Best Suited For

  • Employee with bachelor’s degree or higher
  • NIW – high level of verifiable accomplishment in field of endeavor

Background

The EB-2 / EB-3 is an employer-sponsored green card program.  A U.S. employer may sponsor a foreign worker to obtain a green card and be employed full time permanently.  The education required by the position will influence the wage that the Department of Labor sets for the position, as well as the potential wait time.  The employer must go through an open recruitment process to demonstrate that no other suitable worker was available at the time of recruitment, thereby creating the need to hire a foreigner.

If a foreigner can demonstrate that his or her high-level abilities would serve the national interest of the U.S., then it is possible for the foreigner to seek the National Interest Waiver (NIW), not require an employer to sponsor, and not require the testing of the U.S. job market. The threshold for successful NIW is relatively high, and successful candidates are usually very accomplished in their respective fields.

The EB-2 / EB-3 green card program may begin when the Employer is prepared to move forward.  It does not require the Employee to already be employed by the Employer, nor does it require the Employee to already have a work visa in the U.S.

Basic Requirements and Suggestions

  • The position and its requirements should be broad and minimal, and should not be tailored for the intending foreigner
  • Wage is determined by the Department of Labor
  • This is for a position in the future when the green card is approved… it is not for a present position that begins as soon as the process begins
  • If the employer wants to sponsor an existing foreign employee, the sponsored position should be at least 50% different from the present position

Pointers to Success

  • Start the conversation with the prospective employer early on about EB-2 / EB-3 sponsorship, because the process could possibly take years
  • You may seek out an EB-2 / EB-3 employer while still in school on F-1 for a future employment opportunity
  • You do not need to be presently working with the EB-2 / EB-3 employer to be sponsored … you also do not need to be on an H-1B with the employer to be sponsored for the EB-2 / EB-3

Benefits

  • Relatively fast and affordable process
  • Immediate family members may join in as dependents

Considerations

  • No status to live in the U.S. while waiting for the application, must have another legal status to remain in the U.S.
  • Finding a willing employer to sponsor may be difficult
  • Open recruitment may produce capable U.S. candidates, in which case the process must re-start
  • NIW – level of accomplishment must be verifiable and high
  • Subject to IRS FATCA… contact us to consult with one of our FATCA & CRS experts

Application Process

  • Employer may petition for Employee at any time
    • NIW candidate may file at any time as well
  • Green Maple helps Employer and Employee go through initial vetting process (job title; job description; job requirements; prior experience requirements)
  • Department of Labor determines prevailing wage
    • NIW may skip this process
  • Open recruitment where Employer places ads and determines whether a U.S. based candidate may fulfill the position
    • NIW may skip this process
  • Employer and Employee file the subsequent immigration petition
  • Total process about 24 months (some countries of birth may have longer wait time, such as China and India)
    • NIW may save about 12 months from normal EB-2 / EB-3 process

Success Cases

We recommend Employers and Employees to begin the EB-2 / EB-3 dialog early on.  This process will require strategic planning to be as successful as possible.  The petition is Employer-driven, but the employment relationship does not need to already exist for the filing to begin.

We advocate for willing employers and proactive employees who seek the EB-2 / EB-3 green card.  In this complicated process of many steps, each step should be well thought out.  This is because good strategic planning at the beginning could save the case from increased risk of lengthy audit and higher chance of denial.  We spend the time to carefully examine the employer’s human resource structure, the offered position and the requirements.  We study the foreigner’s education background and work history in detail.  By doing so, we help the employer come up with the necessary job requirements that are fair and competitive for open recruitment.  Our clients benefit from this in-depth planning from the beginning, because we can help make this complicated process smoother and easier.

We have helped families, entrepreneurs, start-up operations, multi-national companies, and Fortune 500s with a variety of different types of visas and green card options.  Using our experience, we can competently advise clients on the best paths and the strategies with highest chances to succeed.

  • Families with U.S. born children seeking U.S. education while parents legally remain in America
  • Hollywood entertainment and production companies
  • Global franchises and restaurant chains
  • High tech companies
  • Professional services in law, accounting, medical industries
  • Multiple publicly traded companies and Fortune 500s
  • Individuals with extraordinary abilities in sports, entertainment, business and others
  • Careful and strategic planning for visas and green cards

Contact Green Maple today to schedule a consultation.

See what our clients say about working with us!