known as “concurrent filing”) or after the Form I-140 is approved (and remains valid), provided that a visa number is immediately available and they meet all other eligibility requirements.
Consular Processing
If the noncitizen lives outside the United States or lives in the United States but chooses to apply for an immigrant visa at a U.S. Department of State embassy or consulate abroad (known as consular processing), USCIS will send the approved petition to the Department of State’s National Visa Center (NVC) for immigrant visa pre-processing. As the immigrant visa number is likely to become available soon, the applicant may submit the required documents to the NVC following receipt of notification from the NVC. The NVC will hold the visa petition until an interview can be scheduled at a U.S. Embassy or Consulate.
Immigration pathways for professionals seeking to broaden their horizons by immigrating to the United States are quite a few, and choosing the right one demands an in-depth analysis of one’s background and career objectives.
To learn how ImmiThrive Law Firm can help (prospective) employers and immigrants discover the tailored path to success, book your consultation now.
First Preference (EB-1) is reserved for "priority workers," including individuals of extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors and researchers; and certain multinational executives or managers.
Employment-Based First Preference EB-1
01
02
Second Preference (EB-2) is reserved for individuals who are members of the professions holding advanced degrees or for individuals with exceptional ability in the sciences, arts, or business.
Employment-Based Second Preference EB-2
Third Preference (EB-3) is reserved for "skilled workers" whose jobs require a minimum of two years training or experience, not of a temporary or seasonal nature; "professionals" whose jobs require at least a U.S. baccalaureate or a foreign equivalent degree; and "other workers" who demonstrate the ability to perform unskilled labor that requires less than two years training or experience, not of a temporary or seasonal nature.
Employment-Based Third Preference EB-3
03
Fourth Preference (EB-4) is reserved for "special immigrants," which includes various categories of noncitizens, including but not limited to special immigrant juveniles (SIJs), religious workers, certain broadcasters, certain employees of the U.S. government who are abroad, and Afghan or Iraqi nationals who worked with the U.S. armed forces or under Chief of Mission authority as a translator or interpreter.
Employment-Based Fourth Preference EB-4
04
Fifth Preference (EB-5) is reserved for investors and entrepreneurs who have invested or are actively in the process of investing a substantial amount of capital in a new commercial enterprise in the United States that creates or preserves permanent full-time jobs for at least ten qualified U.S. workers.
Employment-Based Fifth Preference EB-5
05
Bespoke Solutions
Whether you are seeking visa or visa sponsorship, applying for citizenship, considering humanitarian pathways, or facing removal proceedings in the United States, ImmiThrive is committed to providing responsive counsel throughout all steps in the process. As a boutique immigration law firm, we pride ourselves on delivering personalized and insightful guidance and strategic advice that reflects your goals and objectives.
01
First Preference (EB-1) is reserved for "priority workers," including individuals of extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors and researchers; and certain multinational executives or managers.
02
Second Preference (EB-2) is reserved for individuals who are members of the professions holding advanced degrees or for individuals with exceptional ability in the sciences, arts, or business.
03
Third Preference (EB-3) is reserved for "skilled workers" whose jobs require a minimum of two years training or experience, not of a temporary or seasonal nature; "professionals" whose jobs require at least a U.S. baccalaureate or a foreign equivalent degree; and "other workers" who demonstrate the ability to perform unskilled labor that requires less than two years training or experience, not of a temporary or seasonal nature.
04
Fourth Preference (EB-4) is reserved for "special immigrants," which includes various categories of noncitizens, including but not limited to special immigrant juveniles (SIJs), religious workers, certain broadcasters, certain employees of the U.S. government who are abroad, and Afghan or Iraqi nationals who worked with the U.S. armed forces or under Chief of Mission authority as a translator or interpreter.
05
Fifth Preference (EB-5) is reserved for investors and entrepreneurs who have invested or are actively in the process of investing a substantial amount of capital in a new commercial enterprise in the United States that creates or preserves permanent full-time jobs for at least ten qualified U.S. workers.
Bespoke Solutions
Whether you are seeking visa or visa sponsorship, applying for citizenship, considering humanitarian pathways, or facing removal proceedings in the United States, ImmiThrive is committed to providing responsive counsel throughout all steps in the process. As a boutique immigration law firm, we pride ourselves on delivering personalized and insightful guidance and strategic advice that reflects your goals and objectives.
First Preference (EB-1) is reserved for "priority workers," including individuals of extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors and researchers; and certain multinational executives or managers.
Employment-Based First Preference EB-1
01
02
Second Preference (EB-2) is reserved for individuals who are members of the professions holding advanced degrees or for individuals with exceptional ability in the sciences, arts, or business.
Employment-Based Second Preference EB-2
Third Preference (EB-3) is reserved for "skilled workers" whose jobs require a minimum of two years training or experience, not of a temporary or seasonal nature; "professionals" whose jobs require at least a U.S. baccalaureate or a foreign equivalent degree; and "other workers" who demonstrate the ability to perform unskilled labor that requires less than two years training or experience, not of a temporary or seasonal nature.
Employment-Based Third Preference EB-3
03
Fourth Preference (EB-4) is reserved for "special immigrants," which includes various categories of noncitizens, including but not limited to special immigrant juveniles (SIJs), religious workers, certain broadcasters, certain employees of the U.S. government who are abroad, and Afghan or Iraqi nationals who worked with the U.S. armed forces or under Chief of Mission authority as a translator or interpreter.
Employment-Based Fourth Preference EB-4
04
Fifth Preference (EB-5) is reserved for investors and entrepreneurs who have invested or are actively in the process of investing a substantial amount of capital in a new commercial enterprise in the United States that creates or preserves permanent full-time jobs for at least ten qualified U.S. workers.