Know Your Employment-Based Green Card Preference Categories

If you, or if your employee or client meets employment-based green card eligibility requirements, this is the year to file.  In a normal calendar year, there are 140,000 of these green cards available to companies that permanently employ foreign nationals.  This year, starting October 1, 2021, there will be over 290,000 available.

Why is this the case?  Unused family-based visas roll over into the following fiscal year as employment-based visas.  Last year, 150,000 foreign nationals were unable to use these visas because immigration requires an in-person interview at the US consulate in their home country.  Last year, many of these consulates were closed due to the COVID-19 pandemic.  That means the number of employment-based green cards available for the fiscal year of 2022 will more than double.

Employment-based green cards are broken down into five preference categories:

Employment-based first preference:

1. Workers in the arts, sciences, athletics, education, and business fields with extraordinary ability.
2. Outstanding researchers and professors.
3. Multinational managers and executives that meet certain criteria.

Employment-based second preference:

1. Workers whose proffered positions require a US master’s degree or higher or its academic equivalent.
2. Workers who have a National Interest Waiver.

Employment-based third preference:

1. Workers with bachelor’s degrees
2. Skilled workers
3. Unskilled labor workers

Employment-based fourth preference:

1. Certain special immigrants who fall into this category as detailed by USCIS.
2. Religious workers
3. Others as detailed by USCIS

Employment-based fifth preference: 

1. Immigrant investors who have invested at least $1 million
2. Immigrant investors who have invested at least $500,000 in a Targeted Employment Area.

ears, employment-based green card holders can qualify for US citizenship.  In addition to this benefit of employment-based green card status, beneficiaries can travel freely, their children can attend US public schools, and their spouses and children can work in the US.

Not sure what preference category is a fit for your situation?  Let us review your case for free.  Visit www.ccifree.com and we will respond in 4 hours or less.

Sheila Danzig

Sheila Danzig is the director of CCI TheDegreePeople.com.  Sheila specializes in overturning RFEs and Denials for work visas.