Green Card through Employment

Green Card through Employment

Permanent resident status can also be obtained through employment, if you find a company who is eligible and willing to sponsor you. Often times, individuals obtain work visas first, work for the company for a period of time, and both the employer and employee wish to make the employment relationship more permanent.  Other times, a foreign national will be recruited for a position within a U.S. company. 

There are three main categories for obtaining a green card through employment: 

• EB-1: Individuals of Extraordinary Ability, Outstanding Professors or Researchers, Multination Executives and Managers
• EB-2: Members of the Profession Holding an Advanced Degree, Individuals of Exceptional Ability
• EB-3: Skilled Workers, Professionals, and Other Workers 

The process to obtain residence through employment is very complex and has multiple stages involved – therefore, it is imperative to consult an experienced and knowledgeable immigration attorney who will walk you through the process and ensure everything is done correctly and legally.

1) Labor Certification

The first, and arguably one of the most important and challenging steps involved is the Labor Certification/PERM process. With limited exceptions, the EB-2 and EB-3 categories require that the employer obtain a Labor Certification from the Department of Labor. This step entails obtaining a “prevailing wage” and a rigorous recruitment process, in which the employer must establish that the candidate they are filing the Labor Certification for is the “best qualified” for the position.

2) Immigrant Petition

Once the Department of Labor approves the Labor Certification, the employer must then file an immigrant petition with USCIS, and show financial documents and other evidence. Similarly, the prospective employee must show evidence of their education and/or working experience that makes them qualified for the position.

In cases where no Labor Certification is required (such as those with “extraordinary ability” or EB-1), the immigrant petition is the first step of the process.

3) Adjustment of Status or Consular Processing

Once the Immigrant Petition or I-140 petition is approved, the applicant can then apply to adjust their status with USCIS to that of a permanent resident, or they must attend an interview at a U.S. consular abroad.

Adjustment of status is available to applicants who have a valid visa at the time of filing, or qualify for an exception, or “waiver.” For applicants who are outside of the United States, they would obtain their immigrant visa once an interview is scheduled at a U.S. embassy.