Permanent Residency Status 'The Greencard'

A green card based on employment grants a permanent residence visa and is available, on a preferential basis, to many workers. The preferential basis divides employees into various categories, the highest stratum including those with extraordinary ability, managers and executives.

Professionals with advanced degrees or those with exceptional ability in the sciences, arts or business fall into the Second Preference Priority Worker category for permanent residence status.

The Third Preference Workers are professionals with basic degrees, skilled workers and "other workers" who have less than two years of relevant experience.

Following is a more detailed explanation of these three categories and their subparts:

 

 Preference List

 

 First Preference

Those given First Preference must be employed as or demonstrate:

Extraordinary Ability
Prospective immigrants who can demonstrate "extraordinary ability and achievements in the arts, sciences, business or athletics" and who wish to enter the US to continue to work in their field can apply for these visas on their own behalf. They do not require a job offer or Labor Certification from a US employer.

Outstanding Professors and Researchers
Potential immigrants with at least 3 years experience in teaching or research in their field entering a residency or "comparable research position" in academics or in private industry. This does not require the employer to obtain Labor Certification.

Multinational Executives or Managers
Executives or managers who have at least 1 year of qualifying experience as an overseas executive or manager within the past 3 years with their sponsoring employer. This does not require Labor Certification and is very similar to the L non-immigrant visa.

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 Second Preference
 

Those given Second Preference must be employed as or demonstrate:

Advanced Degree Professionals
This applies to members of the professions holding advanced degrees such as a Master's degree or higher (or an equivalent) who receive sponsorship from a US employer.

Labor Certification, that is, approval by the Department of Labor is required, unless the applicant can establish that their admission will be in the national interest.

In some cases, "self-employed" individuals may qualify in this category.

Exceptional Ability
Immigrants who can establish exceptional (as opposed to extraordinary) ability in the arts, sciences, or business who are sponsored by a US employer.

A Labor Certification approval from the Department of Labor is generally required unless the applicant can establish that their admission will be "in the national interest" .

In some cases self-employed individuals may qualify in this category.

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 Third Preference

Those given Third Preference must be employed as:

Professionals
This visa covers members of "professions" who are sponsored by a US employer. A profession is defined as an occupation which has as a minimum requirement of a four-year US college degree in a field specific to that occupation.

Labor Certification approval from the Department of Labor is required.

Skilled Workers
These are workers whose jobs require a minimum of two years specialized training or experience who are sponsored by a US employer.

Labor Certification approval from the Department of Labor is required.

Other Workers
Workers whose jobs require less than two years of specific training or experience who are sponsored by a US employer. There are extremely long waiting lists for this type of immigrant visa.

Labor Certification approval from the Department of Labor is required.

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 EB-5 Visa for Investors in the United States Economy

Permanent resident status based on EB-5 eligibility is available to investors, either alone or coming with their spouse and unmarried children. Eligible aliens 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. Essentially, a foreign national is eligible if they undertake one of the following actions:

If you are currently an investor or have been an investor in the U.S. economy and you fulfill any of the above general requirements, please contact O'Brien & Associates for assistance.

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