1. What are the employment-based green card requirements in Washington D.C.?

To qualify for an employment-based green card in Washington D.C., you must meet the following requirements:

1. You must have an approved Form I-140, Immigrant Petition for Alien Worker, from USCIS.

2. You must have a valid job offer in Washington D.C. from an employer who has filed the petition on your behalf.

3. You must have a labor certification approved by the Department of Labor (DOL).

4. You must demonstrate that you are eligible for the specific job and the wages offered to you are commensurate with other employees working in similar occupations in the area of intended employment.

5. You must meet all education and experience requirements for the job, as listed on your labor certification.

6. You must pass a medical examination to prove that you are in good health.

7. You must be able to demonstrate that you have not been involved in any criminal activity in the U.S. or abroad that could make you inadmissible to the U.S., and that you do not pose any risks to public safety or national security.

8. You must be admissible to the United States under all applicable laws and regulations, including immigration laws.

2. How can someone in Washington D.C. apply for an employment-based green card?

In order to apply for an employment-based green card in Washington D.C., the applicant must first file an I-140 or I-129 petition with U.S. Citizenship and Immigration Services. After the petition is approved, the applicant must complete an adjustment of status form (I-485) or attend a visa interview at a U.S. Embassy or Consulate abroad. The applicant should also provide the necessary supporting documentation, such as documents verifying work experience and educational qualifications, financial documents, and an Application for Employment Authorization (I-765).

3. Are there any restrictions on workers from Washington D.C. obtaining employment-based green cards?

Yes, there are some restrictions on workers from Washington D.C. obtaining employment-based green cards. The most common restriction is the annual employment-based green card cap, which limits the number of green cards issued to foreign nationals each year. Additionally, certain categories of foreign workers, including those from Washington D.C., are subject to additional criteria in order to be eligible for an employment-based green card. These criteria include proving that the foreign worker will not adversely affect the wages and working conditions of similarly situated U.S. workers.

4. How long does it usually take to receive an employment-based green card in Washington D.C.?

The processing time for an employment-based green card in Washington D.C. will depend on the category of green card you are applying for and the country of chargeability. In general, the processing time can range from several months to several years depending on these factors.

5. Is there a backlog for employment-based green cards in Washington D.C.?

Yes, there is a backlog for employment-based green cards in Washington D.C. As of April 2021, there is an overall backlog of over 7 years for employment-based green cards in the Washington D.C. area. This includes both backlogs for individuals from India and China, as well as other countries.

6. How does an employer in Washington D.C. sponsor a foreign national for an employment-based green card?

An employer in Washington D.C. can sponsor a foreign national for an employment-based green card by filing Form I-140, Immigrant Petition for Alien Worker, with the U.S. Citizenship and Immigration Services (USCIS). The employer must demonstrate that the foreign worker has the required qualifications for the position and that there are no qualified U.S. workers available to fill the position. The employer will also need to submit evidence of their ability to pay the foreign worker’s salary and provide any other evidence requested by USCIS. If approved, the foreign worker can then apply for a green card through adjustment of status or consular processing, depending on their current immigration status.

7. Are there any additional considerations when applying for an employment-based green card in Washington D.C.?

Yes, certain additional considerations should be taken into account when applying for an employment-based green card in Washington D.C. These considerations include the following:

• The employer must be based in Washington D.C. or have an office in the District and must be willing to sponsor the foreign national for a green card.

• The employer must demonstrate that the applicant meets all the requirements for the specific employment-based green card category for which they are applying.

• The employer and applicant must adhere to all applicable federal, state, and local laws pertaining to immigration and labor standards in Washington D.C.

• In addition to the required government forms, the applicant must provide additional evidence of their qualifications for the employment-based green card category they are applying for such as documentation of their work experience or educational background.

• Depending on the type of employment-based green card being applied for, there may be additional requirements such as wage levels, labor certifications, or employer attestations.

• Once the application is approved, the applicant must apply for permanent residence in Washington D.C. through Form I-485 and/or file an adjustment of status application with U.S. Citizenship and Immigration Services (USCIS).

8. Is it possible to become a permanent resident through an employment-based green card in Washington D.C.?

Yes, it is possible to become a permanent resident through an employment-based green card in Washington D.C. Immigrants may be eligible for an employment-based green card if they are sponsored by their employer or possess certain skills or qualifications. The process can take several months to complete and may involve filing an I-140 form as well as attending an interview.

9. What is the process for renewing an employment-based green card in Washington D.C.?

The process for renewing an employment-based green card in Washington D.C. is as follows:

1. File Form I-90, Application to Replace Permanent Resident Card, with the U.S. Citizenship and Immigration Services (USCIS).

