The employment based (EB) category into which a green card falls is an area of great concern for many foreign national employees. In fact, the EB category may affect how quickly or slowly a foreign national might receive a green card approval, based on how far the particular EB category is backlogged or in technical terms, retrogressed.
Many different factors come into play in reaching a particular EB category. The intent of this informational piece is to provide some basic guidance on the issues to consider.
A summary of the problem
Green Cards are allocated based upon a five-tiered system of preference categories (e.g. EB-1 through EB-5). The higher categories typically receive Green Cards first and the lower categories only after higher categories have been satisfied.
Thus foreign-born employees desire to be placed in the highest possible preference category. However, the higher categories require higher professional attainment, education, experience, and accomplishment.
Since those with higher qualifications usually receive higher salaries, the Prevailing Wage requirements are greater the higher the preference category.
Thus the potential conflict: employees strive for the highest possible category even if they are only marginally qualified while employers seek the security of obtaining the Green Card in a category for which the employee is clearly qualified and has a prevailing wage consistent with the company’s salary structure.
What is the EB category?
The employment based preference category system is a five tiered system (EB-1 – EB-5) into which all employment based green cards must be classified. Generally, the higher the academic credentials required for the position involved in the green card case, the higher the EB preference category into which that case might fall. The EB system is divided as follows:
EB-1 – priority workers including: those of extraordinary ability, outstanding researchers and professors, and multinational executives and managers.
EB-2 – members of the professions holding advanced degrees or significant work experience, individuals of exceptional ability, and workers whose occupation is in the national interest.
EB-3 – professionals, skilled workers, and other workers.
EB-4 – certain special immigrants including: religious workers, returning residents, and court dependents.
EB-5 – employment creation (investors).
The majority of green card cases for foreign national employees will fall into either the EB-2 or EB-3 category. If you have further questions please contact us
