Best Types of Jobs to Get an Employment-Based Green Card

Not only can the employment-based process take significantly less time than family-based immigration, but employers willing to sponsor foreign nationals often have access to financial, legal, and other resources that can smooth the way toward a successful immigration application.

By , Attorney · University of San Diego School of Law

For many people born outside the U.S., the employment-based immigration process is an ideal route to obtaining a green card (lawful permanent residence). Not only can it take significantly less time than family-based immigration, but employers willing to sponsor foreign nationals often have access to financial, legal, and other resources that can smooth the way toward a successful immigration application.

That said, the U.S. government is fully aware of the high demand for permanent resident status, and doesn't make it easy. With the U.S. job market and the country's needs in mind, Congress created various visa "preference categories," which prioritize certain jobs and careers over others in deciding who will be allowed to apply for permanent residence. In short, simply receiving a job offer will not necessarily be enough.

Only certain types of jobs and careers have a better, and sometimes faster chance at creating a basis for a green card application. Let's look at how the preference categories work and see what jobs might be better for earning you a green card.

Employment-Based Preference Immigration Categories

There are five different employment-based categories, and some subcategories within those. Within each category, the eligibility criteria mostly classify jobs in terms of the level of education needed to fulfill the work duties. For example, an entry level Computer Programmer position would likely need, at minimum, a bachelor's degree in Computer Science, while a Nuclear Physicist position would likely need at least a master's degree in Physics.

Take a look at the U.S. Department of State's Visa Bulletin, which is published monthly. The Visa Bulletin breaks down the employment-based visa categories and explains the general education requirements for each.

Who Qualifies Under the EB-1 First Preference Immigration Category

The employment-based First Preference category (EB-1) is reserved for persons with "extraordinary ability," outstanding professors or researchers, or multinational executives or managers. As you might guess, this category is for the "cream of the crop."

Typically, this preference category includes Nobel Prize winners, famous international scientists with the renown of Albert Einstein or Stephen Hawking, and global artists like Yo-Yo Ma or Vicente Fernández.

First Preference also includes "multinational executives or managers." These are not line managers or ground-level supervisors, but top level corporate officers and company leaders who have wide latitude to make decisions that affect entire organizations. People like Mark Zuckerberg, Meg Whitman, and Jeffrey Bezos are good examples of the type of person described by this category.

If your career and work falls into this highly exceptional class, congratulations: You can qualify for First Preference and will likely have an immediately available immigrant visa number and an easy route to a green card. (You also likely have an attorney who can readily explain what you'll need to know and do!)

Who Qualifies Under the EB-2 Second Preference Immigration Category

Not everyone is lucky enough to be a person of "extraordinary ability" or a high-powered multinational CEO. However, if your career path requires an advanced degree, such as a master's degree or higher, or you are a person of exceptional ability in the sciences, arts, or business, you might qualify for the Second Preference category (EB-2).

While not as advantageous as the First Preference category, Second Preference visa numbers tend to be quickly available, with short or no wait times. Even better, there is a wider variety of careers that meet the Second Preference requirements.

If an employer is willing to sponsor you for a green card, and your proposed position normally requires at least a Master's degree-level education or the equivalent, you can likely qualify for Second Preference. Careers in this level typically include Accountants, Civil Engineers, Computer Engineers, Financial or Investment Managers, Business or Management Analysts, and Chemists or Chemical Engineers.

A good place to check out up and coming career fields that likely satisfy the Second Preference requirements is the U.S. Department of Labor's O*NET Online website. This site compiles statistical data about job markets and career fields in the United States, including typical education and experience requirements, popularity and demand, and potential earnings. Importantly, this site can help you identify what careers and fields are in high demand in the United States. Immigration officials are always keenly aware of the U.S. labor market's needs.

Alternatively, if you are a person of exceptional ability in a particular scientific, artistic, or business field, you might also qualify for Second Preference. However, like the First Preference "extraordinary ability" standard, this can be somewhat difficult to meet. You must be able to demonstrate significant achievements and contributions to your particular industry or field, with forms of proof including industry, government, or peer recognition, awards and salaries recognizing exceptional ability, publications and peer-reviewed papers you have authored, and letters from your prior employers showing you have ten or more years' experience in your field.

Contact an immigration attorney if you need detailed assistance on your Second Preference case.

Who Qualifies Under the EB-3 Third Preference Immigration Category

The Third Preference category (EB-3) is for positions requiring at least a Bachelor's degree or the equivalent to perform the duties of the job. Third Preference is a much more accessible means of gaining permanent residence through employment in terms of legal requirements. However, this also means that many people seek permanent residence through the EB-3 category, significantly increasing wait times for available visa numbers.

You might have to wait for four years or longer after an employer files a Third Preference petition to start your part of the the process of getting a green card.

The longer wait times under the Third Preference are not an insurmountable problem. If you can find an employer willing to sponsor you as a Third Preference worker and in the meantime, also sponsor you for a nonimmigrant work-authorized visa, such as the H-1B or L-1, you might be able to work in the U.S. as a nonimmigrant up until the time a visa number becomes available for you.

Be aware that this arrangement requires quite a bit of planning, as well as a good working relationship between you and your employer. Consult an immigration attorney if you believe you will be following this route.

What About the EB-4 and EB-5 Immigration Categories?

The remaining two employment preference categories are less relevant to this discussion of the "best types of jobs" to get a green card. EB-4 is for "special immigrants," such as religious workers. And EB-5 is for investors who can pump large amounts of money into the U.S. economy.

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