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What are the main eligibility criteria for obtaining a Green Card through employment-based immigration?

The Main Eligibility Criteria for Obtaining a Green Card through Employment-Based Immigration

The main eligibility criteria for obtaining a Green Card through employment-based immigration vary depending on the specific employment category. There are five employment-based immigration categories:

  1. EB-1: This category is reserved for individuals with extraordinary ability in sciences, arts, education, business, or athletics, outstanding professors or researchers, or multinational executives or managers. Applicant must have extraordinary ability or have received national or international recognition in his or her field.
  2. EB-2: This category is for professionals with advanced degrees or individuals with exceptional ability in sciences, arts, or business. In most cases, this category also requires a job offer from a U.S. employer.
  3. EB-3: This category is for skilled workers, professionals, and other workers who do not meet the requirements for EB-1 or EB-2. A U.S. employer must also offer a job to the applicant in this category.
  4. EB-4: This category is for special immigrants, including certain religious workers, employees of U.S. foreign service posts, retired employees of international organizations, certain employees of the U.S. government abroad, and other categories of foreign nationals.
  5. EB-5: This category is reserved for foreign investors who invest a minimum of $1 million in a U.S. business or $500,000 in a targeted employment area, and create or preserve at least 10 full-time jobs for U.S. workers.

In order for an individual to be eligible for a Green Card through employment-based immigration, he or she must meet the requirements of one of these categories, and also meet additional requirements, including:

  • A job offer from a U.S. employer in most cases
  • Labor certification approval from the U.S. Department of Labor
  • Proof of qualifications for the specific employment category
  • Proof of financial support
  • Clear criminal record and good moral character

It should be noted that certain categories, such as EB-1 and EB-5, have additional requirements and may have different application procedures. It is recommended that individuals seeking a Green Card through employment-based immigration consult with an experienced immigration attorney for guidance specific to their situation.