1. What are the employment-based green card requirements in New Mexico?

In order to qualify for an employment-based green card in New Mexico, applicants must meet certain criteria. These criteria include:

• Employers must demonstrate that the foreign national will fill a role that cannot be filled by a qualified U.S. citizen or lawful permanent resident.

• The prospective employer must have labor certification from the U.S. Department of Labor (DOL).

• The foreign national must demonstrate that he or she has the necessary educational qualifications and/or experience for the job, as well as the necessary skills and qualifications to perform the job duties.

• The foreign national must have a valid passport and valid visa, or an approved application for adjustment of status if they are currently in the U.S.

• The foreign national must pass a medical exam and background check and be of good moral character.

2. How can someone in New Mexico apply for an employment-based green card?

In order to apply for an employment-based green card in New Mexico, an individual must first have a qualifying job offer from a U.S. employer. The employer must then file a labor certificate application with the U.S. Department of Labor, demonstrating that there are no qualified U.S. workers available for the position and that hiring a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers. Once the labor certificate is approved, the employer will then file an immigrant visa petition (Form I-140) on behalf of the foreign worker with U.S. Citizenship and Immigration Services (USCIS). After USCIS approves the petition, the foreign worker can proceed to file an application to adjust status (Form I-485) with USCIS in order to obtain permanent resident status in the United States.

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

Yes, there are restrictions on workers from New Mexico obtaining employment-based green cards. The restrictions vary depending on the type of green card sought. For example, immigrant workers who are seeking an employment-based permanent residence card (also known as a “green card”) must meet certain criteria, such as having a job offer from a U.S. employer and meeting certain labor certification requirements. Additionally, some restrictions are imposed based on the type of job the worker will be performing; some jobs may not be eligible for the green card program. Additionally, there are limits on the number of green cards that can be issued each year to workers from certain countries, including Mexico.

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

It typically takes around six months to one year to receive an employment-based green card in New Mexico. The exact time frame depends on the type of green card being applied for, the individual’s circumstances, and the current processing times of the United States Citizenship and Immigration Services.

5. Is there a backlog for employment-based green cards in New Mexico?

Yes, there is a backlog for employment-based green cards in New Mexico. As of October 2020, the USCIS reports that there are approximately 8,000 people in New Mexico waiting for an employment-based green card.

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

To sponsor a foreign national for an employment-based green card in New Mexico, the employer must first file a Petition for Alien Worker (Form I-140) with U.S. Citizenship and Immigration Services (USCIS). Once the petition is approved, the foreign national must submit an Application to Register Permanent Residence or Adjust Status (Form I-485) and the associated fees to USCIS. Depending on the applicant’s home country, the foreign national may also need to obtain a visa at a U.S. embassy or consulate abroad before they can be admitted to the U.S. as a permanent resident.

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

Yes, there are additional considerations when applying for an employment-based green card in New Mexico. For example, the applicant must meet the applicable requirements for the particular visa category, including the requirements for labor certification. The applicant must also be aware of any waiting periods or other restrictions that might apply in New Mexico. Furthermore, applicants should research the current immigration laws and regulations in New Mexico to ensure that their application is compliant with those rules. Finally, applicants should understand the financial requirements associated with submitting an employment-based green card application in New Mexico.

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

Yes, it is possible to become a permanent resident through an employment-based green card in New Mexico. The United States Citizenship and Immigration Services (USCIS) offers several employment-based green card categories for immigrants seeking to obtain lawful permanent resident status in the United States. Generally, an employer must sponsor an individual, with some exceptions for certain self-petitioners.

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

To renew an employment-based green card in New Mexico, you must first file Form I-90, Application to Replace Permanent Resident Card. This form must be accompanied by a copy of your current green card. You must also provide proof of identity and proof of your current permanent resident status, such as a copy of your passport and/or birth certificate. Additionally, you will need to submit two passport-style photos and a filing fee. Once your application is approved, you will receive a new green card valid for 10 years.

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

The main benefits of having an employment-based green card in New Mexico are:

• The right to live and work in the United States permanently;
• The ability to petition for certain relatives to join you in the U.S.;
• The ability to travel abroad with an unrestricted right of re-entry into the United States;
• Eligibility to apply for U.S. citizenship after five years;
• Access to certain federal benefits, including Social Security and Medicare; and
• Access to certain state benefits, including in-state tuition at New Mexico universities.

11. Can an employee in New Mexico with an employment-based green card change jobs?

Yes, an employee in New Mexico with an employment-based green card can change jobs. Green card holders may change employers without impacting their immigration status as long as the new job is in the same occupational classification as the original job.

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

A family member of a worker with an employment-based green card in New Mexico may obtain a visa by filing a Form I-130, Petition for Alien Relative, with the U.S. Citizenship and Immigration Services (USCIS). The family member must also submit supporting documents to prove their relationship to the worker with an employment-based green card. Depending on the family member’s nationality, they may also need to submit an additional form and documents for consular processing in their home country.

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

Yes, an employee with an employment-based green card in New Mexico may be fired from their job for any reason as long as it is not based on the employee’s nationality, race, or gender.

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

Yes, an employee with an employment-based green card in New Mexico can change employers while maintaining their current visa status, as long as the new employer sponsors them for a new green card. The new employer must file an I-140 petition for Alien Worker with the USCIS.

15. How long are employment-based green cards valid for in New Mexico?

Employment-based green cards are valid for 10 years in New Mexico.

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

Yes, New Mexico employers sponsoring a foreign national for employment-based green cards must submit an Employer Attestation Form and provide a screening process that includes an employer review of criminal history and verifiable work history and references. Employers must also sign a Declaration of Compliance for Employment Eligibility Verification.

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

Yes. The most common waiting period associated with obtaining an employment-based green card in New Mexico is the Perm Labor Certification process. This process can take anywhere from 4-6 months to complete and must be filed with the United States Department of Labor prior to filing for a green card.

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

Naturalization can have a number of positive impacts on workers with an employment-based green card in New Mexico. For instance, naturalization helps to ensure that employees have the same rights and protections as U.S. citizens. Naturalization also grants individuals access to additional opportunities, such as the ability to vote, access to certain government benefits, and the ability to travel more freely. Naturalized citizens are also more likely to be able to apply for permanent or temporary residency in the U.S., obtain U.S. citizenship for family members, and gain access to better job opportunities. Finally, naturalized citizens can apply for federal jobs that are restricted to U.S. citizens only.

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

Yes, there are restrictions on the types of jobs that employees with an employment-based green card in New Mexico can accept. Specifically, the employee must be working in a job that is related to the field of their intended employment and for which they are qualified. Additionally, the job must be offered by the same employer who sponsored the green card. Employees cannot accept a job with another employer without first obtaining special permission from US Citizenship and Immigration Services (USCIS).

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

The benefits of obtaining permanent residency through an employment-based green card in New Mexico are many. For starters, the individual would have the right to live and work in the US permanently. They would not have to worry about renewing their visa or returning to their home country. They would also have access to more job opportunities, as well as the ability to eventually apply for citizenship. Additionally, permanent residents can take advantage of certain social benefits such as education assistance, low-cost healthcare, and other public benefits. Finally, they would no longer have to worry about deportation and would be able to travel freely inside the US.