The United States receives more immigrants than any other country in the world. In fact, approximately 17% of the American workforce is foreign-born according to the U.S. Bureau of Labor Statistics. While there are multiple ways in which people may be eligible to live and work in the United States as permanent residents (green card holders), many people qualify through employment. Foreign nationals may be able to obtain an employment-based green card when they have a job offer from certain U.S. based employers or they can prove they have what is called “extraordinary ability” to come to the U.S. and continue developing their craft.
Table of ContentsMany of the people who become eligible for employment-based, or EB immigrant visas, first come to the U.S. with a nonimmigrant, employment-based visa. (A nonimmigrant visa is a temporary visa.) The most common one is the H-1B, issued for workers in “specialty occupations.” These can be renewed, but employers may also opt for applying for a more permanent EB visa that opens a path to permanent residency.
The U.S. government grants approximately 140,000 visas each fiscal year for employment-based immigrants and their families. There are five preference categories of employment-based green cards divided primarily based on the applicants’ experience, skills and abilities. Each green card type is specific to the kind of workers they admit and the preference each of these visas receive during processing.
Extraordinary ability is a rather broad term that includes three categories: multinational executives and managers, professors and researchers, and the general “extraordinary ability” general category, where applicants have to demonstrate their ability through national and international acclaim in business, the arts, science, education, or athletics. Some examples of people who could be eligible for this type of visa could include academics who’ve won important awards such as the Nobel Prize, researchers pursuing tenure in American universities, and famous artists that can prove their international recognition.
The most important aspect of this visa is that those eligible in some categories don’t need a job offer, just evidence of their outstanding ability, like winning an Oscar. Others in this category do need a job offer, for example, a professorship on a tenure track, or a manager/executive position from an American employer that has operated in the U.S. for at least a year.
One of the differences between this visa and the non-immigrant H-1B, for example, is that employers don’t need to complete the labor certification process - meaning, employers extending offers under this category are not required to prove that there aren’t others in the American job pool that could do the job.
The evidence that accompanies these applications goes more along showing that your work as a person of outstanding ability is truly outstanding and is recognizable in your field. Some examples of evidence could be publications, art exhibits, awards and recognitions from organizations in their field.
The EB-2 category probably covers the largest number of people that are potentially eligible to apply for an employment-based green card. Many H-1B visa holders, who have advanced degrees or a bachelor’s degree with relevant professional experience, are eligible for the EB-2 green card. A job offer from a qualified employer is also required.
There are three different sub categories of the EB-2 visa in which you may qualify for eligibility:
Even at times when employment-based visas were brought to a halt, National Interest waiver applications were still considered in order to bring people that could advance treatment and vaccine efforts to the U.S. during the pandemic.
