5 Types of Employment-Based Visas to Obtain a Green Card

The United States, a country that welcomes more immigrants than any other, saw Hispanics represent nearly half of the foreign-born labor force in 2022. According to a recent report from the U.S. Bureau of Labor Statistics, 18.1% of the country's labor force comes from abroad. This report highlights that foreign-born men participated in the labor force at a higher rate, 77.4%, compared to 66% for native-born men. In contrast, the labor force participation rate for foreign-born women was 55%, slightly below the 57.2% rate for native-born women.

That same year, immigrant workers were more likely to be employed in service occupations; natural resources, construction, and maintenance-related fields; and production, transportation, and material moving jobs. On the other hand, they were less likely to hold management positions, related professions, and sales roles. Although there are several ways to obtain permanent residency to live and work in Miami and the United States in general, many immigrants secure a green card through job offers from U.S. companies or by demonstrating exceptional ability in their field.

Some foreign nationals initially arrive in the United States on a temporary nonimmigrant visa, such as the H-1B, commonly granted to workers in “specialty occupations.” They later seek to become permanent residents through an EB visa. There are five EB visa categories, each designed for different professions or skill sets. Each year, approximately 140,000 employment-based visas are granted to immigrants and their families, some of which require a prior job offer.

Requirements vary depending on the visa option chosen to obtain permanent residency. In most cases, the employer must sponsor the foreign worker by filing Form I-140 with U.S. Citizenship and Immigration Services (USCIS). However, before doing so, a labor certification must be obtained from the Department of Labor (DOL) using Form ETA 9089.

• The EB-1 VISA is intended for immigrants with extraordinary ability. This category includes individuals with extraordinary ability in the sciences, arts, education, business, or athletics, outstanding professors and researchers, and executives or managers of multinational companies.
• The EB-2 VISA is reserved for professionals with advanced degrees or exceptional ability in the arts, sciences, or business, as well as those whose work is in the national interest.
• The EB-3 VISA is for skilled workers, professionals, and other workers. This visa requires a full-time job offer and labor certification from the employer.
• The EB-4 VISA is granted to “special immigrants,” which include certain religious workers, U.S. foreign service employees, retired employees of international organizations, minors under the protection of U.S. courts, and other categories of foreign nationals.
• The EB-5 VISA is for business investors who invest $1 million or $500,000, provided the investment is made in a targeted employment area and in a new enterprise that employs at least 10 full-time U.S. workers. Applicants for this visa do not need a labor certification.

All individuals who obtain a green card through employment may bring their immediate family members, such as spouses and unmarried children under 21, to live in the United States. However, some exceptions and limitations apply.

Navigating the complex U.S. immigration system can be challenging. Therefore, it is highly recommended to seek the help of an immigration attorney. If you are considering applying for a work visa to reside in the United States, we invite you to schedule an immigration legal consultation to receive professional, personalized guidance on your path to a green card.

Contact us to schedule a consultation and find out if you qualify for one of these visas.