Obtaining an employment-based green card is an important and often complex process that allows individuals to live and work permanently in the United States. This type of green card is specifically designed for individuals who have been offered a job by a U.S. employer, and it is intended to fill certain positions that cannot be adequately filled by the American workforce.
The process of obtaining an employment-based green card involves several steps, including labor certification, immigrant visa petition, and adjustment of status. The first step is labor certification, where the employer must prove to the Department of Labor that there are no qualified U.S. workers available for the position. This involves a thorough recruitment process and a demonstration of the employer’s efforts to recruit American workers.
Once the labor certification is approved, the employer can file an immigrant visa petition on behalf of the foreign worker. This petition is submitted to the United States Citizenship and Immigration Services (USCIS), and it requires evidence that the employer has the ability to pay the offered wage and that the foreign worker meets the qualifications for the job. The USCIS will review the petition and make a determination on whether to approve or deny it.
If the visa petition is approved, the foreign worker can then apply for adjustment of status, which is the final step in the process. This involves submitting an application to the USCIS to adjust their status from a nonimmigrant to an immigrant. The applicant must undergo a medical examination, biometrics collection, and an interview with an immigration officer. If approved, the applicant will be granted an employment-based green card.
Overview of the Green Card Application Process
The process of obtaining an employment-based green card is complex and involves several steps. It begins with an employer sponsoring a foreign worker for a specific job position in the United States. This is known as a labor certification process, where the employer must show that there are no qualified American workers available for the job.
Once the labor certification is approved, the employer can then submit an immigrant visa petition on behalf of the foreign worker. This petition establishes the worker’s eligibility for an employment-based green card.
After the petition is approved, the foreign worker must wait for a visa number to become available. The availability of visa numbers is determined by the priority date, which is based on the date the petition was filed. Once a visa number becomes available, the foreign worker can apply for adjustment of status or apply for an immigrant visa at a U.S. embassy or consulate abroad.
During the final stage of the process, the foreign worker will undergo a thorough background check and an interview with an immigration officer. The officer will determine whether the worker is admissible to the United States and meets all the requirements for a green card.
It is important to note that the green card application process can take several years due to visa number limitations and backlogs. It is crucial for foreign workers and their employers to stay informed about changes in immigration law and policy that may impact the process.
Overall, the process of obtaining an employment-based green card requires careful planning, documentation, and patience. It is recommended to seek the assistance of an experienced immigration attorney to navigate through the complex process and increase the chances of a successful application.
Eligibility Requirements for an Employment Based Green Card
Obtaining an employment based green card is a multi-step process that requires meeting certain eligibility requirements. These requirements are designed to ensure that the individual seeking the green card is qualified for employment in the United States and will contribute to the country’s economy.
Labor Certification
The first step in the process is obtaining a labor certification from the Department of Labor. This certification requires the employer to demonstrate that there is a shortage of qualified U.S. workers for the position and that hiring a foreign worker will not negatively impact the wages and working conditions of U.S. workers.
Job Offer
Once the labor certification is approved, the employer must offer the foreign worker a job in the United States. The job must be a full-time, permanent position that requires the skills and qualifications possessed by the foreign worker. The job offer must also include a salary that is at least the prevailing wage for similar positions in the same geographic area.
Additionally, the employer must demonstrate that they have the financial ability to pay the offered wage to the foreign worker. This can be done by providing financial statements and other supporting documentation.
Qualifications
The foreign worker must possess the necessary skills and qualifications for the job. This can be demonstrated through education, work experience, or other relevant credentials. The employer may also need to provide evidence that they have recruited U.S. workers for the position but were unable to find qualified candidates.
Immigrant Visa Petition
Once the above requirements are met, the employer must file an immigrant visa petition on behalf of the foreign worker with U.S. Citizenship and Immigration Services. This petition is used to establish the foreign worker’s eligibility for an employment based green card.
| Eligibility Requirements | |
|---|---|
| Labor Certification | Approved by the Department of Labor |
| Job Offer | Full-time, permanent position |
| Qualifications | Demonstrated through education, work experience, or credentials |
| Immigrant Visa Petition | Filed by employer with USCIS |
Once the immigrant visa petition is approved, the foreign worker can apply for an employment based green card through the Department of State. This involves additional paperwork, fees, and a background check. It is important to note that there are numerical limitations on the number of employment based green cards issued each year, so there may be a wait time involved before the green card is granted.
Overall, the eligibility requirements for an employment based green card are designed to ensure that the individuals who obtain them are qualified for the positions they are offered and will contribute to the U.S. economy. This process helps to protect the interests of U.S. workers and maintain the integrity of the immigration system.
Step 1: Labor Certification Process
The first step in obtaining an employment-based green card is the labor certification process. This process is designed to ensure that hiring a foreign worker will not adversely affect the job opportunities, wages, and working conditions of U.S. workers. The labor certification process is overseen by the U.S. Department of Labor (DOL) and involves several key steps:
- Job Advertisement: The employer must first conduct a recruitment process to demonstrate that there are no qualified U.S. workers available for the position. This typically involves placing job advertisements and documenting the results of the recruitment effort.
- Prevailing Wage Determination: The employer must obtain a prevailing wage determination from the DOL for the position being offered. This wage must meet or exceed the prevailing wage for similar jobs in the geographic area where the position is located.
