Employment Based Green Cards
U.S. immigration law provides several ways for individuals to obtain permanent residency through employment opportunities.
You may be eligible for an employment-based, first-preference visa if you have an extraordinary ability, are an outstanding professor or researcher, or are a multinational executive or manager.
You may be eligible for an employment-based, second preference visa if you hold an advanced degree or its equivalent, or are a foreign national who has exceptional ability.
You may be eligible for this immigrant visa preference category if you are a skilled worker, professional, or other worker. “Skilled workers” are persons whose job requires a minimum of 2 years training or work experience, not of a temporary or seasonal nature. “Professionals” are persons whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and are a member of the professions. The “other workers” subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.
You may be eligible for an employment-based, fourth preference visa if you are a special immigrant. The following special immigrants are eligible for the fourth preference visa: Religious Workers, Broadcasters, Iraqi/Afghan Translators, Iraqis Who Have Assisted the United States, International Organization Employees, Physicians, Armed Forces Members, Panama Canal Zone Employees, Retired NATO-6 employees, and Spouses and Children of Deceased NATO-6 employees.
Fears Nachawati works with employers and employees to determine which employment-based Green Card will be most appropriate for an individual based on his or her educational and professional background. Contact us for a comprehensive consultation with an experienced immigration attorney.
You may be eligible for an EB-5 Immigrant Investor visa if you have sufficient resources to invest in either a new commercial enterprise established after Nov. 29, 1990, or established on or before Nov. 29, 1990, that is: 1. Purchased and the existing business is restructured or reorganized in such a way that a new commercial enterprise results, or 2. Expanded through the investment so that a 40-percent increase in the net worth or number of employees occurs.
The EB-5 visa program has specific job creation and capital investment requirements that are imposed on the investor:
- Create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years (or under certain circumstances, within a reasonable time after the two-year period) of the immigrant investor’s admission to the United States as a Conditional Permanent Resident.
- Create or preserve either direct or indirect jobs:
Direct jobs are actual identifiable jobs for qualified employees located within the commercial enterprise into which the EB-5 investor has directly invested his or her capital.
Indirect jobs are those jobs shown to have been created collaterally or as a result of capital invested in a commercial enterprise affiliated with a regional center by an EB-5 investor. A foreign investor may only use the indirect job calculation if affiliated with a regional center.
- Capital means cash, equipment, inventory, other tangible property, cash equivalents and indebtedness secured by assets owned by the alien entrepreneur, provided that the alien entrepreneur is personally and primarily liable and that the assets of the new commercial enterprise upon which the petition is based are not used to secure any of the indebtedness. All capital shall be valued at fair-market value in United States dollars. Assets acquired, directly or indirectly, by unlawful means (such as criminal activities) are not considered capital for purposes of this requirement.
Required minimum investments are:
General: The minimum qualifying investment in the United States is $1 million.
Targeted Employment Area (High Unemployment or Rural Area): The minimum qualifying investment either within a high-unemployment area or rural area in the United States is $500,000.