The United States is often seen as the land of opportunity, attracting thousands of foreign workers each year who hope to establish and advance their careers. Employment-based visas and Green Cards are among the most sought-after avenues to achieve this dream, offering permanent residency in the U.S. However, obtaining an employment-based Green Card can be complex and lengthy.
For those who wish to immigrate to the United States, it can be helpful to understand the different categories of workers who may qualify for Green Cards and the annual quotas for each type of employment-based Green Card. Annual Availability of Employment-Based Green Cards the United States Citizenship and Immigration Services (USCIS) makes about 140,000 employment-based green cards available each fiscal year. This number is not necessarily fixed, as unused family-based visas from the previous year may increase the quota for employment-based green cards.
Employment-based visas are distributed among various preference categories depending on the applicant’s qualifications and the labour market’s demands. In addition, only 7 per cent of employment-based visas issued annually can go to immigrants from a single country. This means that even though many people from countries such as China or India are waiting for visas, no more than 9,800 people from each of these countries will typically be approved each year. Because the total number of applicants almost always exceeds the annual quota, there are significant backlogs and waiting times for aspiring immigrants.
Preference Categories for Employment-Based Green Cards Green cards are issued according to the following order of preference: First Preference Category (EB-1): The EB-1 category is designated for priority workers with exceptional abilities or expertise in their respective fields. Subcategories within the EB-1 classification include Persons with extraordinary abilities: This classification is reserved for individuals with outstanding achievements in their fields, such as arts, sciences, business, education, or athletics. Outstanding professors and researchers: This group comprises recognized scholars or researchers with at least three years of experience in their respective fields of study or research. Multinational managers or executives: This category refers to managerial or executive personnel transferred to the United States by a multinational corporation.
Second Preference Category (EB-2): The EB-2 category is designed for professionals with advanced degrees or exceptional abilities in their field. There are two main subcategories within EB-2: Professionals with advanced degrees: This group includes individuals who have obtained an academic degree above a bachelor’s degree, such as a master’s or doctoral degree, as well as those who have a bachelor’s degree with at least five years of progressive experience in their field. Persons with exceptional abilities: This classification covers applicants with extraordinary skills in sciences, arts, or business, significantly above what is typically encountered in their respective fields.
Third Preference Category (EB-3): The EB-3 category is aimed at skilled workers, professionals, and other, less-skilled workers. There are three subcategories within EB-3: Skilled workers: This category applies to those with a minimum of two years of work experience or training in a particular occupation. Professionals: This group consists of individuals holding baccalaureate degrees in their fields pursuing jobs requiring college degrees. Other workers: This category covers unskilled workers capable of performing jobs requiring less than two years of training or experience. Fourth Preference Category (EB-4): The EB-4 category is reserved for “special immigrants” who include religious workers, certain employees of the U.S. government abroad, and qualified individuals serving the U.S. military, among others.
Fifth Preference Category (EB-5): Lastly, the EB-5 category, also known as the Immigrant Investor Program, targets foreign investors willing to invest in the United States, create jobs, and positively impact the U.S. economy. In return, these investors can obtain a Green Card for themselves and their immediate family under this program.
At Orange Law, we can assist you in identifying the most effective course of action for pursuing an appeal in your immigration case. We will ensure that all forms and documents are filed correctly and assist you in taking the appropriate measures throughout this process. Reach out to us today to discover how we can be of assistance. For round-the-clock legal assistance, please contact us at +1(888)362-9008 or visit our office at 6100 Corporate Dr, Houston 77036.