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Category: Green Card through Employment
  1. Can my employer sponsor me for a “Green Card”?
  2. First Preference for Green Card
  3. Second Preference for Green Card
  4. Third Preference for Green Card
  5. What is a National Interest Waiver (NIW)?
  6. Can I obtain a Green card by investing money in the Unites States?



  1. Can my employer sponsor me for a “Green Card”?
    Yes. The following includes the preferences (numerical limitations or quotas) for employment-based green cards:
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  2. First Preference for Green Card
    Persons of Extraordinary Ability in the sciences, arts, education, business, or athletics who have continued national or international fame. These people should continue to work in the same kind of job and must show it would benefit the U.S. for them to become permanent residents.
    Outstanding Professors and Researchers must be internationally recognized in particular areas of study and have at least 3 years of academic research or teaching experience. They must have tenured or tenure-track positions at universities or institutes of higher education, or in comparable research positions in institutions that employ at least three full-time researchers. Such institutions must also show documented accomplishments in the field.
    Multinational Executives or Managers require people to be employed abroad in the same job during at least 1 of the 3 years before applying for admission to the U.S. as priority workers. They must enter the U.S. to be employed as executives or managers for the same firm, corporation, or legal entity, or for a subsidiary or affiliate of the entity that employed them abroad.
    [Note : Preferences are numerical limitations or quotas.]
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  3. Second Preference for Green Card
    Members of the professions holding advanced degrees who do not meet the national interest waiver criteria.
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  4. Third Preference for Green Card
    Professional workers (those with baccalaureate degrees) or skilled workers (those capable of doing work that requires at least two years experience or training), in positions that need qualified workers who are not available in the U.S.; other workers (unskilled labor), that is not temporary or seasonal, in positions that need qualified workers who are not available in the U.S.
    In the employment-based preference categories, employers must get labor certification from the U.S. Department of Labor. The job must be offered at or above the normal pay. The employer must find out what “normal pay” is from the State Workforce Agency (SWA). To obtain this certification, the employer must first try to hire U.S. workers. The employer must be able to show that there are no qualified U.S. workers who want to take the job. Such certification only counts if, when the application was filed, the employer says they are of filing for certification to:
    • the bargaining representative (union) of the workers in the job category and area where the company is seeking to hire people who aren’t U.S. citizens,
      OR
    • if a union does not exist, to the people already working at the employer by putting up announcements in obvious locations.
      Anybody has the right to turn in evidence and documents to the Department of Labor that have to do with or that challenge the statements the employer made in the application for labor certification on file with the Department of Labor. This evidence can be information on available workers, wages and working conditions, and any information on the employer's failure to follow the rules about employing workers who aren’t U.S. citizens.
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  5. What is a National Interest Waiver (NIW)?
    The Employment-Based Second Preference Category involves people in professions Typically you need an employer and to file labor certification with the State Department for this category, however the Attorney General may eliminate this requirement if the work the non-US citizen does is in the national interest.
    To obtain a national interest waiver, your work must benefit the U.S. in the national interest. Since the law does not clearly define the term "national interest," the following factors are used to determine what it is: improvement of the U.S. economy, pay and working conditions for U.S. workers, and education, health care, the environment, and housing. Another factor that the USCIS really respects is an interested government agency request.
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  6. Can I obtain a Green card by investing money in the Unites States?
    Yes. As an immigrant investor, you must invest at least $1 million in a new commercial enterprise, which employs at least ten U.S. citizens on a full-time basis. If the investment is made either in a rural area or an area with high unemployment, the minimum investment need only be $500,000, but that option has a restricted quota of 3,000 investor visas for what are called "targeted investment areas."
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