Green card through employment

Throughout history we have seen that United States’ foreign employers, corporations, and businesspersons can significantly benefit our nation through their immigration to U.S. Immigrants are a vital part of our history and, according to studies, they are also vital to our country. Our nation continues to benefit from waves of immigrants, many of whom obtain their green card through employment.

Immigration can impact the country’s economic and social development. Immigrants coming to our country through the employment based green card have special skills and/or knowledge that can greatly impact the core sectors of the United States. Gallardo Immigration Law can assist you with these types of immigration cases, including green card through employment.

Immigration lawyers and Green Card through Employment

The rules and procedures required to get a green card in order to live, work or reside in the U.S. can get complicated. Immigration law has many exceptions and variations. The wide range of documents required, delays by the government and mistakes are inevitable and they may lead to terrible consequences when the applicant doesn’t have the professional or legal guidance of an experienced immigration lawyer from a respectable firm such as Gallardo Immigration Law.

Green Card through Employment Process

This is a multi-step process which involves several work documents limited by a few rules or regulations. There are a few categories for granting permanent residency to immigrants depending on their occupational skills. Green card through employment categories are EB1, EB2, EB3, EB4, and EB5. We can help expedite the process and help you to successfully handle your immigration case.

Labor Certification

Labor certification is always done by employers seeking to employ certain individuals who have specific skills or nonimmigrant temporary workers who come to the U.S. to perform services for which competent workers are unavailable in the U.S. The Secretary of Labor issues this certification. Labor certification comprises attestations by United States employers about the number of United States workers currently available to accept the position or employment sought by the applicant, and also how the alien’s employment can affect U.S. workers employed in similar positions. The U.S. labor availability is determined at the time and place of the application.

Process when living outside the U.S.

Residency can be obtained through consular processing when the applicant lives outside of the country. This type of processing is when both the Department of State and the U.S. and Immigration Services (USCIS) work together to grant a visa on Form I-140 known as the Immigrant Petition for Alien Worker once approved and when the visa is available.

Process when living in the U.S

Immigrants can become permanent residents through adjustment of status when living in the U.S. When the I-40 has been approved and a visa number is issued, the applicant can then apply on Form I-485 called Adjust Status or Application to Register Permanent Residence in order to obtain permanent residency.

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Green Card Employment-Based (EB) Categories

First Preference EB-1

This category includes workers or employees who have unusual abilities, exceptional researchers and professionals, and international managers or executives . These individuals must demonstrate their talent or abilities on the specific skills required by the position they are applying for in the U.S. Immigrants in this category can also apply for a green card as long as they have a US lawful non-immigrant status.

Second Preference EB-2

Having the perfect team for your business is not always an easy task as it might require finding talented and bright individuals some of which will require an EB-2 immigrant visa. This category is for professionals who have advanced degrees and persons with exceptional abilities in the arts, sciences, or businesses. Our lawyers can help determine your eligibility for this preference.

Third Preference EB-3

This visa category is for skilled workers, professionals, and any other workers performing unskilled labor that might require less than 2 years training. Professionals must prove that they have a United States bachelor’s degree or foreign equivalent. Immigration lawyers tend to specialize in these particular types of cases.

Fourth Preference EB-4

This category is for special immigrants such as broadcasters, physicians, Religious Workers , Iraqi/Aghan Translators, International Organization Employees, Retired NATO-6 employees, spouses and children of deceased, just to name a few.

Fifth Preference EB-5

This visa is categorized as the Immigrant Investor Program and it has become very popular today. The EB-5 visa can help business developers searching for capital for their projects, and also individual investors who can apply for a green card based on the amount of investment.

What is the processing time for the green card through employment?

This is a multiple step process which might take several years. For immediate relatives such as spouses, children, and dependent parents the process may take months or a year since they have a priority status. Other relatives may have to wait many months to ten years.

Frequently asked Questions and Answers about Green Card through Employment

How do I file a petition for an alien worker?

This is Form I-140 which must be filed with the USCIS Regional Service Center serving the applicant’s employment area. The form has detailed instructions about how to file it. Each category has different filing requirements.

What forms are required to apply for a green card through job?

For EB-4 special worker, for example, the applicant or employer must file Form I-360. Applicants filing based on an offer of permanent employment will have to submit other forms such as I-485 (to adjust status or register permanent residence), G-325A (biographic info), copy of I-797 (notice of action), I-693 (medical examination), among others. You will also submit other forms such as G-28, I765, I131, I485 Supplement A and I-601. Ask one of the immigration lawyers at Gallardo Immigration Law about how to file these forms.

How do I prove that the employee has an extraordinary ability?

A petition must be filed showing that the applicant has achieved national and international success in his or her field of expertise. The applicant must demonstrate several things such as:

• Evidence of achievements through awards.
• Evidence of achievements through published work, artistic exhibitions or showcases, scientific work, etc.

What happens if the supporting documents are printed in a foreign language?

Foreign documents must be translated into English and certified by the translator as being complete and correct. The translator must also prove that he or she is competent to execute such translation.

How can I appeal if my petition is denied?

When the petition to work in the U.S. is denied, a denial letter is sent to the applicant explaining the reasons for denial and showing in details how to appeal. Usually, a Notice of Appeal with a required fee is filed 33 days after receiving the denial. Once the fee and form are received and processed by the Service Center, the appeal is then sent to the Administrative Appeals Unit. If you send the appeal directly to the AAU, the process will be delayed..

What things the employer must include along with employment based green card application for an unskilled worker?

The petition must be filed with a labor certification, evidence that any training or education required has been met by the applicant, and proof that the employer can pay the offered wage.

What’s an employment based green card?

These green cards are available to some specific individuals who want to permanently relocate to work in the U.S. In contrast with the H-1B visa and other non-immigrant visa recipients, the employment based green card applicants wish to stay in the U.S. for good.

Can family members of the green card holder also apply for green cards?

As soon as the applicant’s priority becomes current, the primary green card holder’s spouses and minor children can also apply in order to adjust status and obtain a green card.

Get on the Path to a Green Card Through Employment

Consult with an experienced immigration attorney and educate yourself about the different employment-based green card categories, such as EB-1, EB-2, and EB-3.

 

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