1. What qualifications are required for eligibility for employment-based green cards?
In order to be eligible for employment-based green cards, applicants must meet certain qualifications and criteria. These include having a valid job offer from a U.S. employer, a valid labor certification from the U.S. Department of Labor, and being able to demonstrate that the applicant is “admissible” to the United States. The applicant must also be able to demonstrate that they are qualified for the position they have been offered and have the necessary educational qualifications and work experience. In addition, certain categories of applicants may require additional criteria such as minimum investment requirements or specialty occupations.
2. How does an employer sponsor a foreign worker for an employment-based green card?
An employer can sponsor a foreign worker for an employment-based green card by filing a Form I-140, Immigrant Petition for Alien Worker, with the U.S. Citizenship and Immigration Services (USCIS). The petition must be accompanied by evidence that the employer has the ability to pay the foreign worker’s wages and other required documents. If approved, the foreign worker can apply for an Employment Authorization Document (EAD) to work in the United States until their green card is issued.
3. Is there an annual limit on the number of employment-based green cards issued?
Yes, there is an annual limit of 140,000 employment-based green cards issued per year. This limit is set by Congress. The majority of these green cards are reserved for applicants who are already in the United States.
4. What is the difference between an immigrant and a nonimmigrant visa?
An immigrant visa is required for individuals who intend to permanently reside in the United States. Nonimmigrant visas are for individuals who are coming temporarily to the United States for a specific purpose, such as tourism, study, or work.
5. Is there a priority system for issuing employment-based green cards?
Yes, there is a priority system for issuing employment-based green cards. The priority system is based on a numerical preference system that assigns higher preference to higher-skilled workers. The preference system consists of five categories (1st Preference, 2nd Preference, 3rd Preference, 4th Preference, and 5th Preference). The 1st Preference are for persons with extraordinary ability, outstanding professors and researchers, and certain executives and managers. The 2nd Preference are for professionals holding advanced degrees or persons of exceptional ability. The 3rd Preference are for skilled workers, professionals, and other workers. The 4th Preference are for certain special immigrants. The 5th Preference are for investors who invest $1 million or more in U.S. businesses that create at least 10 full-time jobs
6. Is it possible to change employers when holding an employment-based green card?
Yes, it is possible to change employers when holding an employment-based green card. Depending on the type of green card, the foreign national may need to apply for a new or amended green card with the new employer. Generally, if the foreign national has already been granted a green card based on an offer of permanent employment in the U.S., they can generally find another employer who is willing to sponsor them for a green card. However, there may be restrictions on the types of jobs they can take and how quickly they can obtain a new green card.
7. What steps are required to obtain an employment-based green card?
1. Obtain a job offer from a US employer.
2. Have the employer file a Form I-140, Immigrant Petition for Alien Worker, with US Citizenship and Immigration Services (USCIS).
3. If available, have the employer submit an Application for Permanent Labor Certification (PERM) with the Department of Labor.
4. If the applicant is already in the US with work authorization, the applicant may apply for a green card by submitting Form I-485, Application to Register Permanent Residence or Adjust Status with USCIS if:
i. their priority date is current; or
ii. they have an approved I-140 and are eligible to adjust status under AC21 or other exceptions.
5. If the applicant is outside of the US, he/she should wait until the visa number becomes available and then proceed with consular processing to obtain an immigrant visa at a US embassy or consulate abroad.
8. What is the difference between a permanent resident card and a green card?
A permanent resident card (also known as a green card) is issued by the US government to foreign nationals who have been granted the right to live and work in the United States permanently. A green card is a form of identification that proves a person’s lawful permanent residency status in the US. The permanent resident card also serves as proof that the person has been legally admitted to the US and is allowed to live and work in the country.
9. How long does it take to obtain an employment-based green card?
The time it takes to obtain an employment-based green card varies based on the applicant’s country of birth and the specific employment-based preference category they are applying under. Generally, it can take anywhere from 6 to 24 months, depending on the circumstances.
10. Are there any limitations on where an employment-based green card holder may work?
Yes. An employment-based green card holder is generally limited to working for the employer or organization that sponsored their green card application. Additionally, if the green card holder has an H-1B visa, they may need to obtain permission from U.S. Citizenship and Immigration Services to work for another employer.
