Employment Based Green Cards
The Immigration and Nationality Act provides for several employment-based immigrant visa classifications, most of which have built-in protections for the U.S. labor market, with a Department of Labor approved labor certification as a filing prerequisite. Employment-based immigration generally requires either a strong showing that the foreign worker is one of the best in the field or that there are no U.S. workers who are able, willing, available, and qualified to fill the position evidenced by an approved labor certification.
1) Employment Based Categories Where a Labor Certification is Needed
Click here for Employment Based Green Cards without Labor Certification
Please click here for my Fact Sheet on employment based green cards that must first obtain a valid labor certification issued from the Department of Labor. Please call and schedule a consultation for your employment based green card case. When you are coming to your appointment in our office, please have with you the requested documents and the completed questionnaires. Click here for the documents needed list. Click here for the Alien Employee/Beneficiary Questionnaire and click here for the US Employer/Petitioner Questionnaire.
When you are coming to your appointment in our office, please have with you the requested documents, click here for the documents needed list, and the completed questionnaires. Click here for the Employee Questionnaire and click here for the Employer Questionnaire. These documents and questionnaires are in PDF format. You can download Adobe Acrobat here.
a) Skilled Workers, Professional and Other Workers
To qualify for a green card in any sub-category of this classification, the alien is required to have employer sponsorship and Labor Certification, or documentation to prove that the alien qualifies for one of the shortage occupation the Department of Labor has identified on a list known as "Schedule A". Schedule A occupations include physical therapists, professional nurses, physicians or surgeons, college or university teachers, aliens of exceptional ability in the sciences or arts (except performing arts), certain religious occupations, and intracompany transferees in managerial or executive positions.
(i) A "skilled worker" means an alien who, at the time the petition is submitted, is qualified and capable of performing a job that requires at least two years of training or experience for which no U.S. workers are available. Please call and schedule a consultation for your employment based green card case. When you are coming to your appointment in our office, please have with you the requested documents, click here for the documents needed list, and the completed questionnaires click here for the Alien Employee/Beneficiary Questionnaire and click here for the US Employer/Petitioner Questionnaire.
(ii) A "professional" means an alien who holds at least a U.S. baccalaureate degree or a foreign equivalent degree, and who is a member of the professions. The petition must be accompanied by an official college or university record showing the date the baccalaureate degree was awarded, and the area of concentration of study. Please call and schedule a consultation for your employment based green card case. When you are coming to your appointment in our office, please have with you the requested documents, click here for the documents needed list, and the completed questionnaires click here for the Alien Employee/Beneficiary Questionnaire and click here for the US Employer/Petitioner Questionnaire.
(iii) "Other workers" are those who, at the time the petitions is filed, are capable of performing unskilled labor, or labor that requires less than two years training or experience, for which U.S. workers are not available. Please call and schedule a consultation for your employment based green card case. When you are coming to your appointment in our office, please have with you the requested documents, click here for the documents needed list, and the completed questionnaires click here for the Alien Employee/Beneficiary Questionnaire and click here for the US Employer/Petitioner Questionnaire.
b) Aliens who are Members of the Professions Holding Advance Degrees or Aliens of Exceptional Ability
Any U.S. employer who intends to employ and alien who is a member of the professions, and who holds an advanced degree in his/her field, or who has exceptional ability in the sciences, arts, or business, may file an green card petition on his or her behalf. A Labor Certification is required under this classification except where the Director of the USCIS Regional Service Center having jurisdiction over the case determines that an exemption would be in the national interest. If an alien claims such as exemption, he/she, or any person may file the petition on his/her behalf.
c) National Interest Waivers
The National Interest Waiver is a waiver of the job offer requirement for foreign nationals who would like to obtain Permanent Residence in the U.S. in the employment based second preference category. The waiver is available to individuals who are members of the professions holding advanced degrees and individuals of exceptional ability in the arts, sciences and business. Generally, individuals who apply to immigrate in the employment based second preference, must have a job offer and the employer must obtain an approved "Labor Certification" from the Department of Labor. The USCIS regulations state that the requirement of a job offer and a Labor Certification may be waived if the work to be performed by the alien is in the "national interest".
