For many, the opportunity to find a path to stay and work in the US permanently is a dream that can be a continuing dream. Sometimes, the rules can be overwhelming and confusing simply because there are multiple categories of visas, green card preferences, and ridiculous requirements.
If you live in Houston, you already know it’s one of the most diverse cities in the country. With a strong job market in industries like energy, healthcare, and technology, it attracts people worldwide. If you want to immigrate and move permanently for employment, you need an employment lawyer who can guide you best.
There is no need to put in a lot of effort; just search for “Houston employment immigration attorney near me” online, where you can find the right legal support for you. They can explain the categories, help with paperwork, and ensure you don’t miss important deadlines.
This article will cover the general categories of employment-based immigration and what it takes to qualify for each category. Then, we will give you an idea of whether you could qualify. You should have a good understanding of whether this immigration classification could be an option for you.
The Overview—Employment-Based Immigration
Employment-based immigration allows foreign nationals to apply for permanent residency (green card) based on skills or a job offer. The US has approximately 140,000 annual visas not family-based to apply to employment-based immigration, which is limited to preference categories.
The preference categories are ranked groups based on things like skill level, academic or work experience, or sector of the economy. Employment-based immigration can be competitive among applicants. Some visa categories can fill quickly and have long wait times.
Your country of origin can also be a factor because there are per-country limits. For example, people from India and China often have much longer backlogs than applicants from other countries.
The Five Preference Categories
The U.S. divides applicants into five main preference categories, with rules for each category:
EB-1: Priority Workers
This group contains people who are at the very top of their fields. The EB-1 group includes:
- People with extraordinary abilities in the sciences, arts, education, business, or athletics
- Outstanding researchers or professors
- Multinational executives and managers
EB-2: Advanced Degrees or Exceptional Ability
This category is for people who hold a master’s degree or higher in their field or have exceptional abilities. EB2 requires a labor certification unless you qualify for a National Interest Waiver (NIW).
EB-3: Skilled Workers, Professionals, and Other Workers
- Skilled Workers—Must have two years of experience or training.
- Professionals—Must have a bachelor’s degree.
- Other Workers—Must require less than two years of experience.
EB-4: Special Immigrants
This is an unusual category, which includes, for example,
- Religious workers.
- Certain broadcasters.
Approved US government employees abroad. This path is not common but valid and available for those deemed fit.
EB-5: Investor
This path is the route entrepreneurs use when their business invests $1 million (or $500,000 in targeted areas) in a company that builds a minimum of 10 jobs in the U.S. Someone wanting to invest dollars into the economy refers to this path.
Who Usually Qualifies?
You most usually will qualify if you’re in your favor and you:
- Have an advanced degree or extraordinary ability.
- Have an existing U.S. employer who will sponsor you.
- Can prepare detailed docs and provide documentation.
- We are willing to wait for potential backlogs and just the right fit and country of nationality.
Employers are commonly a big part of this. Most applicants require a job offer from a U.S. employer that can undergo the labor certification process (confirming that there is no qualified worker in the U.S. to fill the job).
General Obstacles to the Process
Getting a green card through employment is not guaranteed, and common problems include:
- Labor Certification (PERM)—It takes time for the employer to do all labor testing in the market.
- Visa Backlogs—Even though you may qualify, you may have to wait years to reach your priority date.
- Changing Jobs—Often, changing jobs may jeopardize your application.
- Strict Documentation—Getting paperwork or documents in timelines not included may be expensive and cause delays.
Key Takeaways
- Five major employment-based immigration categories (EB-1 to EB-5).
- Eligibility to apply can depend on skills, qualifications, or an employment offer.
- You will require labor certification unless you meet the EB-1, EB-4, and EB-5 exemption categories.
- Applications may have time delays based on visa backlogs—especially for applicants from designated countries.
- Many, often key, positions require employer sponsorship for your application.
Understanding your process within employment-based categories should help you establish realistic expectations while avoiding delays. For many, it is more than employment and opportunity forms to fill out; eventually, it’s a block from a better or more secure future—or a permanent location that meets your values.
