Employment Based Immigration

This article is a guide of the basic framework for the employment based green card requirements for the first three categories. Contact Columbus, Ohio Immigration Lawyer to schedule a consultation to discuss your employment based green card case today. 

First Preference Employment Category

The three subgroups within the first preference employment based green card category include persons with extraordinary ability, outstanding professors or researchers, or multinational executives or managers. The Immigration and Nationality Act (“INA”) § 203(b)(1) allocates 28.6 percent of the total number of employment based immigrant visas per year to these three subgroups in the EB-1 classification.

A priority worker must be the beneficiary of an approved Form I-140, Immigrant Petition for Foreign Worker. You may not need a job offer depending on the subgroup to which you qualify. Aliens of extraordinary ability may self-petition, meaning that they do not have to have a job offer or a labor certification as long as they are entering the U.S. to continue work in the field in which they have extraordinary ability. The employer for both outstanding professors researchers and multinational managers/executives must provide a job offer and file Form I-140 with USCIS. The Form I-140 is filed with USCIS with detailed documentary evidence.

Second Preference Employment Category

(EB-2) Professionals Holding Advanced Degrees and Persons of Exceptional Ability

The second preference employment based green card category generally requires a job offer and approved labor certification. There are two subgroups within the EB-2 category including members of the professions holding an advanced degree or its equivalent, or foreign nationals who have exceptional ability. You may be except from the job offer and labor certification process by applying for a National Interest Waiver, if you will serve the national interest. By statute, 28.6 percent of the total number of employment based immigrant visas per year are allocated to the EB-2 category. The regulations for EB-2 workers are found at 8 C.F.R. § 204.5(k).

Third Preference Employment Category

(EB-3) Skilled Workers, Professionals, and Other Workers

By statute, 28.6 percent of the total number of employment based green cards per year are allocated to the third preference workers in the following three sub-categories:

1. “Skilled workers” (at least two years of training or experience required);
2. “Professionals” (baccalaureate degree, or a foreign equivalent, required for position and foreign national); and
3. “Other workers” (less than two years’ experience required for position).

There is a enormous backlog of visas for the EB-3 other workers category. Check the Department of State’s visa bulletin to determine the extent of the visa backlog. The regulations for EB-3 workers are found at 8 CFR 204.5(l).