1. How long does the employment-based Green Card process take?
The employment-based green card process takes on average 8-14 months. However, the exact timeline can vary depending on the individual circumstances of each case.
2. What are the steps in the Green Card through employment offer process?
1. The employer must submit a permanent labor certification application (Form ETA 9089) to the U.S. Department of Labor (DOL) to demonstrate that no qualified U.S. workers are available for the job, and that hiring an immigrant will not adversely affect the wages and working conditions of similarly employed U.S. workers.
2. Once the DOL certifies the application, it is submitted to the U.S. Citizenship and Immigration Services (USCIS). The USCIS then reviews the application and establishes a visa preference category for the foreign national.
3. The employer must then either file an Immigrant Petition for Alien Worker (Form I-140) on behalf of the foreign national or file a labor certification, depending on the visa category.
4. Once approved, the foreign national may then apply for adjustment of status if he or she is already in the U.S., or proceed with an immigrant visa application if he or she is living outside of the United States.
5. Once approved, the foreign national will receive their green card in the mail (or receive their immigrant visa if they are applying from outside of the U.S.).
3. How do I apply for a Green Card through employment offer?
You can apply for a Green Card (also known as a Lawful Permanent Resident status) through an employment offer by filing a Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS). You will need to provide evidence of a valid job offer as well as evidence that you are qualified for the position. You may also need to provide evidence of relationships or other ties to the United States, such as family ties or employer sponsorship. Once your Form I-140 is approved, you may be able to apply for a Green Card by filing a Form I-485, Application to Register Permanent Residence or Adjust Status with USCIS.
4. Is the Labor Certification required for all Green Card through employment offers?
No, the Labor Certification is not required for all Green Card through employment offers. It is only required for Green Cards through the employment-based second and third preference categories, which are typically reserved for professionals with advanced degrees or those with exceptional ability.
5. Are there any exceptions to the Labor Certification process?
Yes, there are a few exceptions to the Labor Certification process. Depending on the occupation and the individual’s qualifications, certain foreign nationals may be eligible for an exemption from the Labor Certification requirements. This includes individuals who have extraordinary ability in science, art, education, business or athletics as well as outstanding professors and researchers. In addition, certain religious workers may be eligible for an exemption from Labor Certification requirements. Finally, certain employment-based immigrant visa categories do not require a Labor Certification.
6. What are the categories of Green Card through employment offer?
The categories of Green Card through employment offer are:
1. EB-1 Employment-Based First Preference: This category includes individuals with extraordinary abilities in the sciences, arts, education, business, or athletics; outstanding professors and researchers; and certain multinational executives and managers.
2. EB-2 Employment-Based Second Preference: This category includes foreign nationals with advanced degrees or exceptional ability in the sciences, arts, or business fields. The national interest waiver category for this preference allows some foreign nationals to self-petition without a job offer or a labor certification if they can demonstrate that their work is in the national interest of the U.S.
3. EB-3 Employment-Based Third Preference: This category includes foreign nationals with at least two years of experience, professional workers with a bachelor’s degree or foreign equivalent, and other unskilled workers.
4. EB-4 Employment-Based Fourth Preference: This preference covers certain special immigrants such as religious workers, broadcasters, members of the U.S. armed forces, physicians, international organization employees, and Afghan/Iraqi translators.
5. EB-5 Employment-Based Fifth Preference: This preference is for investors who invest at least $1 million or $500,000 (depending on the location) into a new commercial enterprise that creates at least ten permanent full-time jobs for qualified U.S. workers.
7. What is an Immigrant Visa Petition and how do I get one?
An immigrant visa petition is a form that is filed with the U.S. Citizenship and Immigration Services (USCIS) in order to demonstrate that an individual is eligible to immigrate to the United States. The petitioner must prove that they meet certain criteria, such as being related to a U.S. citizen or having an employer sponsor them. Once the petition is approved, the individual can apply for an immigrant visa at a U.S. embassy or consulate in their home country.
8. What documents do I need to provide in order to get a Green Card through employment offer?
In order to obtain a Green Card through your employment offer, you will need to provide the employer with the following documents:
– Completed and signed Form I-485, Application to Register Permanent Residence or Adjust Status
– Your passport and any other valid travel documents
– Your birth certificate
– Proof of your current immigration status (if applicable)
– Form I-9, Employment Eligibility Verification
– Form I-129, Petition for Nonimmigrant Worker
– A valid job offer letter from your employer
– Evidence of your qualifications for the job you have been offered
– Documents showing any applicable work experience
– Copies of any required educational credentials
– Financial documents showing you can support yourself in the U.S.
– Any other documents related to your application
You may also need to provide supplementary documents, such as those related to prior arrests or other legal issues.
