Employment-Based Green Card

This page describes all about employment-based green card - Getting a green card based on work is a multi-step process; application process starts with labor certification

Introduction

Nowadays, there are so many ways to obtain a green card - green card through relatives, diversity visa program (see green card lottery) , adoption, investment, marriage, and work. Through employment-based green card you can get a permanent residence status based on the fact that you have a permanent employment opportunity in the United States. Every year nearly 140,000 employment-based green cards are issued to foreign professionals and aliens who wish to live and work permanently in the United States.

Benefits of Employment-Based Immigration:

On green card through employment,

• You get the privilege to live anywhere in the U.S.

• You can work for any employer.

• You can sponsor green cards for your relatives.

• You can become a U.S. citizen once you have stayed in the U.S. for more than five years as a permanent resident.

Employment-based green cards are divided into five preference categories.

EB-1 Priority Workers (First Preference):

• Foreign nationals with extraordinary ability.

• Outstanding professors and researchers.

• Certain multinational executives and managers.

EB-2 Professionals with Advanced Degrees or Exceptional Ability (Second Preference):

• Individuals with exceptional ability in the Sciences, Arts or Business.

• Professionals with advanced degrees or a foreign equivalent degree.

• Foreign nationals with exceptional ability, or an advanced degree, who can show that their activities will substantially benefit the U.S. national interest.

EB-3 Skilled or Professional Workers (Third preference):

• Skilled workers who are able to perform a job requiring at least two years' training or experience.

• Professional workers with a bachelors degree.

EB-4 Special Immigrant Green Card for Religious Workers (Fourth Preference):

• Special workers such as those in a religious occupation.

• Employees and former employees of US Government abroad.

• Persons serving as translators with the United States Armed Forces.

EB-5 Immigrant Investors (Fifth Preference):

• Investors who have invested or are actively in the process of investing the required amount of capital into a new commercial enterprise that they have established.

Documents Requirements:

In order to qualify for employment-based immigrant visas, the applicant must submit the evidence of any one of the following:

• Extraordinary ability in arts, sciences, business, or athletics;

• Experience as outstanding university professor or researcher;

• A masters degree and has been offered employment of which is in the national interest (national interest waiver);

• A bachelors degree or two or more years of experience;

• Exceptional ability in science, arts and business; and

• PERM labor certification and evidence that the worker qualifies for the job.

Application Process:

Obtaining green cards based on work is a multi step process. First, the sponsoring employer must file a labor certification with the Department of Labor (DOL) certifying that no qualified US workers are available to do the job that the foreign national will perform for them.

Along with the petition for labor certification, the employer has to submit the proof of advertising for the specific position, skill requirements for a particular job, verification of the prevailing wage for a position and the employer's ability to pay. Mostly the employment categories such as EB-2 and EB-3 require labor certification.

Once the petition for labor certification is approved, the sponsoring employer files the Form I-140, Immigrant Petition for Alien Worker with the USCIS. The USCIS must approve an immigrant petition that was filed for you by an employer. If your petition is approved, the USCIS will give you an immigrant visa number, if you are already in the U.S. For those applicants who are already in the United States may apply for adjustment of status. If the applicant is residing outside the U.S., he/she can attain permanent resident status through consular processing. Visit Employment-Based Green Card Questions page to know more about employment-based immigration.