Getting a green card is the most popular way for skilled workers and professionals to get permanent residency in the United States. A green card allows people from other countries to live in the US for as long as they want. Therefore, it is a path to grow professionally and get more opportunities. However, the process of getting a green card is not very straightforward.
There are several ways to get a green card, divided into categories, which are called EB-1, EB-2, EB-3, EB-4, and EB-5. Each category is designed for different types of workers, like people with special talents, professionals with advanced degrees, skilled workers, and even investors. Each category also has different requirements.
If you want to obtain a green card through employment, your work does not end as soon as you find an employer who wants to hire you. You also have to deal with US immigration laws and policies. Because the laws are so complicated and making a mistake is easy, it is usually recommended to work with a California immigration attorney.
Types of employment-based green cards
EB-1: Priority workers
Priority workers include individuals with extraordinary abilities in sciences, arts, education, or business; outstanding professors or researchers recognized internationally; and multinational executives or managers. Applicants must show their achievements and any national or international acclaim.
EB-2: Professionals with advanced degrees or exceptional ability
This category is for professionals who hold advanced degrees such as master’s or higher or have exceptional ability in their field. Applicants with an advanced degree must provide proof of their qualifications.
EB-3: Skilled workers, professionals, and unskilled workers
This category includes skilled workers with at least two years of experience, professionals with bachelor’s degrees, and unskilled workers needing less than two years of training. Each subcategory has specific labor certification requirements.
EB-4: Special immigrants
The EB-4 covers various special immigrant categories, including religious workers, translators, and international broadcasters. To qualify for this, you will need to show your work experience and any major contributions made to the field.
EB-5: Immigrant investors
The EB-5 category is for immigrant investors who make large capital investments in US businesses. If you want to qualify for permanent residency, you will need to create at least ten full-time jobs for US workers.
How to get an employment-based green card?
1.Labor certification (PERM).
The labor certification or PERM process is important for getting an employment-based green card. It ensures that foreign workers do not take away jobs from American workers. Employers must show that there are no qualified US workers available for the job right now.
Employers must try hiring US workers for the job first. This is done by placing job advertisements to attract potential US applicants. Employers should ask the Department of Labor (DOL) to determine the salary of the foreign worker to ensure a fair pay.
After this, the employer will need to submit the PERM application, which is Form ETA-9089, to the DOL for certification.
2.Filing the I-140 petition.
After getting the certification from DOL, the employer submits a form called I-140, also known as immigrant petition for alien workers, to the government. This form requests the government’s approval to issue a green card to the foreign worker. This form shows that there are jobs available for the workers and they meet the necessary qualifications.
It is important to file the I-140 form timely, typically within six months of the PERM approval. The date you file the form will determine how long you will have to wait for your green card.
3.Adjustment of status (AOS) vs. consular processing.
Adjustment of Status allows individuals already in the US to change their status to permanent residents without leaving the country. However, if you are outside the US, you will need to apply for an immigrant visa at a US embassy or consulate.