- Application Submission: Once the recruitment process is complete and the prevailing wage determination has been obtained, the employer can submit an application for a labor certification to the DOL. The application includes information about the job requirements, recruitment efforts, and prevailing wage.
- DOL Review: The DOL will review the application and supporting documentation to ensure that all requirements have been met. They may also request additional information or documentation during the review process.
- Determination: After reviewing the application, the DOL will determine whether to certify the labor certification. If approved, the DOL will issue a certified labor certification to the employer.
Once the labor certification is approved, the employer can proceed to the next step in the green card process. It’s important to note that the labor certification process can be complex and time-consuming, requiring careful attention to detail and compliance with all relevant regulations and requirements.
Step 2: Filing the Immigrant Petition
Once you have secured a job offer from a U.S. employer and have determined that you are eligible for an employment-based green card, the next step in the process is to file an immigrant petition.
What is an Immigrant Petition?
An immigrant petition, also known as Form I-140, is a document that is submitted to U.S. Citizenship and Immigration Services (USCIS) to request permission for an individual to immigrate to the United States based on employment.
Filing Process
To file the immigrant petition, the U.S. employer sponsoring the applicant must complete and submit Form I-140 to USCIS. The form requires information about the employer, the employee, and the job position being offered.
Along with the completed form, the employer must also provide supporting documentation to prove that the job position meets the requirements for the specific employment-based green card category.
Once the petition is filed, USCIS will review the application and supporting documents to determine if the applicant meets the eligibility requirements. This may include verifying the employer’s ability to provide the offered employment and evaluating the applicant’s qualifications and credentials.
It is important to ensure that all information provided is accurate and truthful, as any inconsistencies or discrepancies can result in delays or denials of the immigrant petition.
After reviewing the petition, USCIS will issue a decision, either approving or denying the petition. If approved, the petition will then proceed to the next step in the employment-based green card process.
Note that the process and requirements for filing the immigrant petition may vary depending on the specific employment-based green card category and the individual’s circumstances. It is advisable to consult with an experienced immigration attorney to navigate through the filing process and ensure a smooth application.
Step 3: Visa Number Availability
Once the employer submits the Labor Certification Application (LCA) and the visa petition to USCIS (United States Citizenship and Immigration Services), the next step is to wait for a visa number to become available. Visa numbers are based on the employment category and country of chargeability.
The employment based green card process operates on a per-country and per-category basis due to annual numerical limits. Depending on the demand for green cards in a particular employment category and country of chargeability, there may be a waiting period for a visa number to become available.
Categories and Priorities
There are multiple employment categories, each with its own set of priorities. The main categories are:
- EB-1: Priority workers, including persons of extraordinary ability, outstanding professors and researchers, and multinational executives and managers.
- EB-2: Professionals holding advanced degrees and individuals with exceptional ability in the sciences, arts, or business.
- EB-3: Skilled workers, professionals, and other workers.
Within each employment category, visas are further distributed by country of chargeability. Each country has its own annual numerical limits. This means that some countries may have a higher demand for green cards compared to others, leading to longer waiting times for visa numbers.
Visa Bulletin
The Department of State publishes a Visa Bulletin every month, which indicates the availability of visa numbers for each employment category and country of chargeability. This bulletin will show whether a visa number is currently available or if there is a backlog.
Applicants can track the Visa Bulletin to stay updated on the availability of visa numbers. Once a visa number becomes available, the employer can proceed with the next steps of the employment based green card process.
Step 4: Filing Form I-485
Once your PERM application has been certified by the Department of Labor and you have an approved I-140 petition, you can proceed to file Form I-485, also known as the Application to Register Permanent Residence or Adjust Status.
This step in the employment-based green card process is crucial as it allows you to formally request adjustment of your status to that of a lawful permanent resident. Form I-485 is used to demonstrate your eligibility for a green card and to provide detailed information about your personal and immigration history.
When filing Form I-485, you will need to include supporting documents such as:
- Copy of your birth certificate
- Copy of your passport
- Copy of your I-94 Arrival/Departure Record
- Copy of your job offer letter
- Proof of your financial support
Mailing Address
Form I-485 and the supporting documents should be mailed to the appropriate U.S. Citizenship and Immigration Services (USCIS) Lockbox facility. The specific address will depend on your location and the eligibility category of your green card application. It is important to double-check the USCIS website for the most up-to-date mailing address.
Filing Fee
Along with Form I-485, you will need to submit the required filing fee. The current fee for filing Form I-485 is $1,140, which includes the biometric services fee. However, certain categories of applicants may be eligible for a reduced fee or a fee waiver. It is important to carefully review the USCIS website or consult with an immigration attorney to determine the correct fee for your application.
Once you have gathered all the required documents and completed Form I-485, you can mail the application to the designated USCIS Lockbox facility. It is important to keep copies of all the documents for your own records and to track the delivery of your application.
| Documents Required | Mailing Address | Filing Fee |
|---|---|---|
| Copy of birth certificate, passport, job offer letter, I-94 record, proof of financial support | Depends on location and eligibility category | $1,140 (may vary depending on eligibility category) |
Step 5: Biometrics Appointment
Once your Employment Based Green Card application is accepted and processed, you will be required to attend a biometrics appointment as part of the process.
A biometrics appointment is when you provide your fingerprints, photograph, and signature for the purpose of identity verification. This information will be used by the United States Citizenship and Immigration Services (USCIS) to conduct background checks and confirm your eligibility for a green card.
