1. What are the employment-based green card requirements in Puerto Rico?

In order to obtain an employment-based green card in Puerto Rico, an individual must have a job offer from an employer in the United States and must meet certain criteria. Generally, an applicant must meet the following criteria:

1. Possess a valid job offer from a U.S. Employer

2. Qualify for an employment-based immigration visa category (EB-1, EB-2, EB-3, EB-4, or EB-5)

3. Have the necessary experience for the job they are applying for

4. Have necessary qualifications to work in the United States

5. Meet the requirements of the employment-based green card category they are applying under

6. Be able to prove that they have enough money to support themselves in the United States

7. Must pass a medical examination and background check

8. Must be able to demonstrate they are of good moral character

9. Must demonstrate their physical presence in Puerto Rico

10. Pay all associated fees

2. How can someone in Puerto Rico apply for an employment-based green card?

Puerto Rico is considered part of the United States for immigration purposes. An individual residing in Puerto Rico can apply for an employment-based green card in the same way as an individual residing in any other U.S. state. The individual would need to have a qualifying job offer from a U.S. employer and the employer should file a petition with the U.S. Citizenship and Immigration Services (USCIS) on behalf of the individual, along with supporting documentation. Once approved, the individual would need to file the required paperwork with the USCIS to apply for an employment-based green card.

3. Are there any restrictions on workers from Puerto Rico obtaining employment-based green cards?

Yes, there are restrictions on workers from Puerto Rico obtaining employment-based green cards. The Immigration and Nationality Act (INA) limits the number of immigrant visas available each year to residents of any single foreign country, and Puerto Ricans are treated as foreign nationals for this purpose. That means that the number of visas available to people born in Puerto Rico is limited, and they may face wait times that are longer than those from other countries. Additionally, immigration law requires employers to recruit US workers before they can hire foreign national workers, including those from Puerto Rico.

4. How long does it usually take to receive an employment-based green card in Puerto Rico?

The processing times for employment-based green cards in Puerto Rico vary by the individual case. Generally, the processing time is between eight and twelve months.

5. Is there a backlog for employment-based green cards in Puerto Rico?

Yes, there is a backlog for employment-based green cards in Puerto Rico. The U.S. Department of State’s Visa Bulletin indicated that as of June 2020, there is a backlog for Mexican and Filipino nationals seeking employment-based green cards in Puerto Rico.

6. How does an employer in Puerto Rico sponsor a foreign national for an employment-based green card?

An employer in Puerto Rico must submit a labor certification application, Form ETA 750, to the Puerto Rico Department of Labor and Human Resources. The labor certification must demonstrate that there are no qualified US workers for the job position available. Once the labor certification is approved, the employer must file an immigrant petition, Form I-140, with U.S. Citizenship and Immigration Services (USCIS). The foreign national must then file an adjustment of status application, Form I-485, with USCIS to become a permanent resident.

7. Are there any additional considerations when applying for an employment-based green card in Puerto Rico?

Yes, when applying for an employment-based green card in Puerto Rico, it is important to consider the following:

1. The applicant must have a valid job offer from an employer in Puerto Rico.
2. The applicant must have the necessary qualifications to perform the job.
3. The applicant must be able to show strong ties to Puerto Rico and demonstrate an intent to remain there after receiving their green card.
4. Depending on the type of job offer, other criteria may apply. For example, if it is an H-1B visa, the applicant must prove that the position requires a minimum of two years of specialized knowledge or experience.
5. Applicants are also subject to all rules and regulations imposed by U.S. Citizenship and Immigration Services (USCIS).

8. Is it possible to become a permanent resident through an employment-based green card in Puerto Rico?

Yes, it is possible to become a permanent resident through an employment-based green card in Puerto Rico. The process is the same as it would be for any other US state or territory, and requires the employer to file a labor certification, an immigrant petition, and a form I-140. Once granted, the individual can apply for a green card and become a permanent resident of Puerto Rico.