2. Submit the required fees along with your application.

3. Gather the necessary supporting documents, such as documents proving your identity, documents from your employer, and evidence of your legal status in the U.S.

4. Have your fingerprints taken at a qualified USCIS office or an approved Application Support Center (ASC).

5. Attend an interview at the USCIS office, if requested.

6. Receive notification of the USCIS’s decision on your application.

10. What are the benefits of having an employment-based green card in Washington D.C.?

The primary benefit of having an employment-based green card in Washington D.C. is permanent residence status and the ability to live and work in the United States. With a green card, you can obtain a driver’s license, open a bank account, apply for social security benefits, travel in and out of the U.S., and become eligible for federal financing programs such as student loans and mortgages. Additionally, you can apply for U.S. citizenship after five years.

11. Can an employee in Washington D.C. with an employment-based green card change jobs?

Yes, an employee in Washington D.C. with an employment-based green card can change jobs. This is known as “portability” and is allowed under the Immigration and Nationality Act (INA). However, the employee must meet certain criteria, including having a valid, unexpired green card and having been lawfully employed for at least 180 days prior to the job change. The new job must also be in the same or a similar occupation as the old job.

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

A family member of a worker with an employment-based green card in Washington D.C. would need to apply for a visa at the U.S. Embassy or Consulate in their home country. The visa application process includes completing all necessary forms, submitting documentation, paying fees, and attending an interview. The family member would need to apply for either a dependent visa, if they are a spouse or unmarried child of the primary applicant, or an employment-based visa, if they are planning to work in the U.S.

13. Can an employee with an employment-based green card in Washington D.C. be fired from their job?

Yes, an employee with an employment-based green card in Washington D.C. can be fired from their job, just like any other employee. However, there are specific rules and regulations that employers must follow when terminating the employment of a foreign national. In some cases, employers are required to provide advance notice of termination, or complete certain administrative tasks before firing the employee. It is important for employers to be familiar with these requirements to ensure they are in compliance with the law.

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

Yes, an employee with an employment-based green card in Washington D.C. can change employers while maintaining their current visa status, as long as they maintain continuous U.S. residency and the new employer files a new I-140 Petition for them.

15. How long are employment-based green cards valid for in Washington D.C.?

Employment-based green cards in Washington D.C. are generally valid for 10 years, with the option to renew if the holder is still eligible.

16. Does Washington D.C. have any special requirements for employers sponsoring foreign nationals for employment-based green cards?

Yes, employers sponsoring foreign nationals for employment-based green cards in Washington D.C. must meet the Washington D.C. Employment Attestation Law. The law requires employers to attest to the Mayor of the District of Columbia that they are not discriminating against any person because of race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, family responsibilities, genetic information, disability, matriculation, political affiliation, or source of income. Additionally, employers must also attest to the Mayor that they have posted a notice informing employees of their rights under the Human Rights Act of 1977 and that they are in compliance with the District’s Wage Payment and Collection Law.

17. Are there any waiting periods associated with obtaining an employment-based green card in Washington D.C.?

Yes, there are waiting periods associated with obtaining an employment-based green card in Washington D.C. The waiting periods vary depending on the category of the employment-based green card. For example, the waiting period for an EB-3 green card is typically longer than the waiting period for an EB-1 or EB-2 green card. The waiting periods can also vary depending on the individual’s country of origin.

18. What is the impact of naturalization on workers with an employment-based green card in Washington D.C.?

Naturalization has a profound impact on employment-based green card holders in Washington D.C. Naturalization grants certain rights to green card holders, including the right to vote, access to certain jobs, and the ability to obtain citizenship for their family members. Naturalized workers are also eligible for certain federal benefits and are subject to fewer restrictions when it comes to travel. Naturalization also provides a pathway to permanent residency and, ultimately, U.S. citizenship.

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

No, there are no restrictions on the types of jobs that employees with an employment-based green card in Washington D.C. can accept. However, the employer must sponsor the employee for an employment-based green card, and the job must be related to the green card employment category. Additionally, the employee must remain employed by the sponsoring employer in order to maintain their legal status in the U.S.

20. What are the benefits of permanent residency through an employment-based green card in Washington D.C.?

The benefits of permanent residency through an employment-based green card in Washington D.C. include:

1. The ability to live and work permanently in the United States and to travel freely between the U.S. and other countries.

2. The ability to apply for federal jobs and to access federal benefits such as Social Security, Medicare, and educational assistance.

3. The ability to petition for certain family members to become permanent residents in the U.S.

4. The ability to apply for U.S. citizenship after five years of residence in the United States.

5. The ability to participate in local business, civic, and cultural organizations without fear of deportation or travel restrictions.