Employment Based Green Card

Immigrant Visa Petitions:

Qualifying foreign nationals may obtain USA Lawful Permanent Residence (Green Card) through the following Employment-based and Employment-based Investor Immigration categories. In qualifying cases, no job offer or labor certification will be required!

  1. Employment-Based: Extraordinary Ability, Multinational Executives, Outstanding Researchers & Professors: This preference category is for priority workers such as managers and executives, outstanding researchers or professors, and aliens of “extraordinary ability” in the sciences, arts, motion picture and television industry, education, business or athletics. No labor certification is required for this category. Also for aliens of “extraordinary ability”, no job offer is required.
  2. Employment-Based: Advanced Degrees: This preference category is for members of the professions holding advanced degrees or aliens of exceptional ability. A job offer and labor certification is required unless the alien qualifies for a National Interest Waiver.

    National Interest Waivers: The National Interest Waiver is a waiver of the job offer requirement for aliens who want to immigrate to the U.S. Generally, a professional worker who desires to work in the U.S. must undergo the long and sometimes uncertain labor certification process. However, if the alien can prove he or she is an Alien of Exceptional Ability or an Advanced Degree Professional; and is involved in an activity which could prospectively benefit the National Interest of the country, then he or she may be eligible to file for a NIW.
  3. Employment-Based: Investor Visa
    This Immigrant Investor Program allows an alien entrepreneur to obtain an immigrant visa if he seeks to enter the United States to establish a new commercial enterprise that will benefit the U.S. economy and provide full-time jobs for at least ten U.S. workers.

    The investor is required to invest at least $1 million in the new commercial enterprise, but he may invest $500,000, instead, if his business will be located in a targeted employment area, including rural areas or areas of high unemployment. The investor must evidence an “actual commitment” of the required amount of capital and he must place it “at risk”.

The above illustrates general categories and requirements relating to USA Petitions and Visas. Note: Similar categories are found in the laws of Asian, European, and the major developing countries of Africa and the Middle East.


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