2. Employment Based Categories Where a Labor Certification Is Not Needed
There are several categories in which an alien may qualify for permanent resident status based on his/her employment without the need to submit a labor certification. Who may file the case, and the documentary evidence required to be submitted with the case is determined by the category in which alien qualifies. Please call and schedule a consultation for your employment based green card case. When you are coming to your appointment in our office, please have with you the requested documents, and the completed questionnaires. Click here for the documents needed list. Click here for the Alien Employee/Beneficiary Questionnaire and click here for the US Employer/Petitioner Questionnaire.
The employment categories that do not have to have a labor certification:
a) An Alien of Extraordinary Ability
A person who has extraordinary ability in the sciences, arts, education, business, or athletics may qualify. This category is reserved for a very small percentage of individuals who have risen to the top of their field. Please call and schedule a consultation for your employment based green card case. When you are coming to your appointment in our office, please have with you the requested documents, click here for the documents needed list, and the completed questionnaires click here for the Alien Employee/Beneficiary Questionnaire and click here for the US Employer/Petitioner Questionnaire.
b) Outstanding Professors and Researchers
This category is for U.S. employers who intend to employ an alien professor or researcher who is outstanding in an academic field. The employer must be (1) a U.S. university or institution of higher learning offering the alien a tenured or tenured-tack teaching position in the alien’s academic field; or (2) a U.S. university or institute of higher learning offering the alien a permanent research position in the alien’s academic field; or (3) a department, division, or institute of a private employer offering the alien a permanent research position in the alien’s academic field. Please call and schedule a consultation for your employment based green card case. When you are coming to your appointment in our office, please have with you the requested documents, click here for the documents needed list, and the completed questionnaires click here for the Alien Employee/Beneficiary Questionnaire and click here for the US Employer/Petitioner Questionnaire.
c) Certain Multinational Managers and Executives
U.S. employer, which is a multinational business, or the U.S. subsidiary or affiliate of a multinational business may submit a case on behalf of alien employees who qualify under the legal definition as an executive or manager. A “multinational business” is one, which conducts business in two or more countries, one of which is the U.S. The U.S. employer must have been doing business in the U.S. for a least one year. Please call and schedule a consultation for your employment based green card case. When you are coming to your appointment in our office, please have with you the requested documents, click here for the documents needed list, and the completed questionnaires click here for the Alien Employee/Beneficiary Questionnaire and click here for the US Employer/Petitioner Questionnaire.
d) Aliens who are Members of the Professions Holding Advance Degrees or Aliens of Exceptional Ability
See description above. This category with a national interest waiver may proceed without a labor certification. Please call and schedule a consultation for your employment based green card case. When you are coming to your appointment in our office, please have with you the requested documents, click here for the documents needed list, and the completed questionnaires click here for the Alien Employee/Beneficiary Questionnaire and click here for the US Employer/Petitioner Questionnaire.
e) National Interest Waivers
See description above. This category with a national interest waiver may proceed without a labor certification. Please call and schedule a consultation for your employment based green card case. When you are coming to your appointment in our office, please have with you the requested documents, click here for the documents needed list, and the completed questionnaires click here for the Alien Employee/Beneficiary Questionnaire and click here for the US Employer/Petitioner Questionnaire.
f) Special Immigrants, Such As Religious Workers;
Religious workers include ministers of religion, professionals working in religious vocations or occupations, and others working in religious vocations or occupations. No labor certification requirement in this category. The law provides visas for three groups of religious “special immigrants”: (1) ministers of religion; (2) professionals working in religious vocations or occupations; and (3) other workers in religious vocations or occupations. These individuals must work for U.S. nonprofit, religious organizations or at nonprofit, religious organizations affiliated with qualified religious denominations. The ministers of religion group is not subject to a sunset date nor is there a cap on the numbers of visas available. The two non-minister categories—religious professionals and other religious workers—are subject to the sunset provision, and limited to not more than 5,000 of the annual special immigrant admissions. This annual limit has not been reached since July 1998. Legislation has extended the provisions relating to the second and third groups to September 30, 2008.
