Atlanta Based Business Green Cards

About Employment Based Green Cards in Atlanta and Marietta?

Employment based green cards require a specific procedure and documentation in order to acquire the card. Usually the first step is getting the employer to file a request with the U.S. Department of Labor for a certification if there are not enough U .S. workers qualified and willing to do the job in question. If the Department of Labor approves the application, a form (petition for alien worker) will be sent which becomes part of the application for a green card.

Green cards based upon employment are generally divided into 5 preference categories…

The First Category (EB 1)

This catagory may be divided into 3 sub categories…

  1. Aliens with extraordinary ability; alien must have extra ordinary ability in the sciences, arts, education, business, or athletics which has been sustained and well documented on a national and international level. Examples that easily come to mind are like a Nobel Prize winner, or an Olympic medalist. Such alien’s entry will also have to be to the benefit of the United States. The law defines extra ordinary ability as a level of expertise showing that the said alien is one of the very few who has risen to the top in that field. The hallmark of this sub category is that neither a labor certification, nor a job offer is necessary. However, the alien must be coming to the United States to continue work in that area of extra ordinary ability.
  2. Outstanding professors and researchers; must be internationally recognized with at least 3 years experience in teaching or research in the academic area. No labor certification required but an offer of employment from a prospective United States employer is necessary.
  3. Certain multinational executives and managers; the alien in the 3 years before his petition must have been employed for at least 1 year by a firm or corporation, or an affiliate or subsidiary, and the alien seeks admission to the United States to continue with same employer in a managerial or executive capacity. No labor certification needed, but there has to be a job offer from the prospective employer showing the alien is to be employed in a managerial or executive capacity.

The Second Category (EB 2)

Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability in the sciences, arts, or business; generally labor certification is required under this category. However, the hallmark of the EB 2 category is that a qualified alien can self-petition for a national interest waiver and if successful would not need a labor certification. National interest waivers are tough to obtain and needs a dedicated and skilled immigration attorney to guide you through that.

The Third Category (EB 3)

Skilled workers, professionals, and other workers; involves work requiring at least 2years training or experience, or professionals holding the equivalent of United States bachelor’s degree, and is a member of the professions, or other workers for work which there are no qualified workers in the United States. Labor certification is needed for every alien under the EB 3. Obviously this category flows more than any other with the growth or slowdown of the United States economy.

The Fourth Category (EB 4)

This is a special immigrant category requiring no labor certification and includes certain religious workers, employees or retired employees of the United States government abroad.

The Fifth Catagory (EB 5)

This category is for investors. No labor certification is necessary. Alien may self petition. This category may not be very well known because fewer people would qualify, and those who would qualify may not know about it. You must have a dedicated immigration attorney on your side to begin to navigate any of the employment based green card categories. That need is even greater in this category. The investment amount is usually $1m, but not less than $500,000.

Call the Marietta/Atlanta Immigration Law office of Victor Okeke for quality counsel and guidance with your business immigration need. The Immigration Law office of Victor Okeke can also assist with your temporary worker visa need such as; H-1B, H-1C, H-2A, and H-2B.