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

To qualify for an employment-based green card in New Jersey, applicants must meet the following criteria:

• Have been offered a full-time, permanent job in the US. The job must be considered in accordance with relevant labor laws and must be an occupation that requires at least two years of experience or training. The job must also be one that is recognized as a specialty occupation or require a higher degree.

• Must be able to prove their educational background, work experience, and/or skill set through relevant documentation (such as copies of diplomas, transcripts, letters from employers, etc.).

• Demonstrate good moral character.

• Establish that they will not become a public charge in the US.

• Have their green card petition approved by the United States Citizenship and Immigration Services (USCIS).

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

In order to apply for an employment-based green card in New Jersey, an individual must first obtain a job offer from a U.S. employer. The employer must then file a petition with the U.S. Citizenship and Immigration Services (USCIS) on behalf of the applicant, which includes evidence that the job offer is genuine and permanent. If the petition is approved, the individual can then apply for the green card through either consular processing or adjustment of status, depending on their current immigration status.

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

Yes, there are some restrictions on workers from New Jersey obtaining employment-based green cards. Depending on the applicant’s nationality and the type of employment-based visa they are seeking, they may be subject to restrictions such as annual visa caps, labor market tests, or other eligibility criteria. These restrictions can vary from country to country and from job category to job category.

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

The processing time for an employment-based green card in New Jersey varies based on the type of visa you are applying for and the backlog of applications. Generally, it can take anywhere from 6 months to 1 year or more to receive a green card.

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

Yes, there is a backlog for employment-based green cards in New Jersey. The backlog varies depending on the category of the green card applicant. For example, as of March 2021, the wait time for an EB-2 green card (for applicants with advanced degrees or exceptional ability) is over 13.5 years.

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

In New Jersey, an employer can sponsor a foreign national for an employment-based green card in several ways. First, the employer must file a Labor Certification Application (LCA) with the U.S. Department of Labor (DOL). The LCA must demonstrate that no qualified U.S. citizen or permanent resident is available to fill the position and that hiring the foreign national will not adversely affect the wages and working conditions of other workers in the same job category. After the LCA is approved, the employer must file an immigrant visa petition (Form I-140) with the U.S. Citizenship and Immigration Services (USCIS). In most cases, the foreign national must also file an application for adjustment of status (Form I-485) with USCIS, unless they are applying for a green card through consular processing. Finally, the foreign national will receive an interview at a local USCIS Field Office before their green card is approved.

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

Yes, there are additional considerations when applying for an employment-based green card in New Jersey. First, it is important to be aware of the different processing times for different types of visa categories. Additionally, applicants should be aware of the different filing fees and procedures associated with each type of visa. Furthermore, applicants should research the availability of any additional resources or organizations that can provide assistance or guidance throughout the process. Lastly, it is important to understand how the specific immigration laws in New Jersey differ from those in other states.

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

Yes, it is possible to become a permanent resident through an employment-based green card in New Jersey. The US Department of Labor offers various programs for permanent residency through employment-based green cards in the state of New Jersey. Depending on the specific qualifications and job offer, individuals may be able to apply for either an EB-1, EB-2, or EB-3 visa. Additionally, individuals who are eligible can also apply for an EB-4 visa or a National Interest Waiver (NIW).

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

The process for renewing an employment-based green card in New Jersey will depend on the type of green card you have. Generally, all green cards must be renewed every 10 years unless they are valid for a longer period.

If you have a conditional permanent resident green card (valid for 2 years), you must file Form I-751 to remove the conditions and extend the permanent residency. You will need to provide supporting documents such as marriage certificate, joint bank statements and tax returns, etc.

If you have a permanent resident green card based on employment, you will need to file Form I-90 to renew your green card. You will need to provide proof of your identity, as well as evidence that you still meet the eligibility requirements for an employment-based green card. Documents such as a valid passport, birth certificate, and current employment information may be required.

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

The benefits of having an employment-based green card in New Jersey include:

• Permanent residence in the US

• Ability to work permanently in the US (subject to certain restrictions)

• Ability to bring certain family members to the US

• Ability to travel and re-enter the US with greater ease
• Eligibility for certain public benefits, such as Social Security, Medicare, and Supplemental Security Income (SSI)

• Eligibility to become a US citizen after 5 years of continuous residence (3 years if you are married to a US citizen)
• Eligibility for certain state benefits, such as driver’s licenses and in-state college tuition

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

Yes, an employee with an employment-based green card in New Jersey can change jobs as long as the new employer is willing to sponsor the employee’s I-485 application.

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

A family member of a worker with an employment-based green card in New Jersey would need to apply for an immigrant visa through the US Department of State. The family member must have a petition approved on their behalf by USCIS and must attend an interview at a US embassy or consulate abroad. They must also provide evidence that they meet all eligibility requirements and go through the necessary security and background checks.

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

Yes, an employee with an employment-based green card in New Jersey can be fired from their job. An employment-based green card does not guarantee employment or protection from being fired. However, employers must follow the same laws and procedures that apply to all other employees when terminating an employee with a green card.

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

Yes, an employee with an employment-based green card in New Jersey can change employers while maintaining their current visa status. The individual would need to apply for a new green card with their new employer and, once approved, they would be able to continue working in the United States.

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

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

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

Yes. New Jersey, like many other states, has its own requirements for employers sponsoring foreign nationals for employment-based green cards. These requirements include paying prevailing wages as set by the Department of Labor, providing workers with benefits like health care and vacation time, and complying with labor laws. Employers are also responsible for filing the necessary paperwork and paying all applicable filing fees.

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

Yes, there are waiting periods associated with obtaining an employment-based green card in New Jersey. The wait times vary depending on the type of green card being applied for and the nationality of the applicant. For example, the wait time for a person from India applying for an EB-2 visa with a National Interest Waiver is currently 8.5 years. The wait time for a person from Mexico applying for an EB-3 visa is currently 6 years. More information on wait times by nationality can be found at the U.S Department of State’s Visa Bulletin.

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

Naturalization in New Jersey provides many benefits for workers with an employment-based green card. Naturalized citizens are eligible to receive certain benefits that are not available to non-citizens, such as Social Security and Medicare. Additionally, naturalized citizens are granted the right to vote in federal and state elections, and they can serve on juries. Furthermore, naturalization may allow workers with an employment-based green card to become eligible for certain forms of public assistance, such as public housing and food stamps. Finally, it may open up more job opportunities since some employers prefer to hire citizens.

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

Yes, there are some restrictions on the types of jobs that employees with an employment-based green card in New Jersey can accept. An employment-based green card holder must be employed in a position related to their field of expertise and must have a job offer from a sponsoring employer. Certain types of jobs may be prohibited, such as those requiring security clearance. Additionally, green card holders must have valid work authorization documents and may not accept employment with another employer without prior authorization from the U.S. Citizenship and Immigration Services.

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

The main benefits of permanent residency through an employment-based green card in New Jersey include:
•The right to live and work in the U.S. permanently
•The ability to travel freely between the U.S. and other countries
•The ability to apply for certain U.S. government-sponsored benefits
•The ability to bring certain family members to the U.S.
•The freedom to apply for U.S. citizenship after five years of residency
•Legal protection from deportation
•Opportunity to sponsor certain family members for green cards
•Voting rights in local and state elections
•Access to educational assistance and programs