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Employment Based Permanent Residence: Breaking Down the Options

If you are looking for the most effective ways to bring in employees to the United States to work in your business, there are many details to consider. An excellent option for many companies is to bring people in as employment based permanent residence. This allows you to bring on the right individuals and keep them working for the company as long as possible with few ongoing immigration related issues.

USCIS (United States Citizenship and Immigration Services) has created four different categories for employment-based immigration. The category for the employees you are bringing in will depend on what type of company you’re running, as well as what role the employee will fill at your company. The following is an overview of each of these options. Please contact us for help with your specific needs!

The EB-1 Category

The EB-1 category is for companies bringing in employees with extraordinary abilities in their field. The fields that can qualify are the sciences (including technology), art, education, business, and athletics. Professors and researchers in these categories can also qualify under this category, as can executives and managers of multinational organizations.

The EB-2 Category

This category is somewhat similar to the EB-1 category except that employees are approved based on their ability to substantially benefit the economy, culture, or educational interests of the United States. Like the EB-1 category, EB-2 is focused on bringing those with high skill levels in the sciences, art, education, business, and athletics.

The EB-3 Category

The EB-3 category is offered to newer workers who have fewer than two years of experience in their industry. These are often unskilled workers who are brought in to perform labor. Companies are encouraged to seek US citizens to fill the role first, but if none are found, the EB-3 Category is available to bring in the help they need.

The EB-4 Category

This category is quite broad and is used by many companies who need specific help. The category lists the exact types of professions that can qualify. Included in this category are religious workers, broadcasters (television or radio), Iraqi or Afghan translators, physicians, those in the armed forces, those working at the Panama Canal, and retired NATO-6 employees and their spouses & children.

Determining which of these categories is right for the employees you are looking to bring in can be difficult and confusing. Attempting to apply for the wrong category can cause delays and other problems, which is why it is so important to work with a qualified immigration attorney to evaluate your situation and help you choose which category of employment based permanent residence you should be seeking. Please contact us today to learn more!