Obtaining a green card through employment is one of the most common ways foreign nationals can become lawful permanent residents of the United States. This path is available to workers in specific job categories and those with sponsorship from a U.S. employer. In this article, we will explore the detailed process of obtaining a green card through employment.
Employment-Based Green Card Categories
Employment-based (EB) green cards are divided into five preference categories, each tailored to different types of workers. These categories are:
EB-1: Priority workers with extraordinary abilities, outstanding professors and researchers, and certain multinational executives and managers.
EB-2: Professionals with advanced degrees or individuals with exceptional abilities in the sciences, arts, or business.
EB-3: Skilled workers, professionals, and other workers with at least two years of experience.
EB-4: Special immigrants, including religious workers, U.S. government employees, and others.
EB-5: Investors who make substantial investments in U.S. businesses that create jobs.
Each category has specific requirements and quotas, which can impact the processing time and the chances of approval.
Labor Certification Process (PERM)
Most employment-based green cards, especially EB-2 and EB-3 categories, require a labor certification process known as PERM. The purpose of PERM is to demonstrate that there are no qualified U.S. workers available to fill the position offered to the foreign worker. The steps in the PERM process are:
Job advertisement: The employer must advertise the job position to U.S. workers through specific channels, such as newspapers and online platforms.
Application filing: The employer files an application with the Department of Labor (DOL), certifying that they were unable to find a qualified U.S. worker for the position.
Labor certification: If approved, the labor certification is issued, allowing the employer to proceed with the green card application process.
It is important to note that PERM is not required for EB-1, EB-4, and EB-5 categories.
Filing the Immigrant Petition (Form I-140)
After the labor certification is approved (if required), the employer must file Form I-140, the Immigrant Petition for Alien Worker, with the U.S. Citizenship and Immigration Services (USCIS). This form serves as proof that the employer is offering a job to the foreign worker and that the worker qualifies for the employment-based green card category.
In the case of EB-1, EB-4, and EB-5 petitions, the foreign worker can self-petition, meaning they can file the I-140 without an employer sponsor. This is common for individuals with extraordinary abilities or investors under the EB-5 category.
Adjustment of Status or Consular Processing
Once the I-140 petition is approved, the foreign worker can proceed to apply for permanent residency. There are two options for this:
Adjustment of Status (Form I-485): For individuals already in the U.S. on a valid visa, they can file Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS. This allows them to change their status to that of a lawful permanent resident (green card holder) without leaving the country.
Consular Processing: If the individual is outside the U.S., they will need to go through consular processing, which involves attending an interview at a U.S. embassy or consulate in their home country. After the interview, the green card will be issued.
Priority Dates and Visa Bulletin
The availability of employment-based green cards is subject to annual limits, and processing times can vary based on demand. The U.S. Department of State publishes a Visa Bulletin each month that lists the priority dates for different green card categories and countries. A priority date is the date when the employer filed the labor certification or the I-140 petition, whichever came first.
If the worker’s priority date is earlier than the date listed in the Visa Bulletin, they can proceed with the adjustment of status or consular processing. If not, they must wait until a visa number becomes available.
Concurrent Filing of I-140 and I-485
In some cases, the foreign worker may be eligible for concurrent filing of Form I-140 and Form I-485. This allows the immigrant petition and the adjustment of status application to be submitted simultaneously, speeding up the green card process.
Concurrent filing is typically available if the priority date is current, meaning that a visa number is immediately available for the worker. This is especially common in the EB-1 category and some EB-2 cases where there is no backlog.
Premium Processing for Faster Approval
For certain employment-based green card petitions, employers can opt for premium processing. This is an expedited service that guarantees USCIS will process the I-140 petition within 15 calendar days for an additional fee. This can significantly reduce the waiting time for workers who need their green card approved more quickly.
However, premium processing does not apply to the entire green card process; it only expedites the adjudication of the I-140 petition. Subsequent steps, such as adjustment of status or consular processing, will follow regular processing times.
see also: How Long Does It Take to Get Citizenship After a Green Card?
Green Card for EB-5 Investors
The EB-5 category is specifically for foreign nationals who make a substantial investment in a U.S. business. To qualify, the individual must invest a minimum of $1.8 million (or $900,000 in a targeted employment area) and create at least 10 full-time jobs for U.S. workers. The process for EB-5 investors involves filing Form I-526, Immigrant Petition by Alien Investor, followed by adjustment of status or consular processing.
EB-5 green cards are unique in that they provide a path to permanent residency without the need for employer sponsorship or a job offer.
Challenges and Considerations
There are several challenges and factors to consider when applying for a green card through employment:
Backlogs and waiting times: Some countries, such as India and China, face significant backlogs in certain employment-based categories, particularly EB-2 and EB-3. This can result in long waiting periods for green card approval.
Changing employers: If a foreign worker changes employers during the green card process, it may complicate or delay their application. In most cases, the new employer must file a new labor certification and I-140 petition.
Maintaining valid status: It is important for the foreign worker to maintain valid immigration status while their green card application is pending. Any gaps in status may lead to delays or denial of the green card application.
Conclusion
Getting a green card through employment is a complex process that involves several steps, including labor certification, filing petitions, and adjusting status or consular processing. Each employment-based category has its own unique requirements, and processing times can vary. It is essential for foreign nationals and employers to carefully follow the regulations to ensure a smooth green card application process.
By understanding the requirements and being prepared for the challenges, foreign workers can successfully navigate the process and obtain permanent residency through employment.
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