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(EB 1 - 5)
Description:
- Permanent residency petition for an employee, provided that it can be demonstrated through a labor certification
process (except for first preference aliens and national interest waivers) that:
- - The alien employee will not be taking any jobs from U.S. citizens, and
- The salary and conditions of the job offered are the prevailing in the industry and location and therefore will
not negatively impact the wages and labor conditions for U.S. citizens.
- EB-1 - The First Preference includes:
- - Aliens of Extraordinary Ability in the sciences, arts, education, business, or athletics; such as outstanding
researchers, professors, artists, executives, athletes, etc.
- Candidates in the first preference can petition for permanent residency without a sponsor and without going
through the lengthy labor certification process.
EB-2 - The Second Preference includes:
- - Aliens holding advanced degrees or with exceptional training and ability.
- Qualified alien physicians who will practice medicine in underserved areas of the U.S. More information on
the National Interest Waiver for Physicians in Underserved Areas
If the alien can demonstrate that his/her residency is in the national interest of the U.S., a national interest waiver may
be obtained, waiving the job offer and LCA requirements.
EB-3 - The Third Preference includes:
- - Professionals (with a minimum of a bachelor degree or its foreign equivalent)
- Skilled workers (workers with at least two years of training or experience performing skilled labor), and
- "Other workers" (all other workers that are not professional or skilled). These workers usually experience
longer waiting periods in the residency quota lines.
EB-4 - The Fourth Preference-Special immigrants & religious workers includes:
- - Religious workers
- Border commuters
- Retired employees of international organizations
- Returning residents
- Employees and former employees of the U.S. government abroad
EB-5 - The Fifth Preference-Employment creation investors includes:
- - Investors in new companies employing 10 or more workers, investing at least $500,000 in "targeted
employment areas" (area s with unemployment of at least 150% of the national average).
- Investors in new companies employing 10 or more workers, investing at least $1,000,000 in any location.
There are only 10,000 visas per year for this preference category, 3,000 of which at least have to be assigned
for investors in targeted employment areas.
- To be eligible for an Employment Based Residency, the foreign alien beneficiary must meet all of the criteria in one of
the three following categories:
- Category I:
- - Must be living in the U.S. on or before December 18, 2000 (According to the former INA §245(i) law.
Currently there are more than one proposed amendment to this statute which impose different statuatory date
limitations for filing. Therefore it is advisable to initiate this procedure as soon as possible if the requirements
are fulfilled).
- Must have never left the U.S. without permission of the The US Immigration Service
- Must have an offer of employment from a U.S. employer, who has agreed to sponsor the beneficiary for the
residency
- Must receive a salary equal to or above the prevailing wage offered for such a position in the State in which
the job will be performed
- Must have the sponsorship of a U.S. employer
- Category II:
- - Must be lawfully present in the U.S. on a current nonimmigrant visa
- Must not have violated conditions of nonimmigrant visa
Category III:
- - Must be residing outside the U.S.
- Must not have been previously deported or removed from the U.S.
- Must not be subject to an order of removal, exclusion, or deportation
- Once permanent residency is approved it will remain valid as long as the person continues to reside the majority of
the time in the U.S. and complies with the legal conditions for permanent residency.
- Your residency status never expires as long as you continue to meet the residency eligibility conditions as stated in
your residency application. However, the green card (or evidence of permanent residency) expires every 10 years and
it is recommended that it be renewed six months before expiration.
Family Benefits:
- The immediate family of the applicant is eligible to obtain permanent residency with all its benefits, at the same time
the applicant receives it, if they are included in the petition at the time of making the adjustment of status. Permanent
residency allows all family members to legally live, study and or
work in the U.S..
What Documentation Do I Need?
- - Birth certificate of all beneficiaries
- Copy of passport
- Copy of I-94 form (if alien is already in the U.S. and for family members already in U.S.)
- Copy of alien's last three years of tax returns
- Alien's resume
- Copies of alien's educational certificates and diplomas
- Letters of recommendation from:
- Present employer
- Previous employer(s)
- Previous instructors/professors (if possible)
- A complete job description including, duties and responsibilities as well as minimum
experience and education required for position
- A letter of employment from sponsor including position and salary offered
- Sponsor employer's information:
- Address, telephone, and fax numbers
- Tax ID number
- Name and title of direct supervisor
- Number of employees
- Description of recruitment efforts to date
- Description of business and start date of the business
- Any other information available on the business such as marketing brochures, sales
presentations, web site, etc.
- Marriage certificate (if applicable)
- Divorce certificate (if applicable)
There are three major stages to the employment based residency process:
- Stage One:
- Approval by the Department of Employment at the State level including:
- - Prevailing Wage
- Form ETA 750 A & B & Form G-28
- Job Description & Offer of Employment
- Advertisement from Newspaper (generally $350.00-$650.00)
The state Department of Employment will review the case and determine whether the beneficiary has the
skills and ability to perform the job and whether the pay is fair. Once the case is approved it will be filed with
the U.S. Dept. of Labor.
This stage takes approximately 6-12 months depending on the preference level of employee and the volume
at the specific department of employment
Stage Two:
- Approval by the Department of Labor at the Federal level including:
- - ETA 750 A
- ETA 750 B
- Approval notification from Department of Employment
The U.S. Dept. of Labor will review the state Department of Employment approval and will determine whether
the petitioner's employment will have a negative impact on American workers nationwide. Once the case is
approved here, it gets filed with the appropriate The US Immigration Service Service Center.
This stage takes approximately 3-8 months depending on the preference level of employee and the volume of
work at the Department of Labor at the time the case is transferred there.
Stage Three:
- Approval at the The US Immigration Service Service Center, including:
- - Approval from the State Department of Employment & Approval from U.S. Department of Labor
- Form I-140, I-485, and medical exam results, work authorization application filed with the The US
Immigration Service Service Center with appropriate filing fees (click here for The US Immigration
Service fee schedule)
- Once the case is approved by the appropriate The US Immigration Service Service Center, the green
card is issued and sent to the beneficiary.
This stage takes approximately 300 days depending on the preference level of employee and the volume of
work at the specific The US Immigration Service center at the time the case is filed there.
content. No attorney/client relationship exists as a result of an individual or entity reading or utilizing the contents of these
pages. If you want actual legal advice you should call or visit a licensed attorney.
Licensed by the Texas Supreme Court. Not Certified by the Texas Board of Legal Specialization in any Particular Area.
