There are many ways to immigrate to the United States, including employment-based immigration, family-based immigration, investment immigration, and more. All of these pathways can lead to obtaining a U.S. Green Card. In 2017, the policies for these immigration pathways may have changed; let us take a look.
New Green Card Policies
I. Employment-Based First Preference (EB-1) for Priority Workers
The first preference category accounts for 28.6% of the total annual employment-based green card quota, which is approximately 40,000 visas. The first preference category includes three specific subcategories:
1. Persons of Extraordinary Ability (EB-1A)
The professionals in an EB-1A application should be individuals with extraordinary ability who have demonstrated sustained national or international acclaim in their field of expertise. These fields include the arts, sciences, education, business, and athletics. To meet the requirements for EB-1A, the applicant only needs to submit sufficient evidence to prove their extraordinary achievements in their field and their intent to continue contributing to the United States in that field in the future. This category has no visa backlog, does not require a labor certification, does not require employer sponsorship, and does not require investment.
2. Outstanding Professors and Researchers (EB-1B)
The professionals in an EB-1B application are outstanding professors and researchers who are internationally recognized for their excellence in a particular scientific or academic field. An EB-1B application requires employer sponsorship and a permanent job offer. Typically, this job offer is provided by a university or a similar institution of higher education or a scientific research institution, though it can also be provided by a private employer. An EB-1B application does not require a labor certification; however, when filing this application, the prospective employer (such as a university or other research institution) must provide a specific job position and act as the petitioner in the I-140 application.
3. Multinational Managers or Executives (EB-1C)
The EB-1C immigrant visa category is primarily intended for multinational managers or executives to immigrate to the United States and become permanent residents. An EB-1C application also does not require a labor certification; however, at the time of application, the prospective employer must provide a specific job position and act as the petitioner in the I-140 application.
II. Employment-Based Second Preference (EB-2)
1. Professionals with Advanced Degrees or Exceptional Ability (EB-2)
Applicants in this U.S. Green Card policy preference category generally fall into two situations:
(1). The applicant holds an advanced degree (Master's or higher), or a Bachelor's degree plus at least five years of progressive work experience in the profession;
(2). The applicant possesses exceptional ability in the sciences, arts, or business. Exceptional ability means having a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business. The EB-2 category is allocated approximately 40,000 visas annually (28.6% of the total employment-based quota), plus any unused visas from the first preference category. EB-2 applications require a job offer and a labor certification (PERM), with the exception of the National Interest Waiver (NIW).