It is possible for foreign nationals to get Employment Based Immigration with a green card dedicated to this purpose. With this document, an applicant may legally reside and work in the United States. The Employment Based Green Card Process can be started by those living abroad or ones who have already arrived in the United States on a student visa, H1B visa, etc.
Types of EB Categories
There are different types of workers who may apply for this particular green card. You can obtain one if you belong to one of the five following classes:
EB-1 Priority Workers
As its name suggests, the EB-1 is for workers who qualify:
- For extraordinary positions in the arts, business, sciences, athletics, education
- As exceptional professors and researchers
- Are managers and executives at a multinational level
EB-2 Advanced Degrees
This class of EB Green Card is for foreign nationals who possess either a master’s — or bachelor’s degree with five years of experience in their field. It is also for individuals with extraordinary positions in the fields of arts, business, sciences, and education or are beneficial for the national interest.
EB-3 Skilled Professionals
For positions where an individual must have both skill and two years’ experience or training – or is unskilled with less experience or training –, the EB-3 class exists. Due to it, professionals with a bachelor’s are also eligible for a green card.
EB-4 Special Immigrants
This type covers the individuals working in the media, as ministers, or citizens of Afghanistan and Iraq who assisted the US government.
EB-5 Immigrant Investors
Having or about to invest $1 million or more in a new US business to give full-time jobs to 10 workers or more can get an individual an EB-5 green card. The amount is $500,000 for rural areas or places with high unemployment rates.
Eligibility Requirements for an EB Green Card
You may be denied Employment Immigration if you were involved in drug trafficking, submitted forged documents, or overstayed while on a previous visa. Your consular officer will advise you if you can submit a waiver of the ineligibility to rectify that. Moreover, just as it is mandatory to accept the job on approval of the form I-458, there may be other conditions. It will save you time if you confirm this with an attorney.
Employment Based Green Card Process
This 4-step-long sequential stepwise process can be time-consuming due to the large number of paperwork and formalities it involves. Moreover, a fixed number of these green cards are granted each year.
Ask Your Employer to Sponsor You
If they agree, they will submit an ETA-750 application to the DOL (Department of labor).
Your Employer Files a PERM Labor Certification
Before they can file an I-140, your employer will need a PERM Labor Certification. Its purpose is to show that when they recruited you, they didn’t displace any qualified US worker to do so. Keep in mind that you won’t need a PERM for EB-1 and neither for the EB-2 if you were issued a National Interest Waiver. Getting the PERM can take six months to a year and a half – it all depends on whether or not your employer gets audited or not.
Your Employer Must File an I-140 Petition
During the second step for your EB green card, your employer must file a Form I-140 on your behalf. With it, they will have to prove that their business is in a stable position financially – i.e., can pay your salary. So, they will have to send in their corporate income tax return documents and financial statement as well.
Wait for Your Priority Date
On receiving the packet, the USCIS will issue you both a Receipt Notice and file number. But that is an acknowledgment. Acceptance will come in the form of an Approval Notice. The amount of time it will take the USCIS to that is dependent on how much backlog they have. Normally, it takes them three months to do so.
File for an Adjustment of Status
This is your final step in the Employment Green Card Process, after which you will become a permanent resident. As soon as your priority date becomes current, submit an I-485 form to file for an Adjustment of Status. The service center you do that at will influence the processing time, but usually, it is between 4-8 months. On the approval of your I-485, you will get an employment-based green card from the USCIS. This will mean that you have successfully adjusted your status.
Attend Your Interview
Your attorney can help you prepare for the interview. They would know the kind of questions you should expect and will coach you to answer them best.
- Form I-485 (Adjust Status)
- Copy of I-797 (Approval/Receipt Notice for I-140 your employer filed
- Form I-485 Supplement J for confirmation of the availability of your job
- Two passport-style photographs
- Copy of identity document with photograph issued to you by the government
- Copy of birth certificate;
- Proof of lawful status within the US
- Form I-693 or the results of your medical examination and vaccination
What About the Applicant’s Family Members?
If the immediate dependents of the applicant are within the US, they can file an I-485 Application for Adjustment of Status. If not, applying from their country of origin with a DS-260 Immigrant Visa Application is also an option. The former has a processing time of about six months, and it is 6-9 months for the latter.
Contact Attorney Eric Price Today!
Wondering How to Get a Green Card Through Employment? Contact Eric Price if you don’t want to squander such an opportunity! With his immense experience – or that of the other lawyers on his legal team –, you can navigate through the process easily. At the same time, you greatly increase your chances of becoming a US permanent resident. Eric’s firm is exceptionally skilled at submitting employment-based petitions!