Here’s how to get a green card for the US as an ‘above average’ professional

The United States starts 2022 with a glut of visas available for above-average workers. These authorizations, from the EB 1 and EB 2 categories, entitle the holder to a green card, the residence permit, which allows him to work, live and be served by public services in the country.

Below, we explain the rules on how to obtain such a visa, who is eligible and how much it costs, on average, to file this type of application.

What does it take to work in the USA?

Foreign citizens must have a visa that authorizes them to work. There are two categories: non-immigrant (temporary, usually with restrictions) and immigrant (residence permit, with access to more rights). The two types fall into several categories.

What is the green card?

It is the nickname of the immigrant visa, which allows you to live, work and be served by public and financial services in the USA. It lasts for ten years, which can be extended. The document paves the way for applying for US citizenship in the future.

How to get a green card?

The most common paths are through family ties with a US citizen or through work. Direct relatives, such as a spouse or children of Americans, are entitled to the document. In the case of work, there are five main categories:

• EB 1: professionals of extraordinary ability in their areas of expertise.
• EB 2: above-average professionals who stand out in their areas of expertise.
• EB 3: for foreigners who received a job offer from a US company
• EB 4: includes religious leaders and U.S. Armed Forces collaborators
• EB 5: for investors planning to create companies in the US

What are the criteria for “extraordinary ability” and “above average”?

EB 1: (extraordinary ability)

Meet at least 3 of the 10 items below:

1. National or international awards for excellence
2. Participate in entities that bring together members who have accomplished great things
3. Having been featured in reports in renowned publications
4. Have been invited to evaluate works in your area
5. Have made significant contributions to your area of ​​expertise, whether scientific, academic, artistic, sports or business
6. Have published articles in your area of ​​expertise
7. Having had their work displayed at exhibitions or events
8. Have served as a leader or other important role in important organizations
9. Have an above-average salary in your field
10. Having had commercial success as an artist

EB 2: (above average)

Meet at least 3 of 6 requirements:

1. Academic degree in the field
2. At least ten years of experience in the area
3. Have a license to work in your area
4. Have received salaries above the average for your profession
5. Be a member of a professional association
6. Have received recognition, such as awards and honors for having contributed to the advancement of the area or for exceptional results​

I need to have one US job offer to apply?

In the case of EB 1 and 2, no.

Can I get a visa for being a reference in an area and, when I get there, work in something else?

In practice, yes. But experts point out that doing so can make it difficult to renew documents in the future, as the US government’s interest is that people come to the US to work in areas in which they excel.

How to order?

It is necessary to attach documents that prove that the interested party is entitled to the document. The request can be made by those who are inside or outside the US, on their own or with the help of an immigration advisor.

How long it takes?

The process can take a few months or a few years, depending on the category. The EB 2 visa has taken around 8 to 14 months, according to immigration offices heard by the report.

How much does it cost?

Fees for the US government are around $3,000. You may also need to pay for official translations of documents. If you choose the help of immigration advisors, the total expense can be around US$ 20,000.

Can I order without leaving Brazil?

Yes. The procedures can be done online and at US consulates.

Do Brazilians find it easier or more difficult to obtain the document?

Depends on the viewpoint. By law, each country can only obtain 7% of available visas per year. Thus, as there are many more Mexicans, Indians and Chinese interested, for example, the tendency is for people from these countries to spend more time in line than Brazilians.

Can I work in the US while waiting for a green card?

It is possible to apply for a work permit while waiting for the analysis. However, the endorsement can take months to come out.

How many of these visas have you been granted recently?

In fiscal 2021, 738,000 green cards were issued, more than half (449,425) based on family ties. There were 178,498 EB visa petitions, of which 105,565 were approved. Brazil was the 5th country with the most approvals, totaling 1,650. In the period, there were 5,416 requests from Brazilians in this category, and many are still pending analysis.

Where do I get more information?

At https://www.uscis.gov (there are contents in several languages).