The biometrics appointment is typically scheduled at a USCIS Application Support Center (ASC) that is closest to your location. You will receive a notice in the mail with the date, time, and location of your appointment. It is important to attend the appointment as scheduled, as failure to do so may result in a delay or denial of your green card application.
What to Expect at the Biometrics Appointment
At the biometrics appointment, you will be required to provide your fingerprints, which will be digitally scanned using a fingerprint scanner. You may also be asked to pose for a photograph and provide your signature electronically.
The process is usually quick and straightforward, with the entire appointment lasting around 15-30 minutes. There may be other applicants present at the ASC, so it is advisable to arrive early to avoid any potential delays.
Documentation to Bring
When attending the biometrics appointment, it is important to bring the following documents:
- Your appointment notice, which includes your Alien Number and appointment details
- Valid government-issued identification, such as a passport or driver’s license
Make sure to read the appointment notice carefully, as it may contain additional instructions or requirements specific to your case.
Once the biometrics appointment is complete, the USCIS will continue processing your green card application. You will be notified of any updates or further steps in the process.
Remember to keep copies of all documents and correspondence related to your green card application for your records.
Step 6: Employment Authorization Document
Once your employment-based green card application is in process, you may apply for an Employment Authorization Document (EAD). This document, also known as a work permit, allows you to legally work in the United States while your green card application is still pending.
The process for obtaining an EAD is relatively straightforward. Here is an overview of the steps involved:
1. Determine your eligibility
Before applying for an EAD, make sure you are eligible. Generally, individuals who have filed Form I-485, Application to Register Permanent Residence or Adjust Status, are eligible to apply for an EAD. However, there may be other factors that determine your eligibility, so it is recommended to review the USCIS guidelines or consult with an immigration attorney.
2. Complete the application
Fill out Form I-765, Application for Employment Authorization, accurately and completely. Be sure to provide all required supporting documents and fee payment, if applicable. You can download the form from the USCIS website or request a copy by mail.
3. Submit the application
Submit your completed application along with the required supporting documents and fee payment, if applicable. USCIS provides specific instructions on where to submit your application, so make sure to follow them carefully. It is recommended to make a copy of your application for your records.
4. Wait for processing
After submitting your application, USCIS will review it and process your request. It may take several weeks or months for your EAD to be issued. You can check the current processing times on the USCIS website to get an estimate of how long it might take.
5. Receive your EAD
Once your application is approved, you will receive your EAD in the mail. The EAD will have your photo, name, and other identifying information. Read the instructions on the EAD to understand any restrictions or limitations on your employment eligibility.
It is important to note that the EAD is only valid for a certain period of time, typically one year. You will need to renew your EAD if your green card application is still pending and you wish to continue working legally in the United States.
Obtaining an EAD is an essential step in the employment-based green card process. It allows you to continue working while your green card application is being processed, providing you with valuable employment authorization.
Step 7: Adjustment of Status Interview
Once the employment-based green card application is approved, the next step in the process is the adjustment of status interview. During this interview, the applicant will have the opportunity to demonstrate that they meet all the requirements for obtaining a green card on the basis of employment.
Preparing for the Interview
Prior to the adjustment of status interview, it is important for the applicant to gather all relevant documentation and prepare thoroughly. This includes bringing all necessary forms, supporting documents, and identification, as well as being prepared to answer questions about their employment history and qualifications.
It may also be useful to review the job offer letter and any other employment-related documents in order to be able to explain the details of the position and how it meets the criteria for an employment-based green card.
The Interview Process
During the adjustment of status interview, the immigration officer will ask the applicant a series of questions to assess their eligibility for a green card. These questions may include inquiries about the applicant’s job duties, the employer’s business, and their qualifications for the position.
The officer may also ask about any previous immigration or criminal history, so it is important for the applicant to be honest and forthcoming during the interview.
If the officer is satisfied with the answers and all the necessary documentation, they may approve the green card application on the spot. However, if the officer requires further information or clarification, they may request additional documentation or schedule a follow-up interview.
Conclusion
The adjustment of status interview is a crucial step in the process of obtaining an employment-based green card. By adequately preparing for the interview and providing all necessary documentation, the applicant can increase their chances of a successful outcome. It is important to carefully follow all instructions provided by the immigration officer and to be honest and forthcoming throughout the interview process.
| Previous Step | Next Step |
|---|---|
| Step 6: Application Approval | Step 8: Receive the Green Card |
Step 8: Post-Decision Activity
Once your application for an employment-based green card has been approved, there are a few important steps you need to take.
1. Receive your green card:
After your application has been approved, you will receive your employment-based green card by mail. This card serves as proof of your permanent resident status in the United States.
Note: The processing time for receiving your green card may vary, so make sure to check with the U.S. Citizenship and Immigration Services (USCIS) for updates.
2. Update your employer:
Once you have received your green card, it is important to inform your employer about your new immigration status. Provide them with a copy of your green card, as they may need to verify your eligibility to work in the United States.
3. Understand your rights and responsibilities:
As a green card holder, you have certain rights and responsibilities. Familiarize yourself with these rights, such as the ability to live and work permanently in the United States, as well as your responsibilities, such as maintaining your lawful permanent resident status.
4. Consider applying for citizenship:
While not required, you may also choose to pursue U.S. citizenship after obtaining your green card. Owning a green card for a certain period of time is typically a requirement for naturalization.
