Green Card
- First Preference (EB-1) Priority Workers:
- Foreigners with extraordinary ability in the sciences, arts, education, business, or athletics.
- Outstanding professors and researchers.
- Certain multinational managers and executives.
- Second Preference (EB-2): Foreigners who are members of the professions holding advanced degrees or who have exceptional ability, including requests for national interest waivers (NIW).
- Third Preference (EB-3): Skilled workers, professionals, or other workers.
- Fourth Preference (EB-4):
- Religious workers.
- Special Immigrant Juveniles: Children who need the protection of a juvenile court because have been abused, abandoned, or neglected by a parent.
- Certain Broadcasters: Coming to work in the U.S. as a broadcaster, including a reporter, writer, translator, editor, producer, announcer, news broadcast host, news analysis, editorial and other broadcasting features, or a news analysis specialist. Not include performing purely technical or support services or working in the entertainment field.
- Certain Retired Officers or Employees: Coming to work in the U.S. for special international organization or NATO-6 civilian employees and their family members.
- Certain employees of the U.S. government Overseas.
- Members of the U.S. Armed Forces.
- Panama Canal company or Canal Zone Government Employees.
- Certain Physicians: Licensed and practicing medicine in a U.S. state.
- Informant: Foreigners who have supplied information concerning a criminal organization or enterprise or a terrorist organization, enterprise, or operation.
National Interest Waiver (NIW): A national interest waiver request allows the individual to file an I-140 petition without an employer, which can skip the PERM process.
According to USCIS, there is no single factor or piece of evidence that will establish eligibility. Below are some eligibility tips:
- Evidence Showing Substantial Merit and National Importance: Provide a detailed description explaining the proposed petition and supporting documentary evidence to establish that the petition is of national importance.
- Evidence Well-Positioned to Advance Petition:
- Provide evidence of education, skills, knowledge, and record of success in related or similar efforts.
- Provide any evidence of a detailed proposal or plan that has developed, or played a significant role in developing, for future activities related to the proposed petition.
- Explain how to pursue and any progress towards pursuing the proposed petition.
- How the Proposed Petition Would Be Beneficial to the U.S. to Waive the Job Offer and Thus the Permanent Labor Certification Requirements:
- Explain whether, based on the nature of qualifications or proposed petition, it would be impractical to obtain a labor certification.
- Explain any benefits to the U.S. from the prospective contributions, even if other U.S. workers were available.
- Explain any urgency that may warrant forgoing the labor certification process, such as a time-sensitive national benefit offered by the proposed petition.
- Specific Evidentiary Considerations for Persons with Advanced Degrees in Science, Technology, Engineering, or Mathematics (STEM) Fields:
- The person possesses an advanced STEM degree, particularly a Ph.D.
- The person will be engaged in work furthering a critical and emerging technology or other STEM area important to U.S. competitiveness.
- The person is well positioned to advance the proposed STEM petition of national importance.
- Specific Evidentiary Considerations for Entrepreneurs:
- Evidence of Ownership and Role in the U.S.-Based Entity.
- Degrees, Certifications, Licenses, Letters of Experience.
- Investments.
- Incubator or Accelerator Participation.
- Awards or Grants.
- Intellectual Property.
- Published Materials about the Petitioner, the Petitioner’s U.S.-Based Entity, or Both.
- Revenue Generation, Growth in Revenue, and Job Creation.
- Letters and Other Statements from Third Parties.
- Additional Evidence: While not required, letters from interested government agencies or quasi-governmental entities in the U.S. can be helpful evidence.
Below is the process of applying for a U.S. green card through employment:
H Visa
- H-1B Specialty Occupations: Coming to the United States temporarily to perform services in a specialty occupation.
- H1B1: Allows qualified professionals from Singapore and Chile to work in the U.S. in specialty occupations. Unlike regular H1B, only 1 year with no strict max 6 years).
- H-1B2 DOD Researcher and Development Project Worker: Foreign workers who will be employed in cooperative research and development projects or co-production projects under a government-to-government agreement administered by the U.S. Department of Defense (DoD).
- H-1B3 Fashion Model: Must be a fashion model of distinguished merit and ability.
- H-2A Temporary Agricultural Workers: Foreign nationals fill temporary agricultural jobs in the U.S.
- H-2B Temporary Non-Agricultural Workers: Foreign nationals fill temporary non-agricultural jobs in the U.S.
- H-3 Nonimmigrant Trainee or Special Education Exchange Visitor:
- Trainee: To receive training in any field of endeavor, other than graduate medical education or training, that is not available in the alien’s home country.
- Special Education Exchange Visitor: To participate in a special education exchange visitor training program that provides for practical training and experience in the education of children with physical, mental, or emotional disabilities.
- H-4: Individuals who are the spouse or children of an H visa holder. The spouse can work with applying for employment authorization only after the H visa holder’s I-140 is approved.
O Visa
- O-1A: Individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry).
- O-1B: Individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry.
- O-2: Individuals who will accompany an O-1 artist or athlete to assist in a specific event or performance.
- O-3: Individuals who are the spouse or children of O-1 and O-2 visa holders. Not allowed to work in the U.S.
P Visa
- P-1A Athlete: Coming temporarily to the U.S. solely for the purpose of performing at a specific athletic competition as:
- An individual athlete at an internationally recognized level of performance;
- Part of a group or team at an internationally recognized level of performance;
- A professional athlete; or
- An athlete or coach, as part of a team or franchise that is located in the United States and a member of a foreign league or association.
- P-1B A Member of an Internationally Recognized Entertainment Group: Coming to the U.S. temporarily to perform as a member of an entertainment group that has been established for a minimum of one year and recognized internationally as outstanding in the discipline for a sustained and substantial period of time.
- P-2 Individual Performer or Part of a Group Entering to Perform Under a Reciprocal Exchange Program: Coming temporarily to perform as an artist or entertainer, individually or as part of a group, who will perform under a reciprocal exchange program between an organization in the U.S. and an organization in another country.
- P-3 Artist or Entertainer Coming to Be Part of a Culturally Unique Program: Coming temporarily to perform, teach or coach as artists or entertainers, individually or as part of a group, under a program that is culturally unique.
- P-4: Individuals who are the spouse or children of P-1, P-2 and P-2 visa holders. Not allowed to work in the U.S.
Q Visa
Q-1 Cultural Exchange: Seeking to participate in an international cultural exchange program approved by the Secretary of Homeland Security for the purpose of providing practical training and employment, and sharing the history, culture, and traditions of your home country with the U.S.
R Visa
R-1 Nonimmigrant Religious Workers: Ministers and non-ministers in religious vocations and occupations may come to the U.S. temporarily for the purpose of performing religious work.
TN
- TN-1 Canadian Citizens: A Canadian citizen has a prearranged full-time or part-time job with a U.S. employer and has the qualifications to practice in the profession in question.
- TN-2 Mexican Citizens: A Mexican citizen has a prearranged full-time or part-time job with a U.S. employer and has the qualifications to practice in the profession in question. Must apply directly at a U.S. embassy or consulate in Mexico.
- TD: Individuals who are the spouse or children of TN-1 and TN-2 visa holders. Not allowed to work in the U.S.