Open Navigation

Employment-Based Permanent Residence Applications

Green Card Status

"Trusted adviser to major clients from the corporate and financial services sector" - Who's Who Legal

Employment-Based Permanent Residence Applications

Employment based immigrant visas are divided into five preference categories.

Each fiscal year (October 1st – September 30th), approximately 140,000 employment-based immigrant visas are made available to qualified applicants under the provisions of U.S. immigration law which are divided into the five categories.

We set out the categories below.

First Preference:

There are three sub-groups within this category:

  1. Persons with extraordinary ability in the sciences, arts, education, business, or athletics. Applicants in this category must have extensive documentation showing sustained national or international acclaim and recognition in their fields of expertise. Such applicants do not have to have specific job offers, so long as they are entering the U.S. to continue work in the fields in which they have extraordinary ability.
  2. Outstanding professors and researchers with at least three years experience in teaching or research, who are recognized internationally. Applicants in this category must be coming to the U.S. to pursue tenure, tenure track teaching, or a comparable research position at a university or other institution of higher education.
  3. Multinational managers or executives who have been employed for at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer. The applicant’s employment outside of the U.S. must have been in a managerial or executive capacity, and the applicant must be coming to work in a managerial or executive capacity..

Second Preference:

There are two subgroups within the second preference category:

  • First: Members of the professions holding advanced degrees.
  • Second: Persons with exceptional ability in the arts, sciences or business.

Third Preference:

Skilled workers, professionals and other workers.

There are three subgroups within this category:

  1. Skilled workers are persons whose jobs require a minimum of 2 years training or work experience that are not temporary or seasonal.
  2. Professionals are members of the professions whose jobs require at least a baccalaureate degree from a U.S. university or college or its foreign equivalent degree.
  3. Unskilled workers (Other workers) are persons capable of filling positions that require less than two years training or experience that are not temporary or seasonal.

Fourth Preference:

Certain special immigrants, including religious workers.

Fifth Preference:

E5 Immigrant Investor Visas: The individual must prove that he/she has invested or is actively in the process of investing in a business which will benefit the U.S. economy and create full-time employment for at least 10 U.S. citizens or immigrant workers.

 

News

Employment Law 2022: What is on the horizon?

2021 was a year fraught with uncertainty. Many sectors were closed for most of the year, compounding losses and hardships carried forward from 2020. There were, however, notable highlights. The extension of the Furlough Scheme kept many in employment and the Autumn saw widespread returns to workplaces for those able to work from home. 2022…

Read More

Worth the Boost: Paid time off for Vaccination

With cases of the new Omicron variant on the rise, the Government is strongly encouraging those who can get a booster jab (or their first or second vaccination) to do so. However, the vaccination booking website appears to be struggling to cope with demand and without a booking, those seeking a booster jab before seeing…

Read More

Immigration 2022 – The Outlook for Employers

Thursday 16 December 12pm GMT Zoom As we approach the end of 2021, it is time to look ahead to the coming year and identify the changes and challenges that employers will face in international mobility in 2022. Following the success of our recent session on the UK and Europe, this practical and interactive session…

Read More