Note: Consult with an immigration attorney for guidance on the naturalization process if you are interested in becoming a U.S. citizen.
Completing the process of obtaining an employment-based green card can be a long and complex journey, but once you receive your green card, you can enjoy the benefits of permanent residency in the United States.
Provisional Immigrant Visa
The Provisional Immigrant Visa is a type of visa based on employment that allows individuals to work in the United States while their Green Card application is being processed. This visa is specifically designed for those who have been offered a job in the United States and need to start working before their permanent residency is approved.
The process of obtaining a Provisional Immigrant Visa involves several steps. First, the employer must submit a petition to the United States Citizenship and Immigration Services (USCIS) on behalf of the employee. This petition should include evidence of the job offer and the employer’s willingness to sponsor the employee for permanent residency.
If the petition is approved, the employee can then apply for the Provisional Immigrant Visa at a US embassy or consulate in their home country. They will need to provide documentation such as a valid passport, proof of the job offer, and any other supporting documents requested by the embassy or consulate.
Once the Provisional Immigrant Visa is granted, the employee can travel to the United States and begin working for their employer. It is important to note that this visa is temporary and requires the individual to maintain their employment with the sponsoring employer. If the employment is terminated, the employee may lose their visa status and their Green Card application may be jeopardized.
While working on a Provisional Immigrant Visa, individuals can also apply for a Social Security Number (SSN) and other necessary documentation in order to legally work in the United States. They are also eligible for certain benefits such as healthcare and education.
Once the Green Card application is approved, the individual can then transition from the Provisional Immigrant Visa to permanent residency status. This process typically involves additional paperwork and interviews with USCIS to finalize the Green Card application.
Overall, the Provisional Immigrant Visa provides a temporary solution for individuals who have been offered employment in the United States but need to start working before their Green Card application is approved. It allows them to legally work and live in the country while their permanent residency status is being processed.
Cross-Chargeability for Spouses and Children
When it comes to the process of obtaining a green card based on employment, there is a provision that can greatly benefit spouses and children of the primary beneficiary, known as cross-chargeability.
Under normal circumstances, the availability of green cards is limited to a certain number per country each year. However, with cross-chargeability, spouses and children of the primary beneficiary can potentially bypass these limitations and obtain their green cards faster.
Here’s how cross-chargeability works:
1. Nationality of the Spouse or Child: If the spouse or child of the primary beneficiary is from a country with a different timeline for green card availability, they may be able to “cross-charge” to the country with the shorter waiting period.
2. Priority Date: The priority date is the date when the labor certification application is filed with the Department of Labor. If the primary beneficiary’s priority date is earlier than the cutoff date for the country of the spouse or child, cross-chargeability may be possible.
3. Visa Bulletin: The Visa Bulletin, published monthly by the U.S. Department of State, indicates the cutoff dates for each country’s green card availability. It is important to check the Visa Bulletin regularly to determine if cross-chargeability is an option.
By taking advantage of cross-chargeability, spouses and children may be able to obtain their green cards sooner, separate from the primary beneficiary’s process. This can be particularly beneficial if the primary beneficiary’s country has a longer waiting period.
It’s important to note that cross-chargeability is subject to specific rules and regulations, and it’s best to consult with an immigration attorney or legal expert to fully understand the process and eligibility criteria.
In conclusion, cross-chargeability offers a potential pathway for spouses and children of the primary beneficiary to obtain their green cards faster by taking advantage of a different country’s green card availability. This provision can greatly benefit families and help ensure their immigration process moves forward more efficiently.
Portability for Applicants Changing Jobs
For individuals who are in the process of obtaining an employment-based green card, the ability to change jobs can sometimes raise concerns about whether their application will still be valid. This is where the concept of portability comes into play.
The portability provision allows individuals to change jobs while their employment-based green card application is still pending, without jeopardizing the process. Specifically, it allows applicants to switch to a new job that is similar in nature to their current position, without having to restart the entire process.
There are certain requirements that must be met in order to take advantage of portability. Firstly, the new job must be within the same or a similar occupational classification as the original position listed in the green card application. This means that the new job should have similar job duties, responsibilities, and required skills.
Additionally, the individual must have an approved Form I-140, which is the petition for immigrant worker filed by the employer. This means that the employment-based green card process must have already started and reached a certain stage before portability can be exercised.
It is important to note that portability does not apply to individuals who are still in the process of obtaining their labor certification, which is the first step in the employment-based green card process. Portability comes into effect once the labor certification has been approved and the individual has an approved Form I-140.
In order to exercise portability, the individual must meet certain documentation requirements. This usually involves providing evidence that the new job is within the same or a similar occupational classification as the original position, such as job offer letters, job descriptions, and letters from previous employers.
Overall, portability provides flexibility for individuals in the process of obtaining an employment-based green card, allowing them to change jobs without having to restart the entire process. However, it is important to understand and meet the specific requirements in order to properly exercise portability and ensure the continuation of the green card application.
Numerical Limitations on Employment Based Green Cards
Obtaining an employment-based green card is a multi-step process that allows foreign nationals to live and work permanently in the United States. However, there are numerical limitations on the number of employment-based green cards that can be issued each year.
The Process of Obtaining an Employment Based Green Card
The process of obtaining an employment-based green card typically involves the following steps:
- Obtaining a job offer from a U.S. employer who is willing to sponsor the foreign national for the green card.
- The employer must then file a petition with the U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign national.
