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

COVID-19 Legal Right to Work Check Concessions End on 20 June 2021

The UK Home Office has provided employers with latitude in meeting Legal Right to Work (LRTW) Compliance requirements during the COVID-19 pandemic through a series of concessions. One such concession enables employers to conduct right to work checks remotely, thus not requiring employees or HR personnel to be physically present in an office for the…

Read More
Passport

Is it legal to use coronavirus passports in the UK?

The vaccination programme has been very successful, with over 30 million adults receiving their first inoculations and over 4 million, their second. Until the last few months, the UK government said that requiring coronavirus passports in order to access certain services and foreign travel was discriminatory and therefore would not be adopted.  This view now…

Read More
Immigration Advice based upon the MAC Report

Migration Advisory Committee: Call for Evidence

The Migration Advisory Committee (MAC) is a body of independent expert economists retained by Government to advise on immigration policy reform in the context of prevailing labour market and UK business needs. The MAC undertakes extensive labour market and stakeholder research before publishing recommendations for change following commissions from the Home Office. A MAC review…

Read More