Employment Based Green Card

The non-US citizens are basically those permanent residents green card holder who are authorized to work and live permanently in the United States. Most of the people can either get green card as employment based green card or family based green card. However some other ways to avail green card can be as adoption based, refugee based, political asylum based and diversity lottery based green cards. In general an individual can avail a green based on the fact that the person has a permanent employment opportunity in the U.S. Although sponsoring is required, there are a few categories wherein sponsoring employers might not be required

Generally a job offer is needed to sponsor an employee for a green card which would be for the future permanent job that the employee would do after availing the employment based green card. This means that it is also possible for the employer to sponsor a green card for the alien even if the beneficiary is currently not working with them. In practice, however most of the aliens are generally already workers for someone when sponsoring employers for the non immigrant work visa like L1, H1B etc when a green card is filed. There are several benefits of availing an employment based green card but it also puts several restrictions on the beneficiary to retain the availed green card.

Process for Applying

Applying for employment based green card is basically a multi-step process which can take several years to get it. In fact, it can also be a frustrating experience for most, where you have to wait so long for getting the green card, but it is a fact.

Minor children and spouses of preference immigrants are also entitled to the same status with the same order to consideration when accompanying to join the principal.

1. Employers and foreign nationals should first determine whether the foreign national is eligible to avail lawful permanent residency under one path of USCIS for the lawful permanent residency.


2. In most employment categories the employer’s sponsor should first file a labor certification at the Department of Labor stating that no qualified US worker is available or is willing to do the job assigned to the alien worker. The statement should also be proved where the employer will have to include proof of advertisement for the job post, the skills required, verification of prevailing wage of the position and also the ability of employer to pay. However a few employment categories might not require approval of labor certification.
   


3. If required and it has been approved, the employer should file Form I-140 (immigrant petition for foreign worker). In case the priority date is current, then there are possibilities to file form I-140 concurrently through Form I-485.
   


4. The Department of State will have to give immigrant visa number to the applicant which is provided if the priority date is current. Therefore, before moving on, the applicant will have to wait until it is current priority date.
   


5. When the priority date is current, the employment based green card applicant will have two options where if the applicant is already in US then they can apply for the adjustment of status while those outside U.S. should go through consular processing to avail employment based green card.

Click Here for more information on how to get your Green Card Status.