Green Cards through Work: Your Path to Permanent Residency

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How to obtain a green card through an employer in the U.S.?

Obtaining a U.S. Green Card (permanent residency) through an employer typically involves a multi-step process, and it’s important to understand that the specific requirements and procedures may change over time. Here is a general overview of how you can obtain a Green Card through employment sponsorship:

  • Determine Eligibility:
    • You must have a qualifying job offer from a U.S. employer.
    • The employer must be willing to sponsor your Green Card.
    • Different employment-based categories have different eligibility criteria. Common categories include:
      • EB-2: For individuals with advanced degrees or exceptional abilities.
      • EB-3: For skilled workers, professionals, and other workers.
      • EB-1: For priority workers (e.g., outstanding researchers, multinational managers).
      • EB-4: For special immigrants, including religious workers.
  • Labor Certification (if applicable):
    • For some employment categories, your employer may need to obtain a labor certification from the U.S. Department of Labor (DOL). This process ensures that hiring you will not negatively affect the job market for U.S. workers.
  • File an Immigrant Petition:
    • Your employer will need to file an immigrant petition on your behalf. The specific form depends on the employment category (e.g., Form I-140 for employment-based immigrants).
  • Wait for Visa Bulletin Priority Date:
    • Employment-based Green Cards are subject to annual quotas and preference categories. You’ll need to wait for your priority date (the date USCIS receives your Form I-140) to become current in the Visa Bulletin. The Visa Bulletin is issued monthly and provides information on the availability of Green Card numbers.
  • Adjustment of Status or Consular Processing:
    • If you are already in the United States, you may be able to adjust your status to a permanent resident by filing Form I-485. If you are outside the U.S., you will go through consular processing at the U.S. embassy or consulate in your home country.
  • Attend Biometrics Appointment and Interview:
    • If required, attend a biometrics appointment for fingerprinting and an interview with a USCIS officer.
  • Receive Conditional or Unconditional Green Card:
    • Depending on your circumstances, you may initially receive a conditional Green Card, which is valid for two years. After the conditional period, you can apply to remove the conditions.
  • Maintain Eligibility:
    • It’s crucial to continue working for the sponsoring employer and maintain the terms of your employment during the Green Card process.
  • Apply for U.S. Citizenship (Optional):
    • After holding a Green Card for the required number of years (usually five years, or three years if married to a U.S. citizen), you can apply for U.S. citizenship if you meet the eligibility criteria.

Employment-based green card categories

There are several employment-based immigrant visa categories (Green Card categories) in the United States. These categories are designed to allow foreign nationals to obtain a Green Card based on their employment qualifications and skills. Please note that immigration laws and categories may evolve over time, so it’s essential to check the latest information on the U.S. Citizenship and Immigration Services (USCIS) website or consult with an immigration attorney for the most up-to-date details. Here are the primary employment-based Green Card categories:

  • EB-1: Priority Workers
    • This category is for individuals with extraordinary ability in their field (e.g., outstanding researchers, business executives, athletes).
    • It also includes multinational managers and executives who have been employed for at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer.
  • EB-2: Advanced Degree Professionals and Individuals with Exceptional Ability
    • This category includes individuals with advanced degrees or exceptional ability in their field.
    • Applicants may require a labor certification (unless exempt), and a job offer is generally required.
  • EB-3: Skilled Workers, Professionals, and Other Workers
    • This category encompasses a range of workers, including skilled workers (positions requiring at least two years of training or experience), professionals with bachelor’s degrees, and other workers in positions with fewer skill or educational requirements.
    • Labor certification is typically required for these categories.
  • EB-4: Special Immigrants
    • This category is for special immigrants, including religious workers, certain employees of U.S. foreign service posts, retired NATO-6 employees, and others with unique qualification
  • EB-5: Immigrant Investors
    • The EB-5 program is for foreign investors who invest a specified amount of capital in a new commercial enterprise in the United States that creates jobs for U.S. workers.

How to apply for an employment-based green card?

Applying for an employment-based green card (permanent residency) in the United States involves several steps. The exact process can vary depending on your specific employment category and circumstances. Here is a general overview of the steps you may need to follow:

  • Job Offer and Labor Certification (if applicable):
    • You must have a job offer from a U.S. employer in a qualifying position. The employer may need to obtain a labor certification from the U.S. Department of Labor (DOL) for some employment categories to demonstrate that there are no qualified U.S. workers available for the job.
  • Determine Your Eligibility:
    • Make sure you meet the eligibility requirements for the specific employment-based category you are applying under (e.g., EB-2, EB-3, EB-1).
  • File an Immigrant Petition:
    • Your employer will need to file an immigrant petition on your behalf. The specific form depends on the employment category:
      • For EB-2 and EB-3, it’s Form I-140 (Immigrant Petition for Alien Worker).
      • For EB-1, it’s also Form I-140, but it has different criteria.
      • Other categories have their own designated forms.
  • Wait for Priority Date to Become Current:
    • Employment-based Green Cards are subject to annual quotas and preference categories. Your priority date (the date USCIS receives your Form I-140) must become current in the Visa Bulletin before you can proceed with the next steps.
  • Adjustment of Status or Consular Processing:
    • If you are in the United States, you may be able to adjust your status to a permanent resident by filing Form I-485 (Application to Register Permanent Residence or Adjust Status).
    • If you are outside the United States, you will go through consular processing at the U.S. embassy or consulate in your home country.
  • Attend Biometrics Appointment and Interview:
    • If required, attend a biometrics appointment for fingerprinting and an interview with a USCIS officer. The interview may not be required for all applicants.
  • Receive Conditional or Unconditional Green Card:
    • Depending on your circumstances and the employment category, you may initially receive a conditional Green Card (valid for two years) or an unconditional Green Card (valid for ten years). You may need to file to remove the conditions on your Green Card if applicable.
  • Maintain Eligibility:
    • Continue working for the sponsoring employer and adhere to the terms of your employment to maintain your Green Card status.
  • Apply for U.S. Citizenship (Optional):
    • After holding a Green Card for the required number of years (usually five years, or three years if married to a U.S. citizen), you can apply for U.S. citizenship if you meet the eligibility criteria.

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