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Employment-Based Green Card Categories

Below is a list of the various ways that you may qualify for an employment-based permanent residency:

Employment First Preference (EB 1)

• Persons with extraordinary ability
• Outstanding professors and researchers
• Managers and executives in multinational companies

No Labor Certification is required for these categories. For persons of extraordinary ability in the sciences, arts, education, business, and athletics, a job offer is also not required.

Employment Second Preference (EB 2)

• Professionals with advanced degrees
• Persons with exceptional ability
• Husband or wife
• Exceptional professors and researchers
• Married son or daughter of any age
• National Interest Waiver

Job offer and Labor Certification are required in this category. Job offer and Labor Certification can be waived in the National Interest Waiver category..

Employment Third Preference (EB 3)

• Professionals with a U.S. Bachelor's or foreign equivalent degree
• Skilled workers
• Unskilled workers

The beneficiary should have a job offer and the employer must submit Labor Certification application.

Employment Fourth Preference (EB 4)

Special immigrants and religious workers.

Employment Fifth Preference (EB 5)

Investors in commercial enterprises.

Schedule A

Schedule A is a list of occupations, set forth at 20 CFR 656.15, for which the Department has determined there are not sufficient U.S. workers who are able, willing, qualified and available. In addition, Schedule A establishes that the employment of aliens in such occupations will not adversely affect the wages and working conditions of U.S. workers similarly employed. Persons in Schedule A Occupations can bypass the LC process and have an immigrant petition filed by their employer directly with the US CIS.

The occupations listed under Schedule A include:

• Physical Therapists - who possess all the qualifications necessary to take the physical therapist licensing examination in the state in which they propose to practice physical therapy; and
• Professional Nurses - the alien (i) has a Commission on Graduates in Foreign Nursing Schools (CGFNS) Certificate, (ii) the alien has passed the National Council Licensure Examination for Registered Nurses (NCLEX-RN) exam, or (iii) the alien holds a full and unrestricted (permanent) license to practice nursing in the state of intended employment.
• Sciences or arts (except performing arts) - Aliens (except for aliens in the performing arts) of exceptional ability in the sciences or arts including college and university teachers of exceptional ability who have been practicing their science or art during the year prior to application and who intend to practice the same science or art in the United States. For purposes of this group, the term "science or art" means any field of knowledge and/or skill with respect to which colleges and universities commonly offer specialized courses leading to a degree in the knowledge and/or skill. An alien, however, need not have studied at a college or university in order to qualify for the Group

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