Green Card through work in the United States: who can obtain it and what categories USCIS recognizes

To obtain permanent resident status in the United States, there are different paths, depending on the eligibility category that applies to each applicant. Therefore, it is necessary to identify which one fits your situation before starting the process.

The United States Citizenship and Immigration Services (USCIS) organizes these categories according to the different available paths to apply for the Green Card, since each one sets specific requirements and conditions.

Eligibility categories for the Green Card

Because not all people can apply under the same conditions or submit the same form, USCIS groups 8 general categories that encompass more specific subcategories:

• Permanent resident card through family.
• Permanent resident card through employment.
• Permanent resident card as a “special immigrant”.
• Permanent resident card through refugee or asylee status.
• Permanent resident card for victims of human trafficking and crimes.
• Permanent resident card for victims of abuse.
• Permanent resident card through other categories.
• Permanent resident card through the Registry

To consult the complete list with categories and subcategories, click here.

Who can access the Green Card through Work?

Those who qualify to apply for permanent residence through work must be able to fit within one of the employment categories established by USCIS.

Among the main paths are the preference categories, EB-1, EB-2, and EB-3, intended for different workers and professionals, and the EB-5 category, which is aimed at foreign investors.

“Preference” immigrants: the EB-1, EB-2, and EB-3 categories

USCIS divides immigrant workers into different preference categories according to their training, experience, and professional characteristics.

Those who fit into the EB-1 category are considered first-preference immigrant workers and may include:

• People with extraordinary ability in science, arts, education, business, or sports.
• Outstanding professors and researchers.
• Certain managers or executives of multinational companies.

Those who fit into the EB-2 category, considered second-preference workers, are:

• Professionals who have an advanced academic degree or its equivalent.
• People who demonstrate exceptional ability in the sciences, arts, or business.

Within this category, there is also the possibility of applying for a National Interest Waiver (NIW). This removes the usual requirement of having a job offer and labor certification if it is shown that your activity meets the required conditions to benefit the United States.

The EB-3 category, or third preference, includes:

• Skilled workers: whose positions require at least two years of training or experience.
• Professionals: whose jobs require, at minimum, a university degree.
• Other workers: for positions that require less than two years of training or experience.

Foreign investors: everything about the EB-5 category

The EB-5 category is intended for foreign investors who invest capital of legal origin in a new commercial enterprise in the United States.

To qualify, the minimum required investment for the corresponding project must be made, and it must be demonstrated that the company will create or preserve at least 10 permanent full-time jobs for qualified U.S. workers.