US Proposes Major Updates to Employment-Based Green Card Programs
The Department of Homeland Security (DHS) has proposed significant reforms to employment-based immigrant visa programs, which could impact thousands of green card applicants in the EB-1, EB-2, and EB-3 categories.
Key Takeaways
- DHS seeks to modernize rules for EB-1, EB-2, and EB-3 employment visas
- Reforms aim to clarify job offers and strengthen program integrity
- Updates planned for extraordinary ability and national interest waiver criteria
Proposed Regulatory Changes
The Petition for Immigrant Worker Reforms focuses on three main employment-based preference classifications. If finalized, the rule would implement several key changes:
It would define job offer requirements more clearly and establish site visit authority to verify petition information. The proposal also codifies existing policy guidance on successorship-in-interest and ability-to-pay determinations.
Additionally, the reforms seek to modernize outdated provisions governing individuals with extraordinary ability and outstanding professors and researchers. The changes would clarify evidentiary requirements for EB-1 classifications and EB-2 National Interest Waiver (NIW) petitions.
Understanding Employment-Based Green Cards
EB-1 Priority Workers: This category includes foreign nationals with extraordinary ability in sciences, arts, education, business, or athletics. It also covers outstanding professors, researchers, and certain multinational executives.
EB-2 Advanced Degree Professionals: For foreign workers holding advanced degrees or demonstrating exceptional ability, including those eligible for national interest waivers.
EB-3 Skilled Workers: Designed for professionals, skilled workers, and other workers with specific qualifications.
Adjustment of Status Process
Foreign nationals currently in the United States may file Form I-485, Application to Register Permanent Residence or Adjust Status, if an immigrant visa is immediately available. This process, known as “adjustment of status,” allows applicants to obtain green cards without leaving the country.
When visas are available, applicants can file Form I-485 concurrently with Form I-140, Immigrant Petition for Alien Worker.
