Silver Spring Employment Immigration Attorney

EB-2: Professionals with Advanced Degrees or Exceptional Ability

This category is for individuals who possess an advanced degree (master’s or higher) or demonstrate exceptional ability in their field. Some applicants may qualify for a National Interest Waiver (NIW), which allows them to bypass the employer sponsorship requirement if they can prove their work benefits the United States.

EB-3: Skilled Workers, Professionals, and Other Workers

The EB-3 category applies to skilled workers with at least two years of experience, professionals with a bachelor’s degree, and other workers in positions that require less than two years of training or experience. Most EB-3 applicants require employer sponsorship and labor certification through the PERM process.

EB-4: Special Immigrants

This category is designated for special immigrants, including religious workers, employees of U.S. foreign service posts, and certain other unique groups.

EB-5: Immigrant Investors

The EB-5 program is for investors who make a substantial financial investment (typically $800,000 to $1,050,000) in a U.S. commercial enterprise and create at least ten full-time jobs for U.S. workers.

The Employment-Based Green Card Process

Obtaining an employment-based green card generally involves multiple steps:

• Labor Certification (PERM Process) – For most EB-2 and EB-3 applicants, the employer must first obtain a labor certification from the Department of Labor, proving that there are no qualified U.S. workers available for the job.
• Filing Form I-140 (Immigrant Petition for Alien Worker) – The employer files this petition with U.S. Citizenship and Immigration Services (USCIS) to demonstrate that the applicant meets the qualifications for the specific green card category.
• Adjustment of Status or Consular Processing – If the applicant is already in the U.S. on a valid visa, they can file Form I-485 for an adjustment of status. If outside the U.S., they must complete consular processing at a U.S. embassy or consulate.