Employment Based Green Cards

A Guide To Employment-Based Green Cards: FAQ's

The United States attracts more immigrants than any other country, with about 17% of the American workforce being foreign-born. Many foreign nationals qualify for permanent residency through employment-based green cards. Here's how the process works.

What Is An Employment-Based Green Card?

An employer-sponsored Green Card is one of the avenues available for foreign nationals to become permanent residents of the United States. Unlike other pathways, such as family sponsorship or investment, this option is specifically for individuals who have a U.S.-based company willing to sponsor their Green Card through a job offer.

In this process, your U.S. employer will file various immigration forms with the United States Citizenship and Immigration Services (USCIS) on your behalf. In this scenario, your employer is considered the petitioner, and you are the beneficiary. Essentially, your employer acts as your sponsor throughout the Green Card application process.

What Are The Categories?

U.S. immigration law provides various employment-based (EB) “preference immigrant” categories, each designed for different types of workers. These categories include:

• First Preference (EB-1): This category is for priority workers, which includes:

  • Individuals with extraordinary ability in the sciences, arts, education, business, or athletics.
  • Outstanding professors and researchers.
  • Certain multinational managers and executives.

• Second Preference (EB-2): This category is for professionals holding advanced degrees or individuals with exceptional ability. It also includes those who qualify for a national interest waiver.

• Third Preference (EB-3): This category covers skilled workers, professionals, and other workers. It includes positions that require at least two years of experience or training, as well as jobs that can be filled by unskilled workers.

In Which Can I Apply For?

• Once the labor certification is approved, your employer will file an immigrant petition on your behalf (Form I-140) with USCIS. The petition falls under one of two visa categories, depending on the job requirements and your qualifications:

  • EB-2: For positions requiring an advanced degree or individuals with exceptional ability.
  • EB-3: For skilled workers, professionals, and unskilled workers.

         The appropriate category is determined by the job's requirements and your individual credentials.

What Are The Benefits?

There are several significant benefits to obtaining a Green Card through employer sponsorship:

• You gain the ability to live and work anywhere in the United States.
• Your spouse and unmarried children under 21 years old also qualify for Green Cards as your dependents.
• This pathway leads directly to a 10-year Green Card, without the need for a conditional 2-year period.
• Compared to other categories like the EB-1A for extraordinary ability or National Interest Waiver, the standards for approval are generally more attainable for EB-2 and EB-3.
• No Investment Required: Unlike other visa options, you don't need to make any financial investments in the U.S.
• Pathway to Citizenship: After five years as a Green Card holder, you become eligible to apply for U.S. citizenship.

What Should I Do To Apply?

After the immigrant petition is approved (Form I-140 on EB-2/EB-3) , you'll either adjust your status (if you're already in the U.S.) or apply for an immigrant visa (if you're outside the U.S.).

• Adjustment of Status: If you're in the U.S., you can file Form I-485 to adjust your current status to permanent resident status. This process is handled entirely within the U.S.
• Immigrant Visa Processing: If you're outside the U.S., you'll apply for an immigrant visa by filing Form DS-260 and attending an interview at a U.S. consulate in your home country.

What Are The Requierements?

After the USCIS approves the I-140 petition and the priority date is current, the application process depends on the applicant's location.

Both employers and employees must meet specific requirements:

Employer Requirements

• The sponsoring employer must be based in the U.S. and offer a permanent, full-time position.
• The job must be a genuine opportunity, not tailored specifically to the foreign national.
• The employer must make a sincere effort to recruit U.S. workers before offering the position to a foreign national.
•  The employer must offer a wage equal to or higher than the prevailing wage for the position and demonstrate the financial ability to pay this wage.

Employee Requirements

• The foreign national must meet the educational and experience requirements of either the EB-2 or EB-3 visa categories.
• The applicant must not be inadmissible to the U.S. based on health, criminal, or other grounds.
• The applicant must genuinely intend to work for the employer upon receiving the Green Card.

When Can It Be Processed?

The timeline for processing an employer-sponsored Green Card can vary:

• Labor Certification: Takes about 2-3 months; could extend to 7 months if audited by the DOL.
• Immigrant Petition: Processing time ranges from 5-8 months. Premium processing is available for an additional fee.
• Adjustment of Status or Immigrant Visa: Typically takes 6-8 months for adjustment of status and 5-7 months for immigrant visa processing.

What Should I Bring?

Throughout the process, you'll need to provide various documents, including:

• Your resume, diplomas, and work experience letters
• Birth and marriage certificates
• Passport biographic page
• Employer's tax returns and job advertisements

Contact Yellow Law Group

Securing a Green Card through employment is a multi-step process that involves collaboration between you and your employer. Understanding the requirements and steps involved is crucial for a successful application. Working with an experienced immigration attorney can help navigate the complexities of the process and increase your chances of obtaining permanent residency.For expert guidance on obtaining an employment-based green card, contact Sari Law Firm. Our experienced attorneys will assist you through every step of the process to ensure a smooth application.