The Immigration and Nationality Act provides for several employment-based immigrant visa classifications, most of which have built-in protections for the U.S. labor market, with a Department of Labor approved labor certification as a filing prerequisite. Employment-based immigration generally requires either a strong showing that the foreign worker is one of the best in the field or that there are no U.S. workers who are able, willing, available, and qualified to fill the position evidenced by an approved labor certification.
1) Employment Based Categories Where a Labor Certification is Needed
Click here for Employment Based Green Cards without Labor Certification
Please click here for my Fact Sheet on employment based green cards that must first obtain a valid labor certification issued from the Department of Labor. Please call and schedule a consultation for your employment based green card case. When you are coming to your appointment in our office, please have with you the requested documents and the completed questionnaires. Click here for the documents needed list. Click here for the Alien Employee/Beneficiary Questionnaire and click here for the US Employer/Petitioner Questionnaire.
When you are coming to your appointment in our office, please have with you the requested documents, click here for the documents needed list, and the completed questionnaires. Click here for the Employee Questionnaire and click here for the Employer Questionnaire. These documents and questionnaires are in PDF format. You can download Adobe Acrobat here.
a) Skilled Workers, Professional and Other Workers
To qualify for a green card in any sub-category of this classification, the alien is required to have employer sponsorship and Labor Certification, or documentation to prove that the alien qualifies for one of the shortage occupation the Department of Labor has identified on a list known as "Schedule A". Schedule A occupations include physical therapists, professional nurses, physicians or surgeons, college or university teachers, aliens of exceptional ability in the sciences or arts (except performing arts), certain religious occupations, and intracompany transferees in managerial or executive positions.
(i) A "skilled worker" means an alien who, at the time the petition is submitted, is qualified and capable of performing a job that requires at least two years of training or experience for which no U.S. workers are available. Please call and schedule a consultation for your employment based green card case. When you are coming to your appointment in our office, please have with you the requested documents, click here for the documents needed list, and the completed questionnaires click here for the Alien Employee/Beneficiary Questionnaire and click here for the US Employer/Petitioner Questionnaire.
(ii) A "professional" means an alien who holds at least a U.S. baccalaureate degree or a foreign equivalent degree, and who is a member of the professions. The petition must be accompanied by an official college or university record showing the date the baccalaureate degree was awarded, and the area of concentration of study. Please call and schedule a consultation for your employment based green card case. When you are coming to your appointment in our office, please have with you the requested documents, click here for the documents needed list, and the completed questionnaires click here for the Alien Employee/Beneficiary Questionnaire and click here for the US Employer/Petitioner Questionnaire.
(iii) "Other workers" are those who, at the time the petitions is filed, are capable of performing unskilled labor, or labor that requires less than two years training or experience, for which U.S. workers are not available. Please call and schedule a consultation for your employment based green card case. When you are coming to your appointment in our office, please have with you the requested documents, click here for the documents needed list, and the completed questionnaires click here for the Alien Employee/Beneficiary Questionnaire and click here for the US Employer/Petitioner Questionnaire.
b) Aliens who are Members of the Professions Holding Advance Degrees or Aliens of Exceptional Ability
Any U.S. employer who intends to employ and alien who is a member of the professions, and who holds an advanced degree in his/her field, or who has exceptional ability in the sciences, arts, or business, may file an green card petition on his or her behalf. A Labor Certification is required under this classification except where the Director of the USCIS Regional Service Center having jurisdiction over the case determines that an exemption would be in the national interest. If an alien claims such as exemption, he/she, or any person may file the petition on his/her behalf.
c) National Interest Waivers
The National Interest Waiver is a waiver of the job offer requirement for foreign nationals who would like to obtain Permanent Residence in the U.S. in the employment based second preference category. The waiver is available to individuals who are members of the professions holding advanced degrees and individuals of exceptional ability in the arts, sciences and business. Generally, individuals who apply to immigrate in the employment based second preference, must have a job offer and the employer must obtain an approved "Labor Certification" from the Department of Labor. The USCIS regulations state that the requirement of a job offer and a Labor Certification may be waived if the work to be performed by the alien is in the "national interest".
