Summary of Categories of EMPLOYMENT-BASED (“eb”) Permanent Residence (“Green Cards”)

There are five categories of Employment-Based (“EB”) immigrant petitions:

1. EB-1: Priority Workers -- Labor Certification is NOT required.
   1. Extraordinary Ability in the sciences, arts, business, education or athletics, as demonstrated by sustained national or international acclaim. An employment position is required. This category is intended "for the small percentage of individuals who have risen to the very top of their field of endeavor." Applicants must present documentation that they satisfy a minimum of three out of ten categories of evidence.
   2. Outstanding Professors and Researchers. This category is employer-sponsored, and requires that the Beneficiary have a permanent or tenure-track job offer as a professor or researcher. The scientist must be recognized nationally or internationally as outstanding in the field, and must possess three years experience teaching or researching experience. The "outstanding" nature of the scientist’s experience is proven by meeting at least two of six categories of evidence.
   3. Multi-National Executives and Managers (including L-1A visa holders). This category is for individuals with a job offer from the U.S parent, subsidiary, branch or affiliate of a foreign company for which the foreigner was employed as a manager or executive for at least one year during the previous three years.
2. EB-2: Members of the Professions -- Labor Certification IS required.
   1. Professionals Holding Advanced Degrees. Must have a Bachelor’s degree plus either a Master’s degree or five years of professional work experience. No "national interest waiver" is available to waive labor certification.
   2. Persons of Exceptional Ability in the Sciences, Arts and Business. "Exceptional Ability" is defined as "a degree of expertise significantly above that ordinarily encountered." The applicant must establish at least three of six categories of evidence. Waiver of a job offer IS available to those who can demonstrate that the "national interest" of the United States would be adversely affected if he or she were required to obtain labor certification.
      While the standard for obtaining a "national interest waiver" of the requirement of a job offer has become quite difficult to obtain, Merrill Cohen & Associates is proud to have succeeded in obtaining a number of these waivers for our clients.
3. EB-3: Professionals, Skilled and Unskilled Workers -- Labor certification IS required.
   1. Professionals Holding Bachelor’s Degrees. Examples of those who can apply under this category are architects, computer science professionals (programmers, software engineers, systems analysts, etc.), civil engineers, graphic designers, lawyers, marketing managers, physicians, surgeons, teachers, etc. These individuals often hold H-1B visa status.
   2. Skilled Workers with 2+ Years Experience in a Field which Requires Two years of Experience. Self-explanatory.
   3. Other Workers. This category is available for workers with less than two years of training and experience, including housekeepers and child care monitors.
      *For nurses, physical therapists, and some university professors as well as those demonstrating that their presence is in “the national interest of the United States,” no labor certification is required.
4. EB-4 : Special Immigrants
   1. Certain religious workers.
   2. Ministers of religion.
   3. Certain international organization employees.
   4. Qualified, recommended current and former U.S. Government employees.
5. EB-5: Investors: Those who employ at least ten U.S. citizens or U.S. Permanent Residents through investment of $500,000 - $1,000,000 in a new business. [The amount of investment varies, depending upon the unemployment rate in that area.]

1. Immediate Relatives of U.S. Citizens (not subject to quotas) — does not permit derivative beneficiaries:
   1. Parents (child petitioner must be at least 21). Parents of U.S. citizens must prove that they legally entered the U.S., even if their non-immigrant visa status has expired.
   2. Spouses (Marriage Case). Spouses of U.S. citizens must prove that they legally entered the U.S., even if their non-immigrant visa status has expired.
   3. Children under 18.
2. K-1 (Fiancee) Visa. The U.S. citizen petitioner must prove that he has already met his fiancée, unless his culture does not permit them to meet before they are married. After the K-1 visa holder arrives in the U.S., he or she must marry the U.S. citizen and submit Form I-485 within 90 days of entry. K-1 visa holders may immediately apply for an Employment Authorization Document ("EAD") by sending an application to their regional service center immediately after entering the U.S. The work card will be mailed to the applicant in approximately 2 months.
3. Family-Based Preference Categories (subject to quotas) — this category permits derivative beneficiaries:
   1. Unmarried sons and daughters of U.S. Citizens.
   2. Spouses, children and unmarried sons and daughters of Legal Permanent Residents.
   3. Married sons and daughter of U.S. citizens.
   4. Brothers and sisters of adult U.S. citizens.

PLEASE NOTE: See the Department of State Visa Bulletin to see quota cut-off dates.

“Green Card Diversity Lottery”. This lottery takes place once each year in October. 50,000 diversity lottery immigrant visas are available each year to nationals of qualifying countries.