At Sharma Law Associates, we assist corporate clients and foreign applicants in navigating the complex employment-based immigrant visa process. An employment-based Green Card allows U.S. employers to sponsor foreign workers for permanent residency, filling gaps in the U.S. labor market with skilled professionals.

For most employment-based Green Card categories, the sponsoring employer must follow a rigorous process, including testing the labor market to ensure there are no qualified U.S. workers available before hiring a foreign national. This often involves labor certification through the Department of Labor (DOL).

Employment-based Green Cards are categorized into five preference levels (EB-1 to EB-5), each with its own set of eligibility criteria. These categories determine the type of foreign workers that qualify for sponsorship.

Employment-Based Green Card Preferences

1. EB-1: Priority Workers

• This category is for individuals with extraordinary ability, outstanding professors or researchers, and multinational executives or managers.

• Subcategories include:

• Extraordinary Ability: Applicants must demonstrate extraordinary ability in the sciences, arts, education, business, or athletics. No job offer or labor certification is required.

• Outstanding Professors and Researchers: Applicants must demonstrate international recognition in their academic field, with at least three years of experience.

• Multinational Executives and Managers: For individuals who have been employed by the sponsoring multinational company abroad for at least one year in the past three years.

2. EB-2: Advanced Degree Professionals or Exceptional Ability

• This category is for individuals with advanced degrees (master's or higher) or those who can demonstrate exceptional ability in their field.

• In most cases, the employer must obtain a labor certification and provide a permanent job offer.

• National Interest Waiver (NIW): The labor certification requirement can be waived if the applicant’s work is in the national interest of the U.S.

3. EB-3: Skilled Workers, Professionals, and Unskilled Workers

• This category includes:

• Professionals: Applicants must have at least a bachelor’s degree or foreign equivalent, and the job offered must require a degree.

• Skilled Workers: Applicants must demonstrate at least two years of experience or training in their field.

• Unskilled Workers: For positions requiring less than two years of experience or training. The job cannot be temporary or seasonal.

4. EB-4: Special Immigrants

• This category includes special immigrant workers such as religious workers, U.S. government employees, and others in specialized fields.

• Religious Workers: Applicants must have been a member of a legitimate religious denomination for at least two years before applying and intend to work for a non-profit religious organization in the U.S.

5. EB-5: Immigrant Investor Program

• This category is for foreign investors who make substantial investments in U.S. businesses that create jobs for American workers. Applicants must invest at least $1.05 million (or $800,000 in targeted employment areas) and create or preserve 10 full-time jobs for U.S. workers.

Labor Certification Process (PERM)

For most EB-2 and EB-3 categories, the employer must go through the Program Electronic Review Management (PERM) labor certification process, which includes:

• Testing the labor market to prove that there are no qualified U.S. workers available for the position.

• Demonstrating that the wages offered to the foreign worker meet the prevailing wage standards.

• Filing the labor certification application with the Department of Labor (DOL) and receiving approval before filing a Green Card petition with U.S. Citizenship and Immigration Services (USCIS).

Why Choose Sharma Law Associates for Employment-Based Green Card Services?

At Sharma Law Associates, we provide comprehensive guidance through each step of the employment-based Green Card process. Our services include:

• Eligibility assessments for both employers and foreign workers.

• Assistance with gathering required documentation, such as labor certification, job offers, and proof of qualifications.

• Filing of the PERM labor certification and supporting employers through the recruitment process.

• Preparation and filing of Form I-140 (Immigrant Petition for Alien Worker) with USCIS.

• Offering support for premium processing, RFEs (Request for Evidence), and Green Card interviews.

Frequently Asked Questions (FAQs)