9. What is the process for renewing an employment-based green card in Puerto Rico?

In Puerto Rico, the process for renewing an employment-based green card is the same as in most other parts of the United States. The applicant must first file Form I-90 with U.S. Citizenship and Immigration Services (USCIS), along with the appropriate fee and any supporting documents. Once the form is approved, the applicant will receive their renewed green card in the mail.

10. What are the benefits of having an employment-based green card in Puerto Rico?

The primary benefit of having an employment-based green card in Puerto Rico is that it allows the holder to work and live permanently in the United States. This includes having access to the same rights and privileges as a US citizen, including access to public benefits such as Social Security, Medicare, and Medicaid. Additionally, green card holders can apply for US citizenship after five years of lawful permanent residence.

11. Can an employee in Puerto Rico with an employment-based green card change jobs?

Yes, an employee in Puerto Rico with an employment-based green card can change jobs. The employee will need to file a new petition with the United States Citizenship and Immigration Services (USCIS) which must be approved before they can start their new job.

12. How does a family member of a worker with an employment-based green card in Puerto Rico obtain a visa?

Family members of a worker with an employment-based green card in Puerto Rico must apply for a visa through the U.S. Embassy or Consulate in the country where they live. They will need to provide their I-94, a valid passport, and other required documents. Additionally, they must pay the applicable visa fee.

13. Can an employee with an employment-based green card in Puerto Rico be fired from their job?

Yes, an employee with an employment-based green card in Puerto Rico can be fired from their job. Like all employees, those with green cards are subject to the same federal and state laws concerning termination and other employment matters.

14. Can an employee with an employment-based green card in Puerto Rico change employers while maintaining their current visa status?

Yes, an employee with an employment-based green card in Puerto Rico can change employers while maintaining their current visa status, provided that they apply for and receive an I-140 approval from the new employer prior to changing employers.

15. How long are employment-based green cards valid for in Puerto Rico?

Employment-based green cards are valid for 10 years in Puerto Rico.

16. Does Puerto Rico have any special requirements for employers sponsoring foreign nationals for employment-based green cards?

Yes, employers that are sponsoring foreign nationals for employment-based green cards in Puerto Rico must comply with special requirements set by the Puerto Rican government. These requirements include: registering as an employer in the Puerto Rican government’s Central Registry; obtaining a special license from the Puerto Rican Department of Labor; and registering for social security coverage in Puerto Rico.

17. Are there any waiting periods associated with obtaining an employment-based green card in Puerto Rico?

Yes, there are waiting periods associated with obtaining an employment-based green card in Puerto Rico. Depending on the particular category that the individual is applying for, the wait may vary, from immediate availability to several years. Due to a backlog of applicants, processing times can also vary.

18. What is the impact of naturalization on workers with an employment-based green card in Puerto Rico?

The impact of naturalization on workers with an employment-based green card in Puerto Rico is that they will gain access to the full range of benefits and rights that are afforded to US citizens. This includes the right to vote in federal elections, unrestricted access to federal jobs, access to federal benefits and social programs such as Social Security, Medicare, and Medicaid, and the ability to travel freely within the US and abroad without a visa. Naturalization will also provide greater job security for green card holders in Puerto Rico as US laws protect citizens from discrimination in the workplace.

19. Are there any restrictions on the types of jobs that employees with an employment-based green card in Puerto Rico can accept?

Employees with an employment-based green card in Puerto Rico are still subject to U.S. federal immigration laws and must have authorization from the U.S. Department of Homeland Security to accept any job offers in Puerto Rico or other U.S. territories. In addition, Puerto Rican labor laws may also apply in certain cases, depending on the type of job offered and the employee’s work location.

20. What are the benefits of permanent residency through an employment-based green card in Puerto Rico?

The benefits of obtaining permanent residency through an employment-based green card in Puerto Rico include:

• The right to live and work permanently in the United States.
• Authorization to travel to and from the U.S. without having to obtain a visa.
• The ability to travel freely within all 50 states in the U.S.
• Access to state and federal government benefits (such as Social Security, Medicare, Medicaid, food stamps, etc.).
• Eligibility for federal student financial aid.
• The right to sponsor family members for permanent residency in the U.S.
• The right to apply for citizenship after five years of permanent residency.