Employment-Based (EB) Green Card Overview

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Immigration through Employment 

One of the ways a foreign national (alien) can become a permanent resident is through a permanent employment opportunity in the United States. There are five employment-based preference categories.

  • First preference is for priority workers including persons of extraordinary ability, outstanding professors and researchers, and multinational organization executives and managers.
  • The Second preference is for physicians, members of the professions holding advanced degrees, and persons of exceptional ability.
  • The Third preference is for professionals, skilled and other workers, including nurses and physical therapists.
  • The Fourth preference provides for special immigrants including religious workers.
  • The Fifth preference is an investor-related category, which grants permanent residency to persons who invest significant funds in the US and create 10 jobs for US workers. 

Click on the links to the left to learn more about each preference category.

Comments

I got RFE in my I-485 application regarding the medical exam and Supplement J form.
I have applied my GC in EB2 category in Dec 2009 with Company-A. Company-A had mention SOC Code: 15-1051 which has job title 'Senior programmer analysts' in labor. The SOC 15-1051 is no longer available now as USCIS provide new SOC code 15-1121 which similar consideration with 15-1051. I have worked with Company-A around 9 years and changed the company-B two years ago. Both the company -A and Company-B are desi consulting companies.

I got RFE in my I-485 application now. Company-B's lawyer prepare supplement J form with different SOC code 15-1132 which has the title "Software developer". Company-B’s lawyer mentions my duties similar to my previous employer but he did not ready to filled supplement J form with SOC code 15-1121. Lawyer said my previous employer duties are match with SOC 15-1132 instead of 15-1121 and same code(15-1132) he is used in my H1b petition now.

My previous employer mention my wages $106K/year in labor and my current employer mentions my wages $140k/year.

1. Will it create any issue to get GC if we response RFE with supplement J which has different SOC code but similar duties

2. Will it create any issue to get GC if we mention wages 140K/year which is different than my previous employer wages $105/year

I will be appreciate if you can update me on this

Thanks