- If the petition is approved, the foreign national can then apply for an employment-based green card.
- The application process includes filing various forms and supporting documents, attending an interview, and undergoing a background check.
- If the application is approved, the foreign national will be issued an employment-based green card, allowing them to live and work permanently in the United States.
Numerical Limitations
However, due to the high demand for employment-based green cards, there are numerical limitations on the number of green cards that can be issued each year. These limitations are set by the U.S. government and are divided into different categories based on the type of employment and the qualifications of the applicant.
The numerical limitations are a result of the Immigration and Nationality Act, which sets annual quotas for various immigrant visa categories, including employment-based green cards. These quotas are intended to ensure that the number of green cards issued each year is in line with the needs of the U.S. labor market and the overall immigration system.
Each category of employment-based green card has its own numerical limitations, and these limitations can vary from year to year based on factors such as demand and the availability of visas. For example, some categories may have a higher number of green cards available, while others may have a lower number.
It is important for employers and foreign nationals to be aware of these numerical limitations when going through the employment-based green card process. It is also important to note that there are countries that have a higher demand for employment-based green cards than the available supply, and this can result in longer wait times for green card issuance.
Overall, the numerical limitations on employment-based green cards play a crucial role in managing the immigration system and ensuring that the process is fair and balanced for all applicants.
Green Card Through Special Categories
In addition to the regular process of obtaining an employment-based green card, there are also special categories that individuals can apply under. These special categories provide alternative paths for individuals who may not qualify under the standard employment-based green card process.
1. National Interest Waiver
The National Interest Waiver (NIW) is a special category that allows individuals to bypass the usual process of obtaining a job offer and labor certification. Under this category, individuals who can demonstrate that their work is in the national interest of the United States may be eligible for a green card without employer sponsorship. This category is typically reserved for individuals who have exceptional abilities or advanced degrees in science, art, or business that would greatly benefit the country.
2. Alien of Extraordinary Ability
The Alien of Extraordinary Ability category is another special category that allows individuals who have extraordinary abilities in their field to apply for a green card without a job offer or labor certification. To qualify for this category, individuals must show that they have achieved national or international acclaim in their field and that their work will substantially benefit the United States. This category is typically reserved for individuals in fields such as athletics, arts, science, education, or business.
These special categories provide additional options for individuals seeking to obtain a green card based on their skills and abilities. While the process may vary depending on the category, individuals who qualify under these special categories can potentially expedite their path to permanent residency.
Special Immigration Visa Programs
In addition to the green card process for employment-based immigration, there are also special visa programs available for certain individuals seeking to come to the United States for employment purposes.
1. H-1B Visa: This visa is for foreign workers in specialty occupations that require specialized knowledge. It allows employers in the United States to temporarily hire these workers to fill positions for which there are no qualified American workers available.
2. L-1 Visa: The L-1 visa is for intracompany transferees who are being transferred from a foreign company to a U.S. company that has a qualifying relationship with the foreign company. This visa is commonly used by multinational corporations to transfer employees to their U.S. offices.
3. O Visa: The O visa is for individuals with extraordinary ability in various fields, such as science, education, business, or athletics. It requires evidence of significant achievements in the respective field and a job offer from a U.S. employer to work in that field.
4. P Visa: The P visa is for athletes, entertainers, artists, and performers who are internationally recognized and seek to temporarily work in the United States. This visa requires a sponsor, such as an employer or a specific event, and evidence of the individual’s significant contributions to their field.
5. TN Visa: The TN visa is available for citizens of Canada and Mexico who are seeking to work in the United States under the provisions of the North American Free Trade Agreement (NAFTA). This visa is limited to specific professions and requires a job offer from a U.S. employer.
These special immigration visa programs provide opportunities for individuals with specific qualifications or talents to come to the United States for employment purposes. Each visa program has its own requirements and application process, and it is essential to consult with an immigration attorney or expert to navigate through the process successfully.
Green Card Through Investment
The process of obtaining a green card through investment is an option for individuals who are interested in living and working permanently in the United States. This program, also known as the EB-5 Immigrant Investor Program, provides a path to a green card for foreign nationals who make a significant investment in a new commercial enterprise that creates jobs for U.S. workers.
To qualify for a green card through investment, there are certain requirements that must be met. The investment must be at least $1.8 million, or $900,000 if the investment is made in a targeted employment area, which is an area with high unemployment or a rural area. The investment must also create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years.
Once the investment is made and the necessary jobs are created, the individual can apply for a green card. This process includes submitting the appropriate forms and supporting documents to U.S. Citizenship and Immigration Services (USCIS) for review. If the application is approved, the individual will be granted a conditional green card.
After holding the conditional green card for two years, the individual can apply to have the conditions removed and obtain a permanent green card. This process involves submitting additional documentation to demonstrate that the investment has been sustained and that the required jobs have been created and maintained.
Obtaining a green card through investment can be a complex process, and it is important to carefully navigate the requirements and timelines. Working with an experienced immigration attorney can help ensure that all necessary steps are taken and increase the chances of a successful application.
Green Card Through Extraordinary Ability
If you possess extraordinary ability in the fields of sciences, arts, education, business, or athletics, you may be eligible to obtain a green card through the employment-based immigration process.
The process of obtaining an employment-based green card based on extraordinary ability involves several steps:
- Proving Extraordinary Ability: You must demonstrate that you have sustained national or international acclaim and that your achievements have been recognized in your field of expertise.
