An alien, in the United States under a visa program, or outside the border in another country, can get a Green Card through employment to live and work in the country. Congress enacted the law that created this opportunity to resolve labor market problems and attract diligent, intelligent and sophisticated workers to the country. This law has drawn geniuses and helped nourish creativity in all industry spheres in the country, and has given the US a leading edge amongst its international competitors.
The seven types of employment-based green cards are as follows:
1. Persons of Extraordinary Ability
Aliens with extraordinary ability in the sciences, arts, education, businesses or athletics, and are known nationally or internationally, and their achievements are extensively documented, may be granted a green card to live and work in the US. They must be entering the US to continue to work in the acclaimed area. The alien does not need an offer of employment to be granted the green card.
2. OUTSTANDING PROFESSORS AND RESEARCHERS
Outstanding professors and researchers with an international standing in a specific academic area may be granted a green card. They must have three years experience in teaching or research in the academic area.
3. MULTINATIONAL EXECUTIVES AND MANAGERS
A multinational executive or a manager may be granted a green card. The executive or manager must be employed for one year in the last three years by a firm or corporation or other legal entity or an affiliate or subsidiary in the US.
4. ALIENS WITH ADVANCED DEGREES OR WITH EXCEPTIONAL ABILITY
Aliens with advanced degrees or foreign equivalent or with an exceptional ability in the sciences, arts or business may be granted a green card. The exceptional ability should be in an area that can substantially benefit the United States’ economy, culture, educational interests, or welfare. The services of the person should be sought by the US employer. The advanced degree should be a BA or BS or a foreign academic equivalent plus five years of continuous experience equal to an MA degree. A person of exceptional ability is one with an expertise significantly above the ordinary in the area.
5. SKILLED WORKERS AND PROFESSIONALS
These may also be granted a green card. The professional must have at least a Baccalaureate degree or foreign equivalent. The skilled worker must have a full time job requiring at least two years of training or experience.
Professionals include architects, engineers, lawyers, physicians, surgeons and teachers in elementary or secondary schools, colleges, academics or seminaries, journalists, and sometimes administrators. They should have a degree, but sometimes knowledge or experience is considered.
6. RELIGIOUS WORKERS
Religious workers may also be granted a green card. See article “Visas for People of the Faith” for more.
A person may get a green card through his investment employment creation in the United States. She must invest at least $500,000.00 in the US, and must employ ten United States citizens or authorized immigrant workers full time and also manage the business or formulate its policies on a day-to-day basis.
With the exception of persons of extraordinary ability and investors, petitions for employment-based green cards are filed by the employer. A petition is initially filed with the Department of Labor to obtain a labor certification. When the certification is granted, another petition is filed with the Department of Homeland Security for the Green Card. If a beneficiary is outside the United States, the application is by consular processing. But if in the United States, the beneficiary adjusts her status after the labor certification grant.
This article is not intended to be a legal advice. Go to the contact page of this site to submit your request to speak to one of our immigration officers or call us at 763-549-0670 763-549-0670 or email us at Swarayassociates@cs.com