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Employment-Based Green Cards

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Affordable Employment-Based Green Card Lawyer: Your Path to U.S. Residency

The USCIS offers multiple gateways for immigrants to become permanent citizens of the USA. One of the ways foreign immigrants can obtain the Green Card is by investing in businesses within the US and contributing financially to the American economy.

Another route to permanent residency is through family connections such as immediate relatives who are US citizens or if they have entered into marriage with a US citizen. This family-based approach prioritizes keeping families together and can simplify the transition to permanent residence status.

Additionally, individuals with job offers can pursue an employer-sponsored Green Card. In this scenario, a US employer agrees to sponsor the foreign national for a Green Card, which often requires demonstrating that a US worker cannot fill the position. The employer is the petitioner who files the immigrant petition with the USCIS, and the employee is the beneficiary.

Self-sponsorship is an option where employees can sponsor for themselves as long as they fulfill the specific requirements set by the USCIS. Whether you are a petitioning employer, beneficiary employee, or self-sponsored employee, immigration experts at the Law Offices of Mary Kennedy can help you with immigration consultation services.

Employment-Based Green Cards: Eligibility Criteria

An employer-sponsored Green Card is possible when you work for a US employer willing to support your petition. Another way to obtain it is by self-sponsoring your petition, which comes with certain limitations. Both approaches have specific eligibility requirements.

Employer Requirements For Employer-Sponsored Green Cards

  • The employer and job position must be located within the USA.
  • The job offer should be a permanent, full-time position, entailing at least 35 hours per week.
  • The designation should be authentic and not established solely to obtain immigration advantages.
  • The employer must validate that the employee is working full-time, receiving fair wages, and is not subjected to discrimination.
  • Employers must make a genuine effort to recruit US workers before considering other candidates for the job.
  • Employers must pay the employee the prevailing wages for the job. The pay should not exceed industry standards.

Employee Requirements For Employer-Sponsored EA Visas

  • The employee must meet the educational and experience requirements specified for EB-2 or EB-3.
  • The employee must have a clean reputation free of criminal convictions and other disqualifying factors.
  • The employee must demonstrate genuine intent to work for the employer.

Employment-Based Categories Allowing Self-Sponsorship

Self-sponsorship is restricted to specific categories, including EB-1A, EB-2 (National Interest Waiver), and EB-5.

EB-1A: Extraordinary Ability

The EB-1A allows employees to apply on their own behalf without requiring an employer’s job offer or sponsorship.

Eligibility: All foreign individuals with exceptional abilities in athletics, science, business, education, or arts.

Proof: Consistent national or international recognition and acclaim.

EB-2: National Interest Waiver (NIW)

Employees can apply on their behalf if they fulfill the NIW criteria.

Eligibility: Employees whose work favors the United States and is in the interest of the country.

Proof: Demonstrating the significant intrinsic value and national relevance of your work.

EB-5: Immigrant Investor Program

Though it doesn’t conventionally fit the definition of self-sponsorship, the EB-5 program enables investors to establish their businesses and indirectly support their Green Card applications through their investment.

Eligibility: Foreign investors investing significant capital in a new business venture that generates employment opportunities for US workers.

Criteria: Invest $1.8 million in a new commercial business or $900,000 in a designated employment area and employ eligible US workers in at least 10 full-time positions.

Leverage Your US Employment to Unlock Permanent Residency

Talk to our best employment-based green card lawyer to understand how you can leverage your job in the US to attain your Green Card. Get in touch with our team.
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Employment-Based Green Cards: Required Documents

The EB visa requires a specific set of documents you must submit to the USCIS after checking for authenticity and accuracy. The documents include:

  • Beneficiary’s resume or curriculum vitae
  • Beneficiary’s birth and marriage certificates
  • Beneficiary’s work experience letters
  • Beneficiary’s degree and diploma certificates and transcripts (Copies only)
  • Beneficiary’s biographic page from their passport (Copy)
  • Published newspaper ads (Copies)
  • Job description for US position
  • US employer’s tax returns

Note:
All employment-based Green Card categories allowing self-sponsorship, such as EB-1A (Extraordinary Ability), EB-5 ( Immigrant Investor Program), and EB-2 (National Interest Waiver) have specific eligibility criteria and documentation.

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Arun Kumar Reddy

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Employment-Based Green Cards: The Benefits

Obtaining permanent residency through employment is a dream come true for thousands of foreign immigrants working in the US. This Green Card opens the doors to:

A stable path to Permanent Residency in the US

Green Card eligibility for your spouse and unmarried children under 21

Ten-year Green card with no conditional status

Investment-free petitioning

Eligibility for US citizenship after 5 years

More control over your immigration process due to self-sponsoring

Freedom from employer-dependency to initiate your petition

More autonomy to make decisions aligning with your personal and professional goals.

Also, the Employment-based Green Card has lower approval standards than EB-1A and NIW.

Permanent Residency Through Employment: Additional Information

What is the process for obtaining an employer-sponsored green card?

Obtaining an employer-sponsored Green Card is a three-step process:

Step 1: The employer must demonstrate that no qualified US workers are available for the job and get approval from the Department of Labor.

Step 2: The employer should file an Immigrant Petition or Form I-140 with the USCIS.

Step 3: The employee should file for Adjustment of Status in the US or Consular Processing (Form DS-260) abroad for their Green Card.

What is PERM Labor Certification?

The first step to obtaining your employment-based Green Card is PERM Labor Certification or Permanent Labor Certification. It is issued by the US Department of Labor to establish that no qualified US workers are available for the job position offered to a foreign employee.

To prove this, the employer must conduct a recruitment process and demonstrate their willingness to pay the prevailing wages. This process aims to ensure that hiring a foreign worker will not impact the job opportunities of US workers.

What is the application process for a Self-Sponsored Employment-Based Green Card?

  • The application begins with gathering the required documents based on your chosen category, such as proof of extraordinary ability for the EB-1A or evidence of investment for the EB-5.
  • You then submit Form I-140 (for EB-1A or EB-2 NIW) or Form I-526 (for EB-5) to USCIS, along with the applicable filing fees.
  • After submission, USCIS reviews your petition and may request additional evidence if needed.
  • Once approved, the next step is to file for Adjustment of Status (Form I-485 if you are in the U.S.) or Consular Processing (Form DS-260 if you are abroad).
  • If required, you must attend a biometrics appointment and an interview. Upon final approval, you will be granted permanent resident status.