Many immigrants can work and live permanently in the U.S. by obtaining an employment-based green card. However, determining eligibility and completing the process involves complex and detailed requirements. The attorneys at Kiang Immigration Law apply over 30 years of immigration law experience to help individuals and employers navigate the complicated process of obtaining employment-based green cards. Based in Alhambra, California, we serve clients throughout the Greater Los Angeles area and Southern California, across the United States, and around the world.

Our Extensive Experience and Client-Focused Approach

Navigating the employment-based green card requirements and process requires reliable guidance from a knowledgeable immigration attorney. Over more than three decades of immigration law practice, Kiang Immigration Law established a reputation as a preeminent immigration law firm in the community. Helping individuals and employers obtain employment-based green cards is an important part of our comprehensive immigration legal services.

Our attorneys, William Kiang and John Kiang, focus exclusively on immigration law, which enables us to devote our full attention to each client’s immigration needs. Our extensive knowledge of immigration law includes thorough familiarity with the categories of employment-based green cards, the application requirements, and the detailed processes for obtaining lawful permanent residence for employment reasons. In addition, our dedication to providing the highest level of client service means that we always answer questions, address concerns, and maintain ongoing communication with a client throughout the entire course of a visa matter.

Preference Categories for Employment-Based Green Cards

To apply for an employment-based green card, a non-U.S. citizen must qualify in one of five different preference categories. In some categories, a U.S. employer must obtain a labor certification approval and file a petition to sponsor the applicant with United States Citizenship and Immigration Services (USCIS) for the applicable preference category.

For a person interested in acquiring an employment-based green card or an employer wishing to sponsor a person, the eligibility requirements and application process are complex. Getting advice from an experienced immigration lawyer before proceeding is crucial. Kiang Immigration Law has extensive experience in helping employers and individuals successfully complete the process.

The five preference categories for an employment-based green card are as follows:

EB-1: Priority Workers and Persons of Extraordinary Ability

The EB-1 category includes priority workers and persons of extraordinary ability. There are three subcategories in the EB-1 category:

1. Persons with extraordinary ability in the sciences, arts, education, business, or athletics: This subcategory requires documentation demonstrating recognition in the field of achievement. A specific job offer is not required. An applicant may file their own petition.
2. Outstanding professors and researchers: This subcategory includes internationally recognized professors and researchers with at least three years of experience. A job offer and employer sponsor are required.
3. Multinational managers or executives: This subcategory requires employment for at least one of the three preceding years by an overseas affiliate, parent, subsidiary, or branch of a U.S. employer. A job offer and employer sponsor are required.

EB-2: Professionals with Advanced Degrees and Persons of Exceptional Ability

The EB-2 category includes individuals in two subcategories:

1. This subcategory includes persons with an advanced degree or the equivalent, which is a bachelor’s degree plus five years of post-degree progressive work experience.
2. Individuals with exceptional ability, which is a degree of expertise significantly exceeding that ordinarily encountered, in the sciences, arts, or business may qualify under this subcategory. Specific criteria must be met.

A permanent job offer and employer sponsor are required unless you are self-petitioning and requesting a national interest waiver (NIW).

EB-3: Skilled Workers, Professionals, and Other Workers

The EB-3 category includes persons in three subcategories:

1. Skilled workers with at least two years of relevant employment experience, education, or training may qualify in this subcategory.
2. Professionals holding a bachelor’s degree in a field requiring a bachelor’s degree for entry into the occupation may qualify in this subcategory.
3. This subcategory includes other workers, who perform unskilled work (requiring less than two years of training or experience) that is not of a temporary or seasonal nature.

A permanent job offer and employer sponsor are required.

EB-4: Special Immigrants

The EB-4 category includes a wide range of individuals who meet specific criteria relevant to their unique circumstances and qualifications, including: Religious workers, Special Immigrant Juveniles, certain broadcasters, members of the U.S. armed forces, specific employees of the U.S. government in foreign countries, certain physicians, Panama Canal or Canal Zone employees, foreign nationals who supplied information relating to criminal or terrorist organizations or operations (S nonimmigrants). A labor certification and employer sponsor are not required.

EB-5: Immigrant Investors

The EB-5 category includes immigrant investors wishing to invest at least $800,000 in a new business enterprise that creates jobs for U.S. workers. Strict eligibility requirements apply, and it is crucial for EB-5 applicants to be guided by an experienced immigration attorney. The attorneys at Kiang Immigration Law have a long record of success in assisting their clients to obtain green cards through the EB-5 process.

Employment-Based Green Card Process

The number of green cards available in each employment-based category is limited on an annual basis. The process varies depending on the preference category that applies to the work of the applicant and whether an employer sponsor and labor certification are necessary. In all cases, eligibility criteria and document requirements apply, and the process includes multiple steps and forms that must be properly completed. Attempting to navigate the process without experienced legal counsel is strongly discouraged.

With more than three decades of immigration law experience helping clients with the employment-based green card process, Kiang Immigration Law has the knowledge and skill to help clients with all aspects and steps in the process, from beginning to end.