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Employer-Based Immigration

There are five employment-based immigration categories through which foreign nationals can obtain permanent residency (Green Card) in the United States:

“EB-1” Category — Priority Workers

  • Foreign nationals possessing extraordinary abilities in the sciences, arts, education, business, or athletics

  • Foreign nationals who are outstanding professors or researchers

  • Foreign nationals who are executives or senior managers being transferred from branches, subsidiaries, or parent companies located in other countries to work in the United States.

 

“EB-2” Category — Professionals with Advanced Degrees or Individuals with Exceptional Abilities

  • Foreign nationals possessing exceptional abilities in the sciences, arts, or business

  • Foreign nationals holding a master’s degree, doctoral degree, or a bachelor’s degree plus at least 5 years of progressive work experience in the specialty.

 

“EB-3” Category — Skilled and Unskilled Workers

  • Foreign nationals holding a bachelor’s degree and being hired for a position that requires a bachelor’s degree

  • Foreign nationals who are skilled workers with at least two years of specialized training or two years of work experience in a job that requires at least two years of training or experience

  • Unskilled foreign workers.

 

“EB-4” Category — Special Immigrants

  • Foreign religious ministers and religious workers

  • Television and radio broadcasters

  • Iraqi and Afghan translators/interpreters

  • Iraqi citizens who assisted the United States

  • Employees of international organizations

  • Physicians

  • Members of the U.S. Armed Forces

  • Employees of the Panama Canal Zone

  • Retired employees of NATO.

 

“EB-5” Category — Immigrant Investors

There are two ways to make the investment:

  • Capital (money, know-how, equipment, etc.) invested in a commercial enterprise;

  • Capital invested in a USCIS-approved Regional Investment Center.

The following are the main requirements for foreign investors:

  • Create a new commercial enterprise or invest in an existing business. Investments may be used to purchase an existing business with simultaneous reorganization, as well as to expand production or assist a troubled enterprise.

  • The foreign investor must invest $1 million (in some cases $500,000).

  • As a result of the capital investment, at least 10 new full-time jobs (at least 35 hours per week) must be created for U.S. citizens, permanent residents, or individuals authorized to work in the United States.

 

If the capital is invested directly in a commercial enterprise (and not through a Regional Investment Center), the investor must actively participate in the management of the enterprise and hold a managerial position in the company or serve as a member of the board of directors.

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