Green Card Through Work


Miami immigration attorney helps you to get a green card through workHow can I get a green card through work?

There are several ways to get an employment-based green card. Here, Miami immigration lawyer Oleg Otten discusses the most common ways of getting a green card through work.

Let’s begin with EB-1.

Who can qualify for EB-1?

  1. People with extraordinary ability
  2. Outstanding professors and researchers
  3. Multinational managers and executives

What are the advantages of EB-1?

  • You may file I-140 and the adjustment of status application at the same time
  • Filing allows you to get immediate work and travel authorization
  • No PERM (Labor Certification) is required, which saves a lot of time and money
  • You can self-petition, meaning you don’t have to find an employer to petition for you as with other types of green card through work

There are three kinds of EB-1: A, B, and C

What is the process for EB-1A?

EB-1A (or EB-1-1) is a two-part process:

  1. You must meet three of 10 criteria listed by the USCIS, and
  2. USCIS will conduct a final merits determination where the government will look at the big picture to decide if you are really at the top of your field.

So, it’s not possible to quantify precisely how much evidence and accomplishments will be enough to get approved. Therefore, it’s important to persuade the government that you are a very impressive person who possesses an extraordinary ability.

Science and business petitions have different requirements than arts. These requirements are quite specific, therefore, it’s important for an immigration attorney to look at the regulations and the USCIS guidelines when working on the petition. It’s not a kind of case that a non-lawyer could prepare well.

What is the process for EB-1B?

EB-1B (or EB-1-2) green card through work is not only for universities or hospitals but also for private companies, especially in technology. Requirements include at least a three-year experience in research or teaching; a job offer that can be shown through an employment offer or contract; the future US position must be permanent (tenure-track position at a university or, if it’s a private research company, the employer must have at least three full-time researchers).

Different positions will require different types of evidence. Recently, the Department of Homeland Security published the Final Rule that allows attorneys to argue comparable evidence for researchers and professors, same as has been already available for EB-1A.

What is EB-1C?

EB-1C (or EB-1-3) is very different from the previous two employment-based green cards. Requirements for EB-1C are similar to the requirements of L-1A manager visa, but not completely. To qualify for L-1A visa, a manager or an executive has to have worked in an appropriate position abroad for at least one year out of the past three years with a qualifying organization. It’s very important that the job abroad was in a position of a manager or executive.

For successful petition, cover letter for EB-1 has to be very detailed (approximately 10 pages). Only an experienced immigration attorney could competently prepare such legal document.

Secondly, let’s review getting green card through work via EB-2.

Who can qualify for an EB-2 green card through work?

When discussing EB-2, it’s important to mention National Interest Waiver (NIW) cases.

You could get EB-2 NIW if you have an advanced degree (or equivalent), if you are going to work in the field of arts, sciences, or business, and if you would provide a substantial benefit to the US national economy, culture, or general welfare.

Another important difference between EB-2 and EB-1: to qualify for EB-2, you have to meet the NYSDOT test based on the Matter of New York State Department of Transportation case.

NYSDOT Test has three prongs:

  1. foreigner’s work has substantial and intrinsic merit;
  2. the work will benefit the US as a nation; and
  3. if a Labor Certification were required, it would have a negative effect on the nation.

EB-2 petition must have a complete discussion of these three prongs and show that your work and you in particular are so important on the national level that the USCIS shouldn’t focus on looking for the Americans who may be able to do this job.

For successful petition, cover letter for EB-2 NIW, similarly to EB-1, has to be very detailed (approximately 10 pages) and include industry report. Use services of a licensed Florida immigration attorney Oleg Otten for drafting such high-quality legal documents.

Will I need to do PERM?

Another type of EB-2 is for Advanced Degree professionals. The job must require Master’s degree or equivalent, meaning it could be a Bachelor’s degree and 5 years of post-baccalaureate experience. Employer would have to go through a process of Labor Certification or PERM.

Third, naturally, is EB-3.

Email Miami Immigration Attorney directly: info@ottenlawfirm.com

To schedule a consultation, please visit Legal Consultation page

Miami immigration attorney Oleg Otten Green Card Through Work

Who can qualify for EB-3?

Green card through work for EB-3 Professionals: the job must require a US Bachelor’s degree or foreign equivalent.

Skilled worker classification is usually used for people outside of the US. The job must require at least two years of secondary education or skilled work experience. For other workers, a job may require less than two years of education or experience. May be used for cooks, beauticians, landscape workers, and nannies.

Could I qualify for EB-4?

It’s unlikely since EB-4 category is used for religious workers, special immigrant juveniles, broadcasters and a few other rare categories.

And finally, let’s begin discussing EB-5 program for investors.

How do I get a green card through work as an EB-5 investor?

Classical way is Direct EB-5 which means investing actively in your own business and managing it. You must create 10 full-time jobs at your business.

Another way is to invest passively via one of the Regional Centers around the US. When investing in a Regional Center, investor has a very limited control over the investment. Usually, the regional center fund pools money from multiple investors and makes a loan to a project. Major advantage of a Regional Center is that it’s easier to count 10 jobs since you can use an economist to provide economic analysis concluding that 10 jobs were created.

EB5 investor must make at-risk equity investment in a business creating 10 full-time jobs over about two and a half years. At-risk means that if the project fails, the investor may lose both the investment and a possibility of getting a green card. Minimum investment is $500,000 if a business is located in a targeted employment or a rural area, such as an area of high unemployment. The investor must show that the money was earned through a lawful source, which is often difficult to do because paperwork in other countries may differ significantly from what’s expected in America. Similarly to the green card process through marriage to a US citizen, at first, an EB-5 investor receives a conditional green card for two years. At the end of the two years, the investor must show that the 10 jobs actually exist, and then the condition on the green card may be removed.

Miami Green Card lawyer Oleg Otten