Getting a Green Card Through Employment
Hundreds of millions of people all around the world have a dream of living and working in the United States, the world's largest economy by nominal GDP. But for most people, that dream seems too distant, which is why they don’t even try to do anything to achieve it.
One of the most common ways to immigrate to the U.S. is through getting an employment-based green card. But that’s easier said than done as only a small percentage of foreign workers and students are eligible for a green card through employment. Wonder if you’re among the lucky ones?
Our Atlanta immigration lawyer at PVB Law LLC can explain the eligibility requirements and the application process for getting an employment-based green card.
Is It Possible to Get a Green Card Through Employment?
Yes, obtaining a green card through employment is one of the primary pathways for foreign nationals seeking permanent residency in the United States. This process allows individuals to live and work in the U.S. indefinitely, offering them many opportunities for professional growth and personal development. Employing a foreign national involves both the individual and the employer meeting specific criteria set by the U.S. government.
Typically, the employer sponsors the employee for the green card, which involves demonstrating the need for their skills and proving that hiring the foreign worker will not have a detrimental impact on the wages or working conditions of U.S. workers.
Employment-Based Green Card Categories
There are several categories under which one can apply for an employment-based green card, each tailored to different types of workers and skill levels:
EB1 is for individuals with extraordinary abilities in fields such as science, arts, education, business, or athletics. It also includes outstanding professors and researchers, as well as certain multinational executives.
EB2 is designated for professionals holding advanced degrees or individuals with exceptional abilities in the sciences, arts, or business.
EB3 targets skilled workers, professionals, and other workers. This category generally requires a labor certification and a permanent job offer.
EB4 is reserved for members of a non-profit religious denomination in the U.S. (known as “special immigrants”).
EB5 is for investors who make substantial financial investments in U.S. businesses, creating jobs for American workers.
Navigating these categories can be complex, so it’s essential to understand which category aligns with your qualifications and career goals.
Which Foreign Workers Qualify for Green Cards Through Employment?
To qualify for an employment-based Green Card, foreign workers must fall under one of the aforementioned categories. Each category has specific requirements based on skills, education, and employment status.
For instance, EB1 candidates must demonstrate exceptional talent or significant achievements in their field. EB2 applicants need to have an advanced degree or prove exceptional ability in their profession. EB3 requires that workers have at least two years of experience or a bachelor's degree if applying as a professional.
You need to align your professional qualifications with the appropriate category to ensure eligibility. Additionally, having a U.S. employer willing to sponsor your application is often necessary, although certain categories like EB1 and EB5 may allow self-sponsorship under specific conditions.
What Documents Do You Need for an Employment-Based Green Card?
The documentation required for an employment-based green card varies depending on the category. However, some common documents include:
A valid passport
Proof of current nonimmigrant status
Job offer letter from the sponsoring employer
Labor certification (if required)
Evidence of qualifications (e.g., diplomas, degrees, certifications)
Letters of recommendation or evidence of extraordinary ability (for EB1 applicants)
Proof of investment and job creation (for EB5 applicants)
Completed forms such as Form I-140 (Immigrant Petition for Alien Worker) and Form I-485 (Application to Register Permanent Residence or Adjust Status)
Ensuring all documents are accurate and complete is crucial to avoid delays or rejections in your application process. You might need the assistance of an immigration attorney to gather and organize all the documents you need for your application.
How to Start the Green Card Application Process?
The first step in starting the green card application process through employment is to secure a job offer from a U.S. employer willing to act as your sponsor. The employer typically files a Form I-140, Immigrant Petition for Alien Workers, with U.S. Citizenship and Immigration Services (USCIS) on behalf of the prospective employee.
Depending on the employment category, the employer may also need to obtain a labor certification from the Department of Labor, demonstrating that there are no qualified U.S. workers available for the position. Once the petition is approved and a visa is available, the applicant can then file Form I-485 to adjust their status to that of a permanent resident.
How Long Does It Take to Get an Employment-Based Green Card?
The time it takes to obtain an employment-based Green Card can vary significantly depending on several factors, including the applicant's country of origin and the specific employment category. On average, the process can take anywhere from several months to several years.
Categories like EB1, which often have fewer backlogs, may offer quicker processing times, while EB3 applicants can experience longer waits due to higher demand and processing queues. Additionally, labor certification and the availability of visas in the applicant’s category can affect timelines.
Do You Need an Attorney to Get a Green Card Through Employment?
While it's not mandatory to hire an attorney to apply for a green card through employment, having one can be highly beneficial. The process involves complex legal requirements and navigating various government agencies, which can be daunting for those unfamiliar with U.S. immigration law.
An experienced immigration attorney can provide valuable guidance, help ensure all forms and documents are correctly completed, and offer help in the event of any legal challenges or complications. For many applicants, the peace of mind and trusted assistance provided by an attorney justifies the investment.
Need an Employment-Based Green Card? Let’s Discuss Your Options
Are you currently exploring your options to immigrate to the United States but still haven’t found a surefire way to achieve the American dream? Our immigration attorney at PVB Law LLC can explain everything you need to know about getting a green card through employment and review your particular circumstances to determine if this pathway is right for you.
Contact our office, located in Atlanta, Georgia, today to request a consultation.