Columbus Day News

Employment Green Cards There are several ways to get a green card (permanent residence) through employment. The requirements vary depending on the specific category. The most common categories are discussed below. EB-1 This category is for priority workers, including: Persons with extraordinary ability in the sciences, arts, education, business, or athletics. Outstanding professors and researchers with at least three years of experience in teaching or research, who are recognized internationally. Multinational executives and managers who have been employed for at least one year in the past three years by a U.S. employer’s affiliate, parent, subsidiary, or branch. EB-2 This category is for: Persons with advanced degrees (beyond a bachelor’s degree) or exceptional ability in the sciences, arts, or business. Persons who will work in an area that is in the national interest (National Interest Waiver). EB-3 This category is for: Skilled workers with at least two years of job experience or training. Professionals with a bachelor’s degree. Unskilled workers who will perform labor that is not of a temporary or seasonal nature. Priority Dates In most employment-based categories, visas are not immediately available. The Visa Bulletin determines when visas are available, and it often depends on the applicant’s country of birth. The Visa Bulletin lists “priority dates” for each category, which is the date the petition was filed. If an applicant’s priority date is current, they may apply for a green card. PERM Labor Certification In most EB-2 and EB-3 cases, the employer must first obtain a PERM labor certification from the Department of Labor before filing an immigrant petition with USCIS. The PERM process requires the employer to test the labor market to ensure that there are no qualified U.S. workers available for the position. This involves advertising the position, interviewing applicants, and documenting the results. If the Department of Labor approves the PERM application, the employer can then file an immigrant petition with USCIS.