2. Employment Based Categories Where a Labor Certification Is Not Needed
There are several categories in which an alien may qualify for permanent resident status based on his/her employment without the need to submit a labor certification. Who may file the case, and the documentary evidence required to be submitted with the case is determined by the category in which alien qualifies. Please call and schedule a consultation for your employment based green card case. When you are coming to your appointment in our office, please have with you the requested documents, and the completed questionnaires. Click here for the documents needed list. Click here for the Alien Employee/Beneficiary Questionnaire and click here for the US Employer/Petitioner Questionnaire.
The employment categories that do not have to have a labor certification:
a) An Alien of Extraordinary Ability
A person who has extraordinary ability in the sciences, arts, education, business, or athletics may qualify. This category is reserved for a very small percentage of individuals who have risen to the top of their field. Please call and schedule a consultation for your employment based green card case. When you are coming to your appointment in our office, please have with you the requested documents, click here for the documents needed list, and the completed questionnaires click here for the Alien Employee/Beneficiary Questionnaire and click here for the US Employer/Petitioner Questionnaire.
b) Outstanding Professors and Researchers
This category is for U.S. employers who intend to employ an alien professor or researcher who is outstanding in an academic field. The employer must be (1) a U.S. university or institution of higher learning offering the alien a tenured or tenured-tack teaching position in the alien’s academic field; or (2) a U.S. university or institute of higher learning offering the alien a permanent research position in the alien’s academic field; or (3) a department, division, or institute of a private employer offering the alien a permanent research position in the alien’s academic field. Please call and schedule a consultation for your employment based green card case. When you are coming to your appointment in our office, please have with you the requested documents, click here for the documents needed list, and the completed questionnaires click here for the Alien Employee/Beneficiary Questionnaire and click here for the US Employer/Petitioner Questionnaire.
c) Certain Multinational Managers and Executives
U.S. employer, which is a multinational business, or the U.S. subsidiary or affiliate of a multinational business may submit a case on behalf of alien employees who qualify under the legal definition as an executive or manager. A “multinational business” is one, which conducts business in two or more countries, one of which is the U.S. The U.S. employer must have been doing business in the U.S. for a least one year. Please call and schedule a consultation for your employment based green card case. When you are coming to your appointment in our office, please have with you the requested documents, click here for the documents needed list, and the completed questionnaires click here for the Alien Employee/Beneficiary Questionnaire and click here for the US Employer/Petitioner Questionnaire.
d) Aliens who are Members of the Professions Holding Advance Degrees or Aliens of Exceptional Ability
See description above. This category with a national interest waiver may proceed without a labor certification. Please call and schedule a consultation for your employment based green card case. When you are coming to your appointment in our office, please have with you the requested documents, click here for the documents needed list, and the completed questionnaires click here for the Alien Employee/Beneficiary Questionnaire and click here for the US Employer/Petitioner Questionnaire.
e) National Interest Waivers
See description above. This category with a national interest waiver may proceed without a labor certification. Please call and schedule a consultation for your employment based green card case. When you are coming to your appointment in our office, please have with you the requested documents, click here for the documents needed list, and the completed questionnaires click here for the Alien Employee/Beneficiary Questionnaire and click here for the US Employer/Petitioner Questionnaire.
f) Special Immigrants, Such As Religious Workers;
Religious workers include ministers of religion, professionals working in religious vocations or occupations, and others working in religious vocations or occupations. No labor certification requirement in this category. The law provides visas for three groups of religious “special immigrants”: (1) ministers of religion; (2) professionals working in religious vocations or occupations; and (3) other workers in religious vocations or occupations. These individuals must work for U.S. nonprofit, religious organizations or at nonprofit, religious organizations affiliated with qualified religious denominations. The ministers of religion group is not subject to a sunset date nor is there a cap on the numbers of visas available. The two non-minister categories—religious professionals and other religious workers—are subject to the sunset provision, and limited to not more than 5,000 of the annual special immigrant admissions. This annual limit has not been reached since July 1998. Legislation has extended the provisions relating to the second and third groups to September 30, 2008.