Obtaining a U.S. green card is a life-changing milestone for many individuals seeking better career opportunities and a new chapter of life in the United States. One of the most common pathways to permanent residency in the U.S. is through employment. Navigating this process might seem complex at first, but with the right guidance and information, you can take the steps needed to secure a green card. In this article, we’ll break down the entire process, providing a clear, step-by-step guide on how to apply for a U.S. green card through employment.
SEE ALSO: How to Sponsor Family Members for U.S. Immigration
What Is a U.S. Green Card?
A green card, officially known as a Permanent Resident Card, allows foreign nationals to live and work in the United States permanently. With this card, you enjoy many of the rights U.S. citizens have, except for voting in federal elections or serving on a jury. You also gain the opportunity to apply for U.S. citizenship after a few years, depending on your eligibility category.
Employment-Based Green Card Categories
There are five primary categories through which you can apply for a U.S. green card based on employment, commonly referred to as employment-based (EB) immigrant visas. Each category corresponds to a different type of employment or skill level:
- EB-1: Priority Workers
- This category is for individuals with extraordinary abilities in sciences, arts, education, business, or athletics. It also includes outstanding professors and researchers, as well as certain executives and managers.
- EB-2: Professionals with Advanced Degrees or Exceptional Ability
- Individuals holding an advanced degree (master’s degree or higher) or those with exceptional ability in the sciences, arts, or business may qualify under this category. It also includes people whose work is deemed to be in the national interest of the U.S.
- EB-3: Skilled Workers, Professionals, and Other Workers
- For workers who possess a bachelor’s degree, those in skilled positions requiring at least two years of training or experience, and unskilled workers filling positions where there are shortages of U.S. workers.
- EB-4: Special Immigrants
- This category covers certain religious workers, employees of U.S. foreign service posts, retired employees of international organizations, and others with specific criteria.
- EB-5: Immigrant Investors
- For investors who make a substantial financial investment in a U.S. business, creating jobs for U.S. workers.
Now that we’ve covered the different employment-based categories, let’s walk through the general process of applying for a green card through employment.
Step-by-Step Process for Applying for a U.S. Green Card Through Employment
1. Obtain a Permanent Job Offer
The first step in most employment-based green card processes is to secure a permanent job offer from a U.S. employer. This job offer forms the foundation of your green card application. Most employment-based green card applicants need a sponsoring employer who is willing to go through the process of petitioning for the employee’s permanent residency.
Note: Certain categories, such as the EB-1 for extraordinary ability and EB-5 investors, do not require a job offer from a U.S. employer.
2. Labor Certification (PERM)
For many applicants, particularly under the EB-2 and EB-3 categories, the employer will need to go through the PERM (Program Electronic Review Management) process. This step involves demonstrating to the U.S. Department of Labor (DOL) that there are no qualified U.S. workers available for the position being offered to the foreign worker.
The employer must advertise the job position and prove that hiring the foreign worker will not negatively affect the job market for U.S. workers. This step requires time and patience, as the DOL’s review process can take several months.
3. File Form I-140, Immigrant Petition for Alien Worker
Once the Labor Certification is approved (if required), the employer must file Form I-140, Immigrant Petition for Alien Worker, with the U.S. Citizenship and Immigration Services (USCIS). This petition establishes that the foreign worker qualifies for the employment-based green card and that the employer can afford to pay the offered wage.
For EB-1 applicants, no Labor Certification is required, and the I-140 can be filed directly after securing the job offer or proving exceptional abilities.
4. Wait for Priority Date
Each green card category has a set limit of visas issued each year. After the I-140 petition is filed, the applicant must wait for their priority date to become current before moving on to the next step. The priority date is the date the employer files the I-140 petition. The U.S. Department of State publishes a monthly Visa Bulletin that shows which priority dates are currently eligible for processing.
If your category is oversubscribed (like EB-2 or EB-3 from certain countries), the wait can be several years.
5. Adjustment of Status or Consular Processing
Once your priority date is current, you can apply for your green card through one of two processes:
- Adjustment of Status (Form I-485): If you are already in the U.S. under a temporary visa, you can file Form I-485 with USCIS to adjust your status to permanent resident.
- Consular Processing: If you are outside the U.S., you will go through consular processing at a U.S. embassy or consulate in your home country. This involves submitting required documentation and attending an interview.
6. Receive Your Green Card
After completing either the adjustment of status or consular processing, you will receive your green card. This grants you permanent residency in the U.S., and you can now live and work freely in the country.
Additional Tips for a Successful Application
- Be Patient with Processing Times: The employment-based green card process can take several years, especially for categories that have visa backlogs. Check the Visa Bulletin regularly to monitor your priority date.
- Keep Documents Organized: Gather all required documentation early in the process, including your passport, birth certificates, educational records, and any previous immigration paperwork.
- Consult with an Immigration Attorney: It’s always a good idea to consult with an experienced immigration attorney to ensure that your application is filed correctly and that you meet all requirements.
SEE ALSO: How to Apply for a U.S. Student Visa (F-1)
Conclusion
Applying for a U.S. green card through employment is a multi-step process that requires careful planning, patience, and attention to detail. Understanding the different categories and following the correct procedure will help you navigate this journey successfully. Whether you’re an investor, a skilled worker, or someone with extraordinary abilities, the U.S. offers a range of pathways for employment-based green cards, each leading to the opportunity to build a permanent life in the country.
By following the steps outlined in this guide, and perhaps consulting with legal professionals along the way, you can significantly increase your chances of success in obtaining a green card and starting your new chapter in the U.S.
FAQs
- How long does it take to get a green card through employment?
- The processing time varies depending on your employment category and the demand for visas in your category. Some applicants may wait several months, while others may experience delays lasting years due to visa backlogs.
- Can I switch employers while my green card application is pending?
- In most cases, you need to stay with the sponsoring employer until you receive your green card. However, under certain conditions, such as if your I-140 has been approved and your I-485 has been pending for more than 180 days, you may be able to switch jobs in the same or similar occupational classification.
- Is there a minimum salary requirement for an employment-based green card?
- Yes, the U.S. employer must pay the prevailing wage for the job, as determined by the Department of Labor. This ensures that foreign workers are not paid less than U.S. workers for the same job.
- Do I need to hire a lawyer to apply for an employment-based green card?
- While it’s not required, hiring an experienced immigration lawyer is highly recommended. Immigration laws can be complex, and an attorney can help you navigate the process and avoid costly mistakes.
- Can my family apply with me?
- Yes, your spouse and unmarried children under 21 years old can apply for green cards along with you as derivative beneficiaries.