Employment Green Card Law

If you do not have a close family member in the United States who can help you move here permanently, you may be able to do so based on an offer of employment.

U.S. immigration law allots a yearly minimum of 140,000 green cards in the employment category. Like family-based immigration, there are preference categories for immigrating through employment. To be eligible for an employment green card, you must fit into one of the five preference categories.

Most categories require that your employer prove to the Department of Labor that no U.S. workers are qualified for the job or fit the job description and that the wage you will be paid is fair. This process is called labor certification, and it can take anywhere from a few months to more than two years.

All five preference categories require that you file a petition with the INS.

The employment-based preferences are:

• First Preference: Priority workers (persons of extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers) (40,000 visas)
• Second Preference: Professionals with advanced degrees or aliens with exceptional ability (40,000 visas) Labor Certification is required
• Third Preference: Skilled workers, professionals (without advanced degrees), and needed unskilled workers (40,000 visas) Labor Certification is required
• Fourth Preference: Special immigrants (10,000 visas)
• Fifth Preference: Employment creation immigrants (investors) (10,000 visas)