9. What are the fees associated with the Green Card through employment offer process?
The fees associated with the Green Card through employment offer process are as follows:
1. USCIS filing fee: $700
2. Attorney fees: may vary depending on attorney and complexity of case
3. Labor Certification fee: $345 for a regular application; $1,225 for a “reduced fee” application
4. Immigrant Visa Processing fee: $220
5. Medical Exam fee: $200+ (may vary depending on doctor)
6. Travel Expenses: varies depending on location of applicant
10. How often do I need to renew my Green Card through employment offer?
You need to renew your Green Card every 10 years, but you don’t need to have an employment offer to do so. However, if you are applying for a Green Card through employment, you must have an employment offer to get approved.
11. What is the difference between an immigrant Visa and a non-immigrant Visa?
An immigrant visa is for foreign nationals who intend to live and work permanently in the United States, while a nonimmigrant visa is for foreign nationals who are traveling to the US temporarily for a specific purpose, such as business, tourism, medical treatment, or academic study.
12. When can I apply for a Green Card through employment offer?
You can apply for a Green Card if you have an employer who is willing to sponsor you for a Green Card. You must first obtain an employment-based visa such as an H-1B, L-1, or E-2 visa before you can apply for a Green Card.
13. How does an employer sponsor me for a Green Card through employment offer?
An employer can sponsor an employee for a green card by filing an I-140 petition with the United States Citizenship and Immigration Services (USCIS). The I-140 petition must include evidence that the position offered is a permanent and full-time job, along with documentation of the employee’s qualifications and experience. After the petition is approved, the employee may then apply for a green card.
14. What is Adjustment of Status and what does that mean for me?
Adjustment of status is the process of changing a person’s immigration status from one nonimmigrant category to another, such as from a temporary visa to a permanent resident. Adjustment of status is typically used when someone is already in the United States and wishes to stay. It is important to understand that adjustment of status does not grant someone citizenship; it only adjusts their immigration status.
15. What are the eligibility requirements for a Green Card through employment offer?
In order to be eligible for a Green Card through employment offer, you must first have an employer offer you a permanent job in the United States. The employer must then obtain labor certification from the Department of Labor (DOL) to prove that there are no qualified U.S. workers available for the job. Once labor certification is obtained, the employer must then file an Immigrant Petition for Alien Worker (Form I-140) with the U.S. Citizenship and Immigration Services (USCIS). You will also need to provide evidence that you meet the required qualifications for the position and that you can lawfully enter the United States. After the petition is approved, you will need to apply for an immigrant visa with the Department of State or file an adjustment of Status application with USCIS if you are already in the United States. If approved, you will receive a Green Card that will allow you to permanently live and work in the United States.
16. How long is a Green Card valid for once I receive it?
A Green Card is valid for 10 years and can be renewed, provided you remain eligible.
17. Are there any restrictions on my employment once I have a Green Card through employment offer?
Yes. Although you have a Green Card through employment offer, you are still subject to the restrictions of your specific visa type, such as restrictions on the kind of work you can do or the length of time you can remain in the U.S. Additionally, the offer of permanent residence may be revoked if the employer withdraws its offer or if you fail to meet the conditions of the job offer or Green Card application.
18. What are the different types of visas available for people who want to work in the U.S.?
The different types of visas available for people who want to work in the U.S. include:
1. H-1B Visa: This is a temporary work visa for foreign professionals who will be employed in specialty occupations.
2. L-1 Visa: This is a visa for intra-company transferees who will be employed in a managerial or executive capacity.
3. E-3 Visa: This is a temporary work visa for foreign professionals from Australia who will be employed in specialty occupations.
4. O-1 Visa: This is a visa for foreign nationals of extraordinary ability in the sciences, arts, education, business, or athletics.
5. TN Visa: This is a visa for Canadian and Mexican citizens who will be employed in professional occupations listed in the North American Free Trade Agreement (NAFTA).
6. J-1 Visa: This is a non-immigrant visa available to foreign visitors coming to the United States for a specific purpose such as work, study, research or cultural exchange.
7. B-1/B-2 Visa: This is a type of non-immigrant visitor visa that permits foreign visitors to enter the U.S. temporarily for business or pleasure.
19. Is there a way to expedite my application for a Green Card through employment offer?
Yes, there is a way to expedite your application for a Green Card through employment offer. The process is called the PERM labor certification. Through this process, the employer must demonstrate that they were unable to hire a qualified U.S. worker for the position, which in turn will assist you in getting permanent residence in the U.S. It is advised that you work with an experienced immigration attorney to help you through this process.
20. Can I get a Green Card through marriage or family sponsorship as well as through an Employment Offer?
Yes, you can get a Green Card through marriage or family sponsorship as well as through an Employment Offer. If you are eligible for a Green Card through either route, you will need to apply for it through the U.S. Citizenship and Immigration Services (USCIS).