Green Card Based On Employment
Green Card Based On Employment Lawyer Austin TX
Employment based immigration
Every fiscal year approximately 140,000 immigrant visas are made available to qualified alien applicants (and their spouses and children) who seek to immigrate to U.S. based on their job skills. Ten thousand of these visas are reserved for immigrant investors, who fall in the EB-5 category. The remaining visas are divided among four categories of employment preferences with the number of visas available in each category being limited both by annual limits and per country limits.
Generally, a U.S. employer is needed as a sponsor for permanent residency. However, an employer is not needed as a sponsor if one qualifies for a national interest waiver or under the EB-1 category (individuals of extraordinary ability in the sciences, arts, education, business or athletics).
Who is eligible for a Employment Based Green Card ?
The five preference categories of employment based immigrant visas:
- 1st preference EB-1 visas for persons of extraordinary ability, outstanding professors and researchers and executives and managers of multinational employers. No PERM labor certification approval required. They need to file only I-140 and I-485.
- 2nd preference EB-2 visas for persons of exceptional ability and persons whose jobs require an advanced university degree or its equivalent. PERM labor certification required.
- 3rd preference EB-3 visas for professionals, skilled workers and unskilled workers. Skilled workers must be capable of performing skilled labor that requires at least two years of training or experience. Other workers include workers that perform unskilled labor but are not temporary or seasonal workers. PERM labor certification required.
- 4th preference EB-4 visas for religious workers and other special immigrants.
- EB-5 visas for investors. No labor certification or I-140 petitions. Instead file I-526. Must invest $1 million in cities or $500k in areas of targeted employment and employ 10 full time U.S. workers.
Employment Based Green Card:
To qualify for an Employment Based Green Card, a foreign national must have an offer of full time, permanent, U.S. based employment from an U.S. employer; the correct back ground (education and work experience) for the job offered and there must be no qualified U.S worker willing and able to take the job other than in categories where labor certification is not required.
There are generally 3 steps an employer must take to sponsor an employee for permanent residency:
- Pre-PERM Recruitment: Recruit for the position the employer seeks to hire the foreign national for. The employer must obtain a prevailing wage determination from a state workforce agency (SWA) and conduct recruitment according to strict technical guidelines issued by the U.S. Department of Labor.
- PERM Labor Certification: File ETA Form 9089, Application for Permanent Labor Certification, through the Department of Labor Program Electronic Review Management (PERM) system. The DOL Labor Certification verifies whether there are insufficient available, qualified, and willing U.S. workers to fill the position being offered at the prevailing wage; whether hiring a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers. The determination of labor availability in the U.S. is made at the time of a visa application and at the location where the applicant wishes to work. (EB-1 and EB-2 (National Interest Waiver) may self-sponsor and do not require PERM labor certification. It also not applicable for EB-5).
- File Form I-140, Petition for Alien Worker, with the USCIS: On approval of the PERM application, the sponsoring employer must file an immigrant petition for the alien worker with the USCIS. At the time of filing, the employer must establish that it is capable of paying the stated wage.
Adjustment of status (I-485) to permanent residency
Upon the filing or approval of the Form I-140 by the USCIS, the foreign national, if already in the United States, may be able to file an adjustment of status application to obtain permanent residency provided his or her priority date is current. When the employee Form I-485 is approved, the employee will be issued a permanent resident card, commonly referred to as a green card. In the alternative, upon approval of the I-140, the foreign national may apply for an immigrant visa at a U.S. Consulate abroad and gain lawful permanent resident status upon admission to the U.S. with an immigrant visa, provided his or her priority date is current.
Are family members eligible?
The dependents of the preference immigrant are entitled to the same order of consideration if accompanying or following to join the principal employee.
Are family members eligible for employment?
Once the Adjustment of status of the principal and dependents is filed, the dependents may wish to apply for temporary employment and travel authorization.
How Ghoshal Law can help you pursue a positive outcome
Getting an Employment Based Green Card is complex, takes multiple steps, involves a great deal of paperwork and careful document preparation that is confined by various rules and regulations of immigration law. It is important to ensure all applications are filled out correctly and comply with all requirements. Failure to do so can result in denial or delay.
Ghoshal Law PLLC can guide you through this complicated process by assessing your case to determine whether you meet all the eligibility criteria and ensuring your application is properly completed, moves through the system efficiently and is not delayed due to application errors.
Contact Ghoshal Law today for a consultation with Attorney Ghoshal.