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Green Card Through Employment


You might be eligible for a Green Card through employment. Generally, in order to qualify for an employment-based Green Card you must be sponsored by an employer through the “Labor Certification” process. In order to obtain a Green Card through Labor Certification an employer must conduct recruitment and file an application with the Labor Department that shows that there are no willing or qualified American workers to fill the position that has been advertised. Certain categories of applicants are eligible to obtain an employment-based Green Card without Labor Certification.


Permanent Resident Card

Obtain a Green Card Through Labor Certification

Beneficiaries of an approved Labor Certification are not always immediately eligible to apply for a Green Card. Green Card applications are accepted based on a tiered preference system, with priority going to foreign nationals who will fill jobs that require an advanced degree and experience.

The Second Preference Category The Second Preference Category

Reserved for applicants who are offered a job that requires a Master’s degree or Bachelor’s degree and experience.

The Third Preference Category “Professionals” The Third Preference Category “Professionals”

Reserved for applicants who are offered a job that requires a Bachelor’s degree.

The Third Preference Category  “Skilled Workers” The Third Preference Category “Skilled Workers”

Reserved for applicants who are offered a job that requires at least two years of experience.

The Third Preference Category “Other Workers” The Third Preference Category “Other Workers”

Reserved for applicants who are offered a job that requires less than two years of experience.

Obtain a Green Card Without Labor Certification

Applicants who qualify in one of the categories that do not require Labor Certification obtain a Green Card faster than applicants whose prospective employers are required to test the labor market.

Individuals of Extraordinary Ability Individuals of Extraordinary Ability

Qualifying individuals with extraordinary ability in sciences, arts, education, business or athletics are not required to go through the Labor Certification process.

Researchers and Scientists Researchers and Scientists

Qualifying professors and researchers who are recognized internationally as outstanding in a specific academic area are not required to go through the Labor Certification process.

National Interest Waiver National Interest Waiver

A waiver of the Labor Certification is available to qualifying individuals who hold an advanced degree and who will substantially benefit the national economy, cultural or educational interests, or welfare of the U.S. as a result of their ability.

Physicians in Underserved Areas Physicians in Underserved Areas

Qualifying physicians who can work full-time in health shortage areas for the VA may obtain a waiver of the Labor Certification requirement.

Religious Workers Religious Workers

Qualifying religious workers who will serve as a minister or work in a religious vocation or occupation are not required to go through the Labor Certification process.

Investors Investors

Qualifying entrepreneurs who invest $1,000,000 (or under certain circumstances $500,000) are not required to go through the Labor Certification process.

Multinational Managers and Executives Multinational Managers and Executives

Qualifying Managers and Executives who have transferred from a foreign organization to work for a U.S. parent, subsidiary, affiliate or branch, are not required to go through the Labor Certification.


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