US is preparing to modify the employment-based immigrant programs in the country, which will ultimately impact the green card seekers. Department of Homeland Security(DHS) has filed a Petition for Immigrant Worker Reforms proposing to amend its regulations governing employment-based immigrant petitions in the first, second, and third preference classifications.
Petitions for First preference (EB-1), Second preference (EB-2) and Third preference (EB-3) classifications are filed by employers, or in certain cases by foreign workers on their own behalf, to bring talent and skills to the United States.
EB-1, EB-2, and EB-3 are employment-based green cards, allowing qualified foreign nationals to permanently live and work in the United States.
Foreigners who want to apply for Green Card or lawful permanent resident status in the EB-1, EB-2, and EB-3 categories while in the United States can do so through ‘adjustment of status’.
The proposed rule would, if finalized, implement reforms to ensure the integrity of the program, such as defining the job offer and clarifying site visit authority.
It would also codify current policy guidance and implement administrative decisions regarding successorship-in-interest and ability to pay and update provisions governing extraordinary ability and outstanding professors and researchers.
The proposal is also to modernize outdated provisions for individuals of extraordinary ability and outstanding professors and researchers, clarify evidentiary requirements for first preference classifications, second preference national interest waiver (NIW) classifications, and physicians of national and international renown.
U.S. immigration law provides foreigners with a variety of ways to become lawful permanent residents or Green Card holders, through employment in the United States.
First preference (EB-1) is classified as priority workers and includes foreign workers with extraordinary ability in the sciences, arts, education, business, or athletics. Also, outstanding professors and researchers, and certain multinational managers and executives can apply under this category.
Second preference (EB-2) is for foreign workers who are members of the professions holding advanced degrees or who have exceptional ability, including requests for national interest waivers.
Third preference (EB-3) is for skilled workers, professionals, or other workers.
Adjustment of Status
If you are currently in the United States, an immigrant visa is immediately available to you as an EB-1, EB-2, or EB-3 immigrant, and you meet certain other requirements, you may file Form I-485, Application to Register Permanent Residence or Adjust Status, to apply for a Green Card without leaving the country. This is called “adjustment of status.”
If a visa is immediately available, you may file your Form I-485 concurrently with Form I-140, Immigrant Petition for Alien Worker filed on your behalf.