So you want to immigrate to the United States. What are your options? Essentially, there are three ways in which a foreign national may become a permanent resident of the United States:1) family based immigration; 2) employment based immigration; and 3) diversity immigration. These days, foreign nationals are increasingly relying upon employment based immigration to obtain permanent residency in the United States. However, employment based immigration is not as simple as it may seem. Currently, the demand for available immigrant visas far exceeds the supply in many countries; therefore, many foreign nationals must wait years to be eligible for permanent resident status.

The Immigration and Nationality Act of 1990 (“INA”) states that the U.S. government may issue only 140,000 employment based immigrant visas annually. These available visas are divided into five preference categories: EB1, EB2, EB3, EB4, and EB5 respectively.  The most highly sought out preference categories are EB2 and EB3. So that no specific country or ethnicity receives preference or priority over others, the total number of immigrant visas made available to natives of any single foreign state in any fiscal year may not exceed 7%.  To clarify, out of the 140,000 immigrant visas granted annually, each country is limited to 9,800 immigrant visas per year.  Additionally, visa availability depends upon the foreign national’s country of birth (or if their spouse was born in a different country, their spouse’s country of birth), not on the foreign national’s country of citizenship. Therefore, even before starting the Green Card process, a foreign national should be aware of the possible waiting periods, delays, and backlogs that are already in existence due to this employment-based immigrant visa problem of supply and demand.

In order to be eligible for a Green Card through employment-based immigration, a foreign national must fit into one of the five preference categories explained below.

EB-1 Priority Workers

The first employment based preference is for “priority workers.” Priority workers include those with extraordinary ability, outstanding professors and researchers, and multinational executives and managers.  No labor certification is required for foreign nationals who elect to apply for a Green Card under this preference category. Please click on this link for more information pertaining to this preference category.

EB-2 Professionals holding Adveaned Degrees &

Aliens of Exceptional Ability

The second employment based preference (EB2) is for Advanced-degree holders and Aliens of Exceptional Ability. There are two subgroups within this category: professionals holding a Master’s degree (attainment of a degree beyond a baccalaureate degree), or a baccalaureate degree plus at least five years progressive experience in the field; and persons with exceptional ability in the arts, sciences, or business.  Exceptional ability means having a degree of expertise significantly above that ordinarily encountered within the field.  *It is important to note that you cannot satisfy the Bachelor’s degree requirement based upon education and experience; it must be based on academic equivalent plus the additional five years of progressive experience. To clarify, the foreign national must have the educational equivalent of a Bachelor’s degree plus at least five years of progressive experience in the field. Under this preference category, labor certification is the first step towards obtaining status as a Permanent resident in the United States.

EB-3 Professional, Skilled and Other Workers

The third employment based preference (EB3) is for Professional, Skilled and Other Workers. This preference category is the most sought after andd most backlogged employment-based preference categoryl. In order to be considered a Professional, a foreign national must have a U.S. Bachelor’s degree or a foreign equivalent degree. To qualify as a skilled worker, the job sought after must require at least two years training and/or experience and the foreign national must possess those requirements. Other workers are classified as those in which the job requires less than two years of training and/or experience, and the foreign national possesses that required background. The EB3 preference category also contains Schedule A workers. Registered Nurses and Physical Therapists qualify as Schedule A workers. Jobs that fall under Schedule A are pre-certified by the Department of Labor (DOL) because there is a shortage in that particular industry in the U.S., which enables those workers to obtain a green card faster than by regular EB2 or EB3 preference processing. The EB3 preference category also requires the attainment of a labor certification as the first step towards obtaining status as a Permanent resident.

EB-4 Special Immigrants

The fourth employment based preference (EB4) is for Special Immigrants such as religious workers. This preference category does not require the attainment of a labor certification; however, a foreign national must file an I-360, Petition for Special Immigrant, and obtain an approval before moving forward with the Green Card process. There are others, who may qualify under this preference category, please refer to the link provided.

EB-5 Investor/Employment Creation Visas

The fifth employment based preference (EB5) is designed specifically for Employment Creation. All foreign nationals who proceed under this preference category must file Form I-526, Immigrant Petition by an Alien Entrepreneur. To qualify, a foreign national must invest between $500,000 and $1,000,000.00 depending upon the employment rate in a specific geographical location. The national must invest in a commercial enterprise in the U.S. that will create at least 10 new jobs for U.S. citizens, lawful permanent residents, or other lawful immigrants, not including the investor and his/her family. Please refer to the link provided to find out more information pertaining to this preference category.