Posts Tagged ‘employment-based green card’

I’ve heard a lot about employment-based green card categories. What is the difference between EB-2 and EB-3?

Mar 09, 2010 by No Comments

The EB-2 category is for professionals holding a Master’s or higher degree or the equivalent.  The equivalent means a Bachelor’s degree + 5 years of progressive experience following that degree in the person’s field.  Experience is progressive if the job duties and responsibilities increase over time. 

To qualify for EB-2, the position for which the person is being sponsored must require an advanced degree or the equivalent and the person must have earned that degree (or the comparable education and experience stated above).  

Included in the EB-2 category are Schedule A occupations and National Interest Waiver (NIW) petitions.  Schedule A occupations are jobs determined by the Department of Labor (DOL) to be in short supply.  These include physical therapists, nurses, persons of exceptional ability in the sciences or arts and university teachers. 

NIW’s are for individuals who can demonstrate that their proposed position is in a field of national interest and their unique skills are of intrinsic benefit to the U.S.  Generally, the EB-2 category requires the employer to test the labor market for qualified U.S. workers before filing a green card petition.  This is not required for Schedule A and National Interest Waiver petitions.     

The EB-3 category covers three types of individuals: (1) professionals with a Bachelor’s degree and fewer than 5 years of post-Bachelor’s experience; (2) skilled workers with at least 2 years of training or experience (includes Associate degrees and other post-high school education); and (3) other workers with less than 2 years of training and experience.  Testing the labor market is required for all of these categories. 

The EB-2 category has a much shorter wait for getting an actual green card than the EB-3 category, so it’s the preferred option, if available.  Please contact our immigration law firm if you have any questions about the employment-based green card categories.

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Are there any situations in which I may extend my H-1B status beyond 6 years?

Feb 16, 2010 by No Comments

The general rule is that H-1B status may be granted for a maximum period of 6 years.  Typically, an individual who has reached 6 years must depart the U.S. at the end of the 6th year.  If an individual leaves the country and stays outside the U.S. for one year or more, he/she is eligible to apply for another 6 years in H-1B status, but will be subject to the annual cap (quota).

There are two exceptions that allow an individual to remain in the U.S. beyond the 6-year maximum without having to return home.  First, H-1B status may be extended beyond 6 years if a labor certification application (also known as, a PERM application), an I-140 immigrant petition, or an adjustment of status application was filed on the H-1B holder’s behalf at least 365 days prior to the expiration of his/her current H-1B status, and the case is still pending.

Under this exception, H-1B status may be extended in 1-year increments until there is a decision on the application or petition.  Second, H-1B status may be extended beyond 6 years for any person who is the beneficiary of a first, second, or third employment-based petition, who,  due to per country limitations (i.e. availability of a visa) is unable to file for or obtain immigrant status.  For this exception to apply, the individual must have an approved I-140 immigrant petition.

Under this exception, H-1B status may be extended in 3-year increments until a visa number is available and there is a decision on the adjustment of status (“green card”) application.

If you require the assistance of an immigration attorney with questions regarding your H-1B status and eligibility for extensions, please don’t hesitate to contact our office.

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Posted in FAQ Employment-Based Green Card, FAQ H-1B, H-1B | Read More »