Employment-Based Green Card

The Employment-Based Green Card is the process whereby an applicant seeks to obtain Permanent Residency in the United States. For most occupations, a Labor Condition Certification must be obtained prior to filing an Employment-Based Green Card petition. Once the Labor Certification is obtained, the applicant files a Form I-140, Petition for Alien Worker. There are certain exceptions to the Labor Certification process in special circumstances.

PERM

Permanent Labor Certification is issued by the U.S. Department of Labor (DOL) and allows the employer to hire a foreign worker to work permanently in the United States. In most instances, before a U.S. employer can submit an immigration petition to USCIS, the employer must obtain an approved Labor Certification from the DOL’s Employment and Training Administration. This process involves running a series of job advertisements in various formats and interviewing all applicants to determine their qualifications for the position. The DOL must certify to USCIS that there are no qualified U.S. workers able, willing, qualified, and available to accept the job at the prevailing wage for the occupation in the area of intended employment, and that employment of the alien will not adversely affect the wages and work conditions of similarly employed U.S. workers.

Schedule A

Schedule A green cards are an employer-sponsored permanent residency pathway for occupations that the U.S. Department of Labor (DOL) has pre-certified as experiencing a national shortage. Currently, those occupations are Registered Nurses and Physical Therapists. For these occupations, employers do not need to complete the PERM labor certification process. Instead, employers file the immigrant petition directly with supporting evidence, allowing for a more streamlined green card process.

Extraordinary Ability

Extraordinary Ability (EB-1A)–

EB-1A green cards are designed for individuals who can demonstrate sustained national or international acclaim in their field through a high level of achievement. Applicants must show they are among the small percentage at the very top of their profession, supported by evidence such as awards, publications, press, or original contributions of major significance. This category allows self-petitioning and does not require employer sponsorship or PERM, making it one of the most flexible paths to permanent residence for top tier talent.

Outstanding professors and researchers (EB-1B)–

EB-1B green cards are for professors or researchers who have at least three years of experience and can show international recognition for outstanding achievements in their academic field. It requires a permanent job offer from a qualifying U.S. employer, such as a university or research institution, but it does not require the PERM process.

Multinational Managers

EB-1C green cards are for Individuals who are employed by multinational companies as a manager or executive and provide a green card pathway that does not involve labor certification. Applicants must have worked as a manger or executive at a foreign subsidiary for at least one year within the three years preceding their entry to the U.S.