- Filing Form I-140: You will need to file Form I-140, Petition for Alien Worker, with the U.S. Citizenship and Immigration Services (USCIS).
- Gathering Supporting Documents: Along with Form I-140, you will need to provide evidence of your extraordinary ability, which may include awards, publications, media recognition, memberships in professional associations, and testimonies from experts in your field.
- Securing a Job Offer: You must have a job offer from a U.S. employer who is willing to sponsor your green card application.
- Prevailing Wage Determination: Your employer will need to obtain a prevailing wage determination from the Department of Labor to ensure that your salary meets the required minimum wage for your intended employment.
- Filing Form I-485: Once your Form I-140 is approved and a visa number becomes available, you can file Form I-485, Application to Register Permanent Residence or Adjust Status, to adjust your status to that of a lawful permanent resident.
- Attending an Interview: You and any accompanying family members will need to attend an interview with a USCIS officer to review your application and verify the information provided.
- Receiving the Green Card: If your application is approved, you will be issued a green card, granting you the right to live and work permanently in the United States.
Obtaining a green card through extraordinary ability can be a complex and time-consuming process. It is recommended to seek the guidance of an experienced immigration attorney to ensure that your application is properly prepared and all requirements are met.
Green Card Through National Interest Waiver
The process of obtaining an employment-based green card can be complex and time-consuming. However, for those who qualify, the National Interest Waiver (NIW) provides an expedited path to obtaining permanent residency in the United States.
The NIW is available to foreign nationals who can demonstrate that their work is in the national interest of the United States. This means that their contributions to their field of expertise are of substantial intrinsic merit and will have a national impact.
Unlike other employment-based green card categories, the NIW allows applicants to self-petition, meaning they do not need a job offer from a U.S. employer to apply. This makes the process more flexible and attractive to highly skilled individuals who may be working independently or in academia.
To qualify for the NIW, applicants must meet specific criteria. They must have an advanced degree or exceptional ability in their field, and they must demonstrate that their work will significantly benefit the United States. This can be through their contributions to research, innovation, or other areas of national importance.
Applicants must also present evidence of their achievements and impact in their field. This can include publications, patents, conference presentations, awards, and letters of recommendation from experts in their field.
Once the NIW petition is approved, applicants can proceed with the green card application process, which includes filing Form I-485, Application to Register Permanent Residence or Adjust Status. They will also need to complete a medical examination and attend an interview at a U.S. Citizenship and Immigration Services (USCIS) office.
It’s important to note that the NIW is a highly competitive category, and not all applicants will be approved. However, for those who meet the eligibility criteria and can demonstrate their exceptional contributions to their field, the NIW offers a fast-track option to obtaining permanent residency in the United States.
Green Card Through Employer Sponsorship
Obtaining a green card through employer sponsorship is a common way for individuals to obtain permanent employment in the United States. This process allows foreign workers to live and work in the country on a long-term basis.
Employment-based green cards are available to individuals who have a job offer from a U.S. employer. The employer must sponsor the employee by initiating the green card application process. This involves undertaking several steps to ensure the employee meets the necessary requirements.
The Process
The process of obtaining an employment-based green card through employer sponsorship typically involves the following steps:
- Job Offer: The employer must first offer a job to the foreign worker. The job must generally require skills that are not readily available in the U.S. job market. Once the job offer is made, the employer and employee can move forward with the green card process.
- PERM Labor Certification: The employer needs to obtain a labor certification from the U.S. Department of Labor (DOL). This involves demonstrating that there are no qualified U.S. workers available and willing to fill the position. The employer must also show that hiring a foreign worker will not negatively impact the wages and working conditions of U.S. workers.
- I-140 Petition: After receiving the labor certification, the employer can file an Immigrant Petition for Alien Worker (Form I-140) with U.S. Citizenship and Immigration Services (USCIS). This petition provides evidence of the foreign worker’s eligibility for the green card. It includes documentation such as educational qualifications, work experience, and other supporting evidence.
- Adjustment of Status or Consular Processing: Once the I-140 petition is approved, the foreign worker can either apply for adjustment of status if they are already in the U.S., or go through consular processing if they are outside the country. The final steps involve medical examinations, background checks, and interviews to determine eligibility for the green card.
- Green Card Issuance: If the foreign worker is deemed eligible, a green card will be issued, granting them permanent residency status in the United States. This allows them to live and work in the country indefinitely, and eventually apply for U.S. citizenship if desired.
It is important for both the employer and employee to carefully follow the requirements and guidelines set forth by USCIS to ensure a successful green card application process.
Overall, obtaining a green card through employer sponsorship is a complex but attainable goal for foreign workers seeking permanent employment in the United States. With the right qualifications and a willing employer, individuals can navigate the process and ultimately achieve their goal of living and working in the U.S. on a long-term basis.
Green Card Through Labor Certification
The process of obtaining an employment-based green card typically involves labor certification. This process requires an employer to prove that there are no qualified U.S. workers available for the job being offered to a foreign worker.
First, the employer must conduct a recruitment process to test the U.S. labor market. This includes advertising the job opening, accepting applications, and interviewing candidates. If no qualified U.S. worker is found, the employer can proceed with the labor certification process.
The employer then files a labor certification application with the Department of Labor (DOL). This application includes detailed information about the job being offered, such as the job duties, qualifications, and the salary being offered. The employer must also provide evidence that they have made a good faith effort to hire a U.S. worker but were unsuccessful.
