There are several areas of qualification in this category as follows according to the U.S. Citizenship and Immigration Services:
EB-1 is for “priority workers” or foreign nationals with extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors and researchers; or certain multinational managers and executives.
EB-2 applies to foreign nationals who are members of the professions holding advanced degrees or who have exceptional ability.
EB-3 is for other immigrant workers meaning your job requires a minimum of 2 years training or work experience; your job requires at least a U.S. bachelor’s degree or a foreign equivalent and you are a member of the profession or you will perform unskilled labor requiring less than 2 years training or experience.
EB-4 refers to special immigrants such as religious ministers, broadcasters, G-4 International Organization or NATO-6 Employees and their family members, Afghan and Iraqi Translators and special immigrant juveniles.
EB-5 is for immigrant investors who have invested or are actively in the process of investing at least US $1 million (or $500,000 in a targeted employment area) in a new commercial enterprise in the U.S. which will create full-time positions for at least 10 qualifying employees.
There is also a special qualification for physicians who agree to work full-time in clinical practice in a designated underserved area for a set period of time and also meets other eligibility requirements.
To qualify as a person with “extraordinary abilities” you must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim and your achievements must be recognized in your field through extensive documentation. No offer of employment is required and you can self-sponsor.
However, if you want to be eligible for a green card as an outstanding professor or researcher or a multinational manager or executive, a potential employer must file the I-140 Form or Immigrant Petition for Alien Worker on your behalf with the USCIS.
Outstanding professors must demonstrate international recognition for your outstanding achievements in a particular academic field; have at least 3 years experience in teaching or research in that academic area and be entering the United States in order to pursue tenure or tenure track teaching or comparable research position at a university or other institution of higher education.
Multinational managers or executives must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a US firm or corporation and you must be seeking to enter the United States to continue service with that firm or organization. Your employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.
E-B 2 and E-B3 are much tougher as you have to first receive a Department of Labor’s “Foreign Labor Certification” approval before an employer can file the I-140.
Under E-B2, those applying for a job requiring an advanced degree, you must possess such a degree or its equivalent (a baccalaureate degree plus 5 years progressive work experience in the field). In order to qualify under ‘exceptional ability,’ you must be able to show exceptional ability in the sciences, arts, or business or a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.
Under E-B3, skilled workers must demonstrate at least 2 years of job experience or training while professionals must be possess a U.S. baccalaureate degree or foreign degree equivalent. In both instances, you have to prove to the Department of Labor that you will be performing a job for which qualified workers are not available in the United States, meaning you are not taking away jobs from an America.
An unskilled labor petition requires less than 2 years training or experience, is not temporary or seasonal and again it must be a job for which qualified workers are not available in the United States.
Under the E-B4 petitions, an employer must file a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. Note, however, that there are also visa limits under this category.
E-B5 applicants must show evidence that they have invested or are actively in the process of investing in a “for profit” new commercial enterprise and are investing between US 500,000 to a million minimum as well as prove you will be running the company and that the number of existing employees is being or will be maintained for a period of at least 2 years. Their attorneys must file Form I-526, Immigrant Petition by Alien Entrepreneur.
If you are in the US and have received an approved I-140 application and now want to adjust your status here, you or your attorney must properly file Form I-485, Application to Register Permanent Residence or Adjust Status; show proof that you were inspected and admitted or inspected and paroled into the United States and prove that you are physically present in the United States at the time you file your Form I-485. A filing fee of US $1,140 is required along with a biometric services fee of $85.
Look out for Option 3 next week, in the 8 Ways To Get A Green Card In Trump’s America series!