Wolf W. Kaufmann

Immigration

Southern California Immigration Attorney

(951) 710-3250

Email: info@wolfklaw.com

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Permanent residence (green card) through employment or investment

A foreign employee can qualify for a green card either by  education, profession, exceptional and outstanding abilities or through a substantial investment in the American economy.

There are five “classes” of “green cards” in this “employment based category.” Each class requires different qualifications.

EB-1: Extraordinary and outstanding aliens

This class is for ”Aliens with extraordinary abilities” which usually means the alien must be a scientist, scholar etc. of international renown, or an”outstanding professor or researcher” who is internationally recognized. The main advantage of this class is that no “labor certification” is necessary. However, the words “outstanding” and “extraordinary” really mean what they say: only very few are qualified for this class.

EB-2 Professionals with advanced degrees and aliens with exceptional abilities

This class is for all aliens with advanced degrees (usually a Master’s or higher) or exceptional abilities. It usually requires an employment offer and labor certification, except in those cases where the government decides that the contribution the alien can make is in the “national interest” of the U.S..

Labor certification

Applicants for an EB-2 or EB-3 green card must complete a labor certification before applying for the green card. The labor certification is the process in which the prospective employer submits evidence that the position could not be filled by a qualified American employee. Only very few professions, such as nurses, are exempted. Others, such as physicians, face special requirements.

EB-3 Skilled workers, professionals, and other workers

This class is for all other workers. It is subcategorized for skilled workers with at least two years of training or experience, professionals who hold at least a bachelor degree and other workers.

While this looks like it will provide a green card to almost everybody, reality sadly is different: each of these subcategories has an annual limit of the number of green cards that can be issued. Currently there is a backlog of 6-7 years for any card of this category.

EB-4 Special immigrants

This category is for religious workers, pastors, priests, rabbis, and certain employees of the U.S. government or some multinational organizations.

EB-5 “Investors”

This category is for immigrants who invest at least $ 1 million of their own risk capital in the U.S. economy ($ 500,000 in certain special areas) and create employment.

If you can’t qualify for this visa, but are willing to invest a lower sum, you should check if you qualify for a “treaty investor” visa. More about them here.

If you would like to find out more about obtaining a green card for a foreign employee, please contact us now to schedule a consultation.

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