Once the labor certification application is filed, the DOL reviews the application and makes a determination. If the DOL approves the application, the employer can move forward with the next step of the green card process. However, if the DOL denies the application, the employer has the option to appeal the decision.
After labor certification is obtained, the employer can then file an immigrant petition on behalf of the foreign worker. This petition is filed with U.S. Citizenship and Immigration Services (USCIS) and includes supporting documentation, such as the approved labor certification. If the petition is approved, the foreign worker can move forward with the final step of the green card process.
It is important to note that the labor certification process can be complex and time-consuming. Employers must be thorough in their recruitment efforts and provide accurate and complete information in their application. Working with an experienced immigration attorney can help navigate the process and ensure that all requirements are met.
Green Card Through Outstanding Professor or Researcher
The process of obtaining an employment-based green card is a complex and time-consuming one. However, for outstanding professors or researchers, there is a special category that expedites this process.
In order to qualify for a green card through the outstanding professor or researcher category, an individual must demonstrate international recognition for their outstanding achievements in a specific academic field. This can be evidenced by receiving major prizes or awards, being a member of associations that require outstanding achievements, or by having documentation of published material in professional publications written by others about the individual’s work.
Evidence and Petition
To begin the process, an employer must sponsor the individual by filing an immigrant petition on their behalf. This petition should include extensive evidence of the individual’s extraordinary abilities and accomplishments, such as reference letters from experts in the field, proof of publications, and any other relevant documentation.
Once the petition is approved, the individual can then file an application for a green card. This application will require additional documentation, such as a medical examination and proof of financial stability.
Benefits of the Outstanding Professor or Researcher Category
The outstanding professor or researcher category offers several benefits compared to other employment-based green card categories. Firstly, there is no requirement for a labor certification, which is typically a time-consuming and expensive step in the process. Additionally, the outstanding professor or researcher category allows for self-petitioning, meaning the individual can sponsor themselves without needing an employer to file the immigrant petition on their behalf.
Overall, the process of obtaining a green card through the outstanding professor or researcher category is still complex, but it offers a streamlined path for individuals who have achieved international recognition for their outstanding contributions in their field. By following the required steps and providing sufficient evidence, an individual can successfully obtain an employment-based green card and pursue their career goals in the United States.
Green Card Through Advanced Degree
If you have an advanced degree, you may be eligible to obtain a green card through the employment-based process.
The green card application process for individuals with advanced degrees is similar to the general employment-based green card process. However, individuals with advanced degrees may be eligible for certain priority categories that can expedite the process. These priority categories include the EB-2 and EB-3 categories.
EB-2 Green Card
The EB-2 green card category is for individuals with advanced degrees or exceptional ability in their field. To qualify for an EB-2 green card, you must have a job offer from a U.S. employer and meet certain criteria.
- You must have an advanced degree, such as a Master’s or Ph.D., or a Bachelor’s degree with at least five years of experience in your field.
- You must demonstrate exceptional ability in your field, which can be proven through documentation of your achievements, recognition, and contributions.
- Your job offer must be in a field that requires an advanced degree or exceptional ability.
If you meet these criteria, you can apply for an EB-2 green card. However, it’s important to note that the EB-2 category often has a backlog, and there may be a wait time before your application is processed.
EB-3 Green Card
The EB-3 green card category is for professionals, skilled workers, and other workers. While individuals with advanced degrees may also qualify for an EB-3 green card, this category is generally for individuals with less advanced education or experience.
- Professionals must have a Bachelor’s degree or its foreign equivalent and a job offer in a field that requires at least a Bachelor’s degree.
- Skilled workers must have at least two years of training or experience and a job offer in a field that requires such training or experience.
- Other workers must be performing unskilled labor and have a job offer in a field that requires such labor.
If you qualify for the EB-3 category, you can apply for a green card. The wait time for EB-3 green cards can vary, depending on the demand and available visas.
Overall, individuals with advanced degrees have options to obtain a green card through the employment-based process. Whether through the EB-2 or EB-3 categories, having an advanced degree can be a valuable asset in the green card application process.
Green Card Through Schedule A
The process of obtaining a green card through employment can be complex and time-consuming. However, certain individuals can benefit from a streamlined process known as Green Card Through Schedule A.
Schedule A is a special category created by the United States Citizenship and Immigration Services (USCIS) that allows eligible foreign workers to bypass the labor certification process, which is typically required for other employment-based green card applications.
Who is eligible?
There are two groups of individuals who may qualify for a green card through Schedule A:
- Nurses: Registered nurses and physical therapists who possess the necessary educational and professional qualifications and have a job offer from a U.S. employer can apply for a green card through Schedule A.
- Exceptional ability applicants: Individuals with exceptional ability in fields such as science, arts, or business who can demonstrate that their presence in the U.S. will substantially benefit the nation can also apply for a green card under Schedule A.
Application process
The application process for a green card through Schedule A involves several steps:
- Job offer: The applicant must have a job offer from a U.S. employer who is willing to sponsor their green card application.
- Labor certification: Although the labor certification process is not required for Schedule A applicants, they must still obtain a certification from the Department of Labor (DOL) confirming their qualification under Schedule A.
- Form I-140: The employer must file Form I-140, Petition for Alien Worker, on behalf of the applicant. This form verifies that the job offer and the applicant’s qualifications meet the requirements under Schedule A.
