Law Office of Bonnie Stern Wasser
—Bringing People Together—
Permanent Residence (Green Card) Categories
EMPLOYMENT BASED IMMIGRATION
"Preferences" refers to immigraion categories that have an annual limit per country. All family-based preference categories have quotas or backlogs because demand exceeds supply. Some employment-based categories are backlogged. See FAQ's.
- "First Preference" ("Priority workers") ("EB-1")
- Extraordinary ability aliens in sciences, arts, education, business or athletics
- Outstanding researchers or professors
- Multinational executives and managers
- "Second Preference" ("EB-2")
- Members of the professions holding advanced degrees (Labor certification required.)
- Persons of exceptional ability in the sciences, arts or business (Labor certification required)
- Advanced degree professionals and persons of exceptional ability whose work is in the national interest (Labor certification may be waived).
- "Third Preference" ("EB-3")
- Skilled workers (with two years or more experience) and professionals (with at least a bachelors degree)
- Unskilled workers (with less than two years experience)
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"Fourth Preference" ("Special Immigrants" "EB-4")(certain religious workers, dependent juveniles, Panama Canal Zone employees, certain international organization employees and dependents, certain employees of US businesses and the US mission in Hong Kong, certain foreign medical graduates, certain members of the US Armed Forces, and certain former diplomats.)
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"Fifth Preference" ("Employment creation" "EB-5")based on investments of $500,000 to $1 million and job creation
Labor certification (labor market testing) is not required for the above categories.
Labor certifications is required in both categories.
FAMILY BASED IMMIGRATION:
"Immediate Relatives" not Subject to Quota System
This includes children under 21, spouses and parents of US citizens and certain widow(er)s of US citizens. Immediate relatives are NOT subject to the quota or preference system.
Preference System - Subject to Quotas
- "First Preference" ("FB-1")Unmarried sons and daughters over 21 of US citizens
- "Second Preference"
- Spouses and children of permanent residents ("FB-2A")
- Unmarried sons and daughters of permanent residents ("FB-2B")
- "Third Preference" ("FB-3")Married sons and daughters of US citizens
- "Fourth Preference" ("FB-4")Brothers and sisters of adult US citizens
DIVERSITY IMMIGRANTS
Annual visa lottery of 50,000 visas for persons from various countries based on annual visa usage - nationals of countries eligible change from year to year. (There are proposals in Congress to eliminate this method of immigration.)
VARIOUS SPECIALIZED PROGRAMS BASED ON NATIONALITY
Examples: Cuban adjustment, Haitian adjustment, Temporary Protected Status (TPS) for several nationalities, Family Unity (for relatives of the 1986 amnesty program), and various programs for several nationalities stemming from class action lawsuits. In addition, if someone finds themselves in removal proceedings before an immigration judge, if eligible for "cancellation of removal," he or she will become a permanent resident. Asylees and refugees may seek permanent residence after one year.
Updated 10/2011
