Our firm works with businesses and foreign nationals to secure permanent residency in the U.S. through the employment-based immigrant visa petition process.  In some instances, a sponsoring employer and labor certification process is required to obtain the visa.  However, in the case of the EB-1A visa, an individual can self-petition without the need of a sponsoring employer and labor certification process.

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There are five visa categories for foreign nationals seeking a Green Card based on their employment:

  1. EB-1: persons with Extraordinary Ability, Outstanding Researchers, Multinational Executives and Managers
  2. EB-2: persons with Exceptional Ability, Advanced Degree Professionals, National Interest Waiver
  3. EB-3: professionals or skilled workers
  4. EB-4: religious workers
  5. EB-5: investors

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Contact us today at 1 (718) 301-9732 for a consultation.

EB-1

EB-1 is the first preference category of employment-based Green Card petitions.  To petition under EB-1, foreign workers must be persons of Extraordinary Abilities or Outstanding Professors or Researchers or Multinational Managers and Executives. A labor certification process is not required for an EB-1 petition.

EB-2

EB-2 is the second preference category of employment-based Green Card petitions.  To petition under EB-2, foreign workers must be Members of Professions Holding Advanced Degrees or Aliens of Exceptional Ability. A job offer from a U.S. employer and the labor certification process is required for an EB-2 petition (unless the foreigner seeks a National Interest Waiver).

EB-3

EB-3 is the third preference category for employment-based immigration visas. To petition under EB-3, foreign workers must be a Professional, Skilled or Unskilled/Other Worker. A full-time job offer from a U.S. employer and the labor certification process are required. Workers may not seek a National Interest Waiver under EB-3.

EB-4

EB-4 is the fourth preference category for employment-based immigrant visas. This category allows Special Immigrants, such as Religious Workers, to immigrate and adjust their status.  Religious workers may self-petition or be sponsored by an employer in the U.S.  The spouse and children of an EB-4 visa immigrant are also eligible for a Green Card. Ministers and non-minister religious workers may petition under EB-4.

EB-5

EB-5 Investor Visa

EB-5 is the fifth preference category for employment-based immigrant visas. This category allows investors to immigrate to the U.S.  An investor is a foreign national who invests either $1 million in a New Commercial Enterprise or $500,000 in a Target Employment Area in the U.S. The investor may self-petition. An employment offer and labor certification are not required.