I-140 Petitions
To apply for permanent residency through employment, either a U.S. employer or in some situations, the applicant themselves, must submit an I-140 petition to USCIS.
For EB-2 and EB-3 green cards, the employer must undergo the PERM process before an I-140 can be submitted. For EB-1 green cards, the petition can be submitted without a U.S. sponsor undergoing PERM.
EB-1 Green Card
The EB-1 green card can be divided into three categories.
EB-1A visas are for people of extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Those who are applying under this category do not need a U.S. sponsor.
The EB-1B green card category is for outstanding researchers and professors with international recognition for outstanding achievements in a particular academic field. Candidates need to have at least 3 years experience in teaching or research in their respective academic field, and they must be pursuing a tenure or tenure track teaching or a comparable research position at a university, institution of higher education, or private employer.
The EB-1C is for certain multi-national executives or managers who have been employed outside the United States for at least 1 year in the 3 years preceding the petition or the most recent lawful nonimmigrant admission if you are already working for the U.S. petitioning employer.
EB-2 Green Card
There are two categories under the EB-2 green card.
The first category is for positions requiring an advanced degree, such as a Master's, MBA, J.D., M.D., Ph.D., etc.
The second category is referring to as the National Interest Waiver (NIW). It is for candidates possessing exceptional ability in the sciences, arts, or business.
EB-3 Green Card
EB-3 green cards can be divided into three categories.
The first category is for professional workers possessing a bachelor's degree.
The second category is for skilled workers possessing at least two years of experience, education, or training in a particular field required by the sponsoring employer.
The third category is for unskilled workers performing labor requiring fewer than 2 years of training or experience, that is not of a temporary or seasonal nature.