- Form I-485: Once the Form I-140 is approved, the applicant can file Form I-485, Application to Register Permanent Residence or Adjust Status. This form is used to apply for a green card and allows the applicant to become a lawful permanent resident of the United States.
- Interview and approval: After filing the Form I-485, the applicant may be required to attend an interview with a USCIS officer. If the officer determines that the applicant is eligible for a green card, the application will be approved, and the applicant will receive their green card.
It is important to note that the process and requirements for obtaining a green card through Schedule A may vary. It is recommended to consult with an immigration attorney or the USCIS website for the most up-to-date information and guidance.
Green Card Through Self-Petition
The process of obtaining an employment-based green card typically involves an employer sponsoring an individual for permanent residency. However, there is also a pathway for individuals to self-petition for a green card based on their own qualifications and achievements.
Self-petitioning is available in certain employment-based categories, such as the EB-1A visa category for individuals with extraordinary ability. To qualify for a green card through self-petition, an individual must demonstrate that they possess exceptional skills or achievements in their field.
One way to show exceptional ability is by providing evidence of sustained national or international acclaim, such as major awards, memberships in prestigious organizations, or published material about the person’s work. They may also demonstrate their exceptional ability through original scientific, scholarly, artistic, athletic, or business-related contributions of major significance.
In addition to the EB-1A category, there are also self-petition options for certain immigrant investors, such as the EB-5 visa program. This program allows individuals to qualify for a green card by making a significant investment in a new commercial enterprise that creates jobs for U.S. workers.
The process of self-petitioning for a green card can be complex and requires careful documentation of the individual’s qualifications and achievements. It is important to consult with an experienced immigration attorney to navigate through the process successfully.
Overall, self-petitioning offers individuals the opportunity to obtain a green card based on their own merit and achievements, without the need for an employer sponsor. It provides a pathway for highly skilled individuals and investors to contribute to the U.S. economy and obtain permanent residency in the United States.
Q&A:
What is the process of obtaining an employment based green card?
The process of obtaining an employment based green card involves several steps. First, a U.S. employer must offer a job to a foreign national. Once the job offer is accepted, the employer must obtain a labor certification from the Department of Labor. After the labor certification is approved, the employer can file an immigrant petition on behalf of the foreign national. If the petition is approved, the foreign national can apply for a green card through either adjustment of status or consular processing.
How does a U.S. employer obtain a labor certification?
A U.S. employer can obtain a labor certification by submitting a PERM (Program Electronic Review Management) application to the Department of Labor. The employer must demonstrate that there are no qualified U.S. workers available for the job and that hiring a foreign national will not adversely affect the wages and working conditions of U.S. workers. The application includes advertising the job and conducting a recruitment process. If the labor certification is approved, the employer can proceed with the immigration petition.
What is an immigrant petition?
An immigrant petition is a form that is filed by a U.S. employer on behalf of a foreign national who wishes to obtain an employment based green card. The petition is filed with U.S. Citizenship and Immigration Services (USCIS) and serves as a request for the government to grant the foreign national permanent resident status. It requires the employer to provide information about the job offer, the foreign national’s qualifications, and other relevant details. If the petition is approved, the foreign national can continue with the green card application process.
What is adjustment of status?
Adjustment of status is a process that allows certain eligible foreign nationals who are already in the United States to apply for a green card without having to leave the country. To be eligible for adjustment of status, the foreign national must have an approved immigrant petition, an available visa number, and be physically present in the United States. The foreign national can apply for adjustment of status by submitting Form I-485 to USCIS. If the application is approved, the foreign national will receive a green card.
What is consular processing?
Consular processing is a process that foreign nationals must go through if they are outside of the United States and applying for a green card. After the immigrant petition is approved, the foreign national will be notified by the National Visa Center (NVC) to complete various forms and submit supporting documents. The NVC will then schedule an interview at a U.S. embassy or consulate in the foreign national’s home country. If the interview is successful, the foreign national will receive an immigrant visa, which can be used to enter the United States and obtain a green card.
What is an employment based green card?
An employment based green card, also known as an EB green card, is a document that allows an individual to live and work permanently in the United States. It is granted to foreign workers who have a job offer from a U.S. employer and meet certain qualifications.
What are the different categories of employment based green cards?
There are five different categories of employment based green cards. They are EB-1 for priority workers, EB-2 for professionals with advanced degrees or exceptional ability, EB-3 for skilled workers and professionals, EB-4 for special immigrants, and EB-5 for investors.
What is the process of obtaining an employment based green card?
The process of obtaining an employment based green card involves several steps. First, the employer needs to obtain a labor certification from the Department of Labor. Then, the employer files a petition with the U.S. Citizenship and Immigration Services (USCIS) on behalf of the employee. If the petition is approved, the employee can apply for an immigrant visa or adjust their status to obtain the green card.
What are the requirements for getting an employment based green card?
The requirements for getting an employment based green card vary depending on the category. Generally, the employee needs to have a job offer from a U.S. employer, meet minimum education and work experience requirements, and have a labor certification or an approved immigrant petition. Additionally, the employer needs to show that there are no qualified U.S. workers available for the position.
How long does the process of obtaining an employment based green card take?
The length of the process of obtaining an employment based green card can vary depending on various factors, such as the category of the green card, country of citizenship, and USCIS processing times. In general, it can take several months to several years to complete the process.