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Green Card through employment

Employment-Based Green Cards

employment based immigrationAnother way to become a permanent resident is through employment. Employment-based (EB) green cards are available in the following categories:

  • You may be eligible for a Green Card via self-petitioning (without a job offer):
    This option is available for “Aliens of Extraordinary Ability” through an EB1-1 visa and certain individuals who qualify for an EB2 visa by way of an advanced degree or Exceptional Ability and whose presence in the U.S. is deemed in the national interest as they may seek a visa and a National Interest Waiver which will allow them to self petition.

Aliens of Extraordinary Ability

It is a very high burden to prove that you have extraordinary ability but not impossible. If you have a major one time award such as a Pulitzer or an Oscar you may qualify. Very few people can meet that high standard but you may also qualify if you meet three out of the ten criteria below:

  • Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellenceExtraordinary ability work visa
  • Evidence of your membership in associations in the field which demand outstanding achievement of their members
  • Evidence of published material about you in professional or major trade publications or other major media
  • Evidence that you have been asked to judge the work of others, either individually or on a panel
  • Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
  • Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
  • Evidence that your work has been displayed at artistic exhibitions or showcases
  • Evidence of your performance of a leading or critical role in distinguished organizations
  • Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
  • Evidence of your commercial successes in the performing arts

Unfortunately just by meeting this criteria alone you may not qualify, you also have to prove that overall you are an individual who has risen to the top of their field of expertise. Contact us today to see if you may qualify.

You may be eligible for a Green Card through a job offer.

You may be eligible to become a legal permanent resident based on an offer of permanent employment in the United States. Most categories require an employer to get a labor certification and then file a Form I-140, Immigrant Petition for Alien Worker, for you. If you have a job offer than an EB1 visa for an Outstanding Professor or Researcher or a Multinational Manager or Executive may be the right option for you. If you have an Advanced Degree or are of exceptional ability an EB2 might be the best type of visa for you.

Advance Degrees

You must possess your Masters or a Doctorate or a bachelor’s degree and at least five years’ work experience. These may be a U.S. degree of a foreign degree that has been evaluated as the equivalent of its U.S counterpart.

Exceptional Ability

To have exceptional ability you must satisfy three of the seven criteria below:

  • Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
  • Letters documenting at least 10 years of full-time experience in your occupation
  • A license to practice your profession or certification for your profession or occupation
  • Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
  • Membership in a professional association(s)
  • Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
  • Other comparable evidence of eligibility is also acceptable.

If neither of the above apply to you, you may qualify for an EB3 visa for skilled workers, professionals or what immigration refers to as an unskilled worker could be the option for you. The distinction on which category you are eligible for would fall upon your years of experience and whether or not you have a degree.

  • You may be eligible for a Green Card by investing in the U.S: Green cards are available to investors/entrepreneurs who are making an investment in an enterprise that creates new U.S. jobs. These visas are also known as an EB5 visa.
  • You may be eligible for a Green Card if you a certain job: Such as Afghan/Iraqi Translator, Broadcaster, International Organization Employee, Panama Canal Employee, and Religious Workers. For more information on these visa types please click here.

Securing a green card through employment is often a difficult process that involves multiple steps. Some categories require a Labor Certification from the U.S. Department of Labor; others require extensive documentation necessary to legitimize a job offer. Whether you are self-petitioning or your business is interested in hiring foreign workers, let Hannaford Immigration help you secure authorization for your ideal job or employee and contact us today to do so.

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    Paul C. Hannaford, Esq.Principal Attorney


    Paul is now a U.S. citizen, however, he was initially born in Hong Kong, Paul with dual citizenship in both the United Kingdom and Ireland. and he has held both a non-immigrant visa and been a green card holder. As Paul has personal experience with the U.S. Citizenship and Immigration Services, he and can empathize in all matters relating to U.S. immigration. It was through these experiences that led him to become an Immigration Attorney.

    Upon graduating from law school in the UK, Paul worked in financial services with Merrill Lynch in Ireland before pursuing a legal career. He has worked in both criminal and civil law before devoting his attention and pursuing his passion by focusing solely on Immigration Law.

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