Employment-Based Permanent Residence Petitions

EB1: Priority workers -

a minimum of up to 28.6 percent of worldwide level of visa is allocated to this category

1. Foreign nationals with extraordinary ability in the sciences, arts, education, business, or athletics who continue work in the area of extraordinary ability, and their work in the United States will substantially benefit the country in future

  • Haranlaw

    Extraordinary ability must be demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation,

  • Haranlaw

    Physicians willing to work for public interest, in medically underserved areas or at a health care facility associated with Veterans Affairs Administration can benefit from this provision.

Nonimmigrant Visa

Visa is a government permission to enter a country and is normally obtained at the Consulate. A visa is not an assurance that the foreign national will be allowed to enter the United States. The person is admitted into the United States only when the immigration officer at the port of entry grants permission to enter.

2. Foreign national professors and researchers with outstanding ability and international reputation, coming to the United States – a minimum of 3 years of experience as a professor or researcher is a prerequisite.

  • Haranlaw

    for a tenure track position to teach at a university or other institutions of higher education

  • Haranlaw

    for a researchers or comparable position with a university or other institutions of higher education or with a private employer at its reputable research facility.

3. Multinational executives and managers. If in the last three years you were employed for at least 1 year by an entity or its affiliate or subsidiary and you would like to come to the United States to work for the same employer, its subsidiary or affiliate as its manager or executive.


EB2: Exceptional Ability or Advanced Degree Professionals -

a minimum of up to 28.6 percent of worldwide level of visa is allocated to this category.

Professionals with advanced or its equivalent degree or with exceptional ability in science, arts or business that would benefit United States having an employment offer in the United States. Labor Certification is required unless a waiver is granted i.e. National interest waiver.

  • National Interest Waiver - employment offer from a U.S. employer can be waived in the National Interest.

EB3: Skilled and other workers & professionals -

a minimum of up to 28.6 percent of worldwide level of visa is allocated to this category.

  • Work should not be of temporary or seasonal nature,- at least 2 years training or experience and prime requisite is Labor Certification.

EB5: Investors -

entrepreneurs investing $ 1 million or $500K in a targeted employment area (TEA), in a new business employing 10 workers are eligible for permanent residence. This money should be placed at risk in a viable business.

  • Haranlaw

    Upon approval the investor receives a two-year conditional green card. Conditional status is removed and regular permanent residence status with a ten year green card is granted when USCIS determines that the investment created 10 jobs and the business is doing well.

  • Haranlaw

    Conditional permanent resident must apply towards the end of the two years for removal of condition.

  • Haranlaw

    This permanent residence category is targeted to draw in risk taking people and explains why it carries burdensome requirements.

AC-21 Porting: changing jobs or employer pending decision of permanent residence application.


When to apply for permanent residence?

New Decision: Who could claim porting?

Employers can now rightfully question error in adjudicating the prior employer's I-140 petition although this affects the foreign national employee's ability to port the earlier priority date.

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