11. What are the requirements for maintaining legal status as an employment-based green card holder?
In order to maintain legal status as an employment-based green card holder, you must:
1. Maintain a valid green card.
2. Not abandon your Permanent Resident status by remaining outside the United States for more than one year without obtaining a re-entry permit or returning resident visa.
3. File for an extension of stay if you plan to remain in the U.S. longer than the time indicated on your Form I-94, Arrival-Departure Record.
4. Notify U.S. Citizenship and Immigration Services (USCIS) if you change your address within 10 days of moving.
5. Pay income taxes and file tax returns each year as required by law.
6. Refrain from committing any act that would make you removable from the United States under immigration law (e.g., being convicted of a crime).
12. Are there any restrictions on the type of work that can be done under an employment-based green card?
Yes, certain restrictions apply to green card holders. For example, the employment-based green card can only be used for specific jobs, such as those related to the person’s field of study or for special categories of employment. Additionally, green card holders are required to work for the employer who originally sponsored them for the green card. Furthermore, green card holders must comply with all laws and regulations in the U.S., such as paying taxes and abiding by immigration laws.
13. Does the applicant’s country of origin affect their eligibility for an employment-based green card?
Yes, the applicant’s country of origin does affect their eligibility for an employment-based green card. Each year, the US government sets a limit on how many green cards are available for applicants from certain countries. Applicants from countries that have exceeded their annual limit may experience delays in the application process. Additionally, certain countries may have more limited access to certain types of employment-based green cards.
14. Are there any restrictions on who can sponsor a foreign worker for an employment-based green card?
Yes, there are restrictions on who can sponsor a foreign worker for an employment-based green card. Generally, only employers can sponsor foreign workers for green cards. Self-sponsorship is not allowed for employment-based green cards. In some cases, family members may be able to sponsor a foreign worker, but this is rare and depends on the specific facts of the case.
15. How does the United States Citizenship and Immigration Services decide which applicants are approved for an employment-based green card?
The United States Citizenship and Immigration Services (USCIS) reviews applications for employment-based green cards based on a number of factors, including:
1. The applicant’s qualifications and experience;
2. The employer’s need for the applicant’s skills;
3. The availability of similar workers in the United States;
4. The wages and working conditions offered by the employer; and
5. The employer’s ability to pay the wages offered.
USCIS also reviews the potential impact of granting the green card on the U.S. economy, including whether it would benefit U.S. workers or adversely affect their wages or working conditions.
16. Is it possible to expedite the processing of an employment-based green card application?
Yes, it is possible to expedite the processing of an employment-based green card application. An employer can request “premium processing” when filing the petition for the employee; this can significantly reduce the wait time for a decision on the application. It is also possible to request an expedited appointment at a U.S. Citizenship and Immigration Services (USCIS) office, or to make a request for special circumstances such as serious medical conditions, financial hardships, or humanitarian reasons. It is important to note that not all requests for expedited processing are granted.
17. Will the foreign worker need to undergo a medical examination in order to be issued an employment-based green card?
Yes, the foreign worker will need to undergo a medical examination. The medical examination must be conducted by a civil surgeon who is approved by the U.S. Citizenship and Immigration Services (USCIS). The medical exam must include a physical examination, a review of immunization records, chest X-ray, and laboratory tests for certain infectious diseases.
18. Is there a fee associated with applying for an employment-based green card?
Yes, there are fees associated with applying for an employment-based green card. Those fees include the Form I-485 Application to Register Permanent Residence or Adjust Status fee, the Form I-140 Immigrant Petition for Alien Worker fee, the biometric services fee, and any applicable attorney fees.
19. What happens if the foreign worker’s application for an employment-based green card is denied?
If the foreign worker’s application for an employment-based green card is denied, they may appeal the decision or apply for another type of visa. Depending on the circumstances, they may also have the option of returning to their home country and reapplying for a visa once their situation has changed.
20. Are there any special programs or exemptions that may apply to obtaining an employment-based green card?
Yes, there are several special programs or exemptions that may apply to obtaining an employment-based green card, including: Diversity Visa Lottery (DV Lottery), PERM Labor Certification, Special Immigrant Status, Religious Worker Visa, NAFTA Professional Visa, and H-1B Visa.