Brooklyn Employment & Investment Immigration Attorneys

Green cards and visas through a job, a business or an investment

Employers in the United States can sponsor foreign workers for permanent residence, and some people can qualify on their own because of their achievements or an investment. Temporary work visas, such as H-1B, L-1 and O-1, allow you to work here for a set period, but a green card is what allows you to build a permanent career. Usher Law Group helps workers, investors and employers in New York and New Jersey choose a category, meet its documentation requirements, and move the case through each agency.

For temporary work visas, see our visas page.

Employment-based green card categories

• EB-1, priority workers. People with extraordinary ability in the sciences, arts, education, business or athletics may petition for themselves with no job offer. Outstanding professors and researchers, and certain multinational executives and managers, also qualify, but they need a sponsoring employer.
• EB-2, advanced degrees or exceptional ability. Professionals with an advanced degree (or a bachelor's degree plus five years of progressive experience) and people with exceptional ability usually need a job offer and labor certification. Applicants who qualify for a National Interest Waiver can skip both and petition for themselves.
• EB-3, professionals, skilled workers and other workers. This covers jobs requiring a bachelor's degree, skilled jobs requiring at least two years of training or experience, and other jobs requiring less. A job offer and labor certification are required.
• EB-4, special immigrants. This includes certain religious workers, Special Immigrant Juveniles, certain broadcasters and other specific groups.
• EB-5, immigrant investors. See below.

Each category has an annual limit, and some countries have long waits. The State Department's Visa Bulletin shows when a priority date is current.

How an employer-sponsored case usually works

1. Labor certification (PERM). For most EB-2 and EB-3 cases, the employer first obtains a prevailing wage determination and tests the labor market through recruitment steps set by the Department of Labor. The employer then files for certification that no qualified U.S. workers are available for the position at the required wage. Careful job descriptions and complete recruitment records matter, because the Department of Labor can audit the case.
2. Immigrant petition. The employer files Form I-140 with USCIS, showing that the worker meets the job requirements and that the employer can pay the offered wage. EB-1 and National Interest Waiver applicants file their own I-140 without PERM.
3. Green card application. When a visa number is available, the worker applies to adjust status in the United States on Form I-485 or goes through consular processing abroad. Spouses and unmarried children under 21 can usually apply as dependents.

Documenting EB-1 and National Interest Waiver cases

Self-petition categories are evidence-heavy. Depending on the category, useful evidence can include awards, publications, citations, judging the work of others, memberships that require outstanding achievement, press coverage, high salary, and letters from independent, respected people in your field explaining the significance of your work. For a National Interest Waiver, you must also show that your proposed work has substantial merit and national importance and that you are well positioned to advance it.

Investor options

EB-5 Immigrant Investor Program

EB-5 leads to a green card through an investment in a new commercial enterprise that creates at least 10 full-time jobs for qualifying U.S. workers. The standard minimum investment is $1,050,000, or $800,000 in a targeted employment area (a rural area or an area of high unemployment) or an infrastructure project. The investor must show that the funds came from a lawful source and are at risk.

Investors first receive a conditional green card valid for two years. To keep permanent residence, the investor files a petition to remove conditions showing that the investment was sustained and the job creation requirement was met.

E-2 treaty investor visa

The E-2 is a temporary visa for nationals of countries that have a qualifying treaty with the United States. The investor must put a substantial amount of capital at risk in a real, operating business and come to develop and direct it. There is no fixed minimum; the amount must be substantial in relation to the business. The investor's spouse may work, and certain employees of the same nationality may also qualify. The E-2 does not lead directly to a green card, but it can be renewed as long as the business and the investor continue to qualify.

How we help

• Compare categories based on your education, experience, achievements and goals
• Guide employers through prevailing wage, recruitment and PERM filing requirements
• Prepare I-140 petitions, including EB-1 and National Interest Waiver evidence packages
• Review EB-5 investment documents and source-of-funds evidence, and prepare the petition to remove conditions
• Prepare E-2 applications, including business plan and investment documentation
• Respond to Requests for Evidence and prepare for interviews

What to gather

• Resume, diplomas, transcripts and credential evaluations for foreign degrees
• Letters from past employers describing your duties and dates of employment
• Your passport, visas, I-94 and any prior immigration filings
• For self-petitions: awards, publications, citations, press and reference letters
• For investors: business formation documents, the business plan, and records tracing the source of funds

For more background, see our articles on employment verification in work visas and investor visas.

Frequently asked questions