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There are several ways to immigrate to the United States through employment. Employment based green cards in the U.S. is second only to family-based immigration.
The number of employment based green cards available each year is capped at 140,000. With the right combination of skills, the help of an employment based immigration lawyer, and some patience, you may qualify for a green card.
Opportunities for an employment based green cards include:
Each of these pathways to lawful permanent residency start with an immigrant visa petition. Who is responsible for submitting the immigrant visa petition depends on which category of employment based green cards applies to your situation.
In this guide we will explore:
Angela D. Warren
With more than 20 years of immigration and business immigration experience, Angela Warren has helped hundreds of individuals, families and businesses.
Getting an Employment Based Green Card based on your own Extraordinary Ability
First preference immigrant workers have extraordinary ability in the sciences, arts, business, education or athletics; they’re considered outstanding professors or researchers; or they’re multinational managers or executives who meet specific criteria outlined by the U.S. government.
Many employers are eligible to sponsor foreign workers’ immigration. Employers wishing to sponsor the immigrant visa of a foreign worker are responsible for the following:
Categories of employer-sponsored immigrant visas include EB-2 and EB-3 employment based visas.
Second preference immigrant workers are members of professions that require advanced degrees; have exceptional ability in business, the sciences or the arts; or are seeking a national interest waiver.
Note: A labor certification and employer sponsorship are not needed if the EB-2 petition is filed with a national interest waiver.
Third preference immigrant workers are skilled workers whose jobs require a minimum of two years of training or experience; professionals whose jobs require a bachelor’s degree or the foreign equivalent; or unskilled workers who will perform unskilled labor that requires less than two years of training or experience.
You may also be eligible to get a green card through employment if you’re a physician who agrees to work in a designated underserved area for a certain amount of time, if you’re an immigrant investor who will put a significant amount of money in a U.S. business, or other special circumstances.
There are two categories of these special employment based visa categories:
The fourth preference category of employment based visas are dedicated to special immigrants. This category is unique because some foreign nationals in this category can self-petition, others require a submission of a Form I-360 submitted by an employer. Still others don’t require a Form I-360 at all.
Special immigrants in the following subcategories may qualify for an EB-4 immigrant visa:
This preference category is reserved for noncitizens who are in the process of investing or already have invested a substantial amount of money into a commercial enterprise that benefits the economy of the United States.
To qualify for a green card as an immigrant investor, the foreign national will:
A new commercial enterprise is any for-profit lawful business including
Noncommercial activities like purchasing a home and hiring staff to run a household does not qualify an immigrant for an EB-5 visa.
Once USCIS approves the employment based green card petition, the immigrant must apply for the actual green card. This is done through either the Adjustment of Status process or Consular Processing after a visa becomes available in their category.
Adjustment of Status is the procedure for applying for a green card after receiving an approved immigrant visa when the worker is already living in the United States.
Consular Processing is the procedure of applying for a green card after receiving an approved immigrant visa when the worker is still living in a foreign country.
Green card holders are lawful permanent residents of the United States and afforded many rights and privileges.
As a lawful permanent resident, employment based green card holders are allowed to work in the U.S. without a work visa. Temporary work visas come with a multitude of restrictions, but an employment based green card provides a permanent residency status.
Employment based green cards provide immigrants the right to travel freely throughout the United States.
Employment based green cards come with the right to sponsor the immigrant visa of eligible family members using family-based immigrant visa petitions. Lawful permanent residents have the right to petition for the immigrant visas of their spouse and unmarried children.
Employment based green card holders are eligible for social security benefits after working in the United States and paying into the program for ten years.
Lawful permanent residents have the right to study at U.S. schools without special permission and without a student visa.
Lawful permanent residents who have immigrated on an employment based visa are not indentured to the employer that sponsored them. Green card holders are free to seek other jobs and take legal job offers as they choose.
Lawful permanent residents may be eligible for naturalization after five years, if other requirements are met — such as being physically present in the U.S. for at least 30 months of the five years.
If you’re interested in obtaining a green card through employment or if you are an employer seeking to hire a foreign worker on a permanent basis, you need an attorney with a proven track record to guide you through the complexities of the Immigration and Nationality Act.
Businesses that sponsor (or even hire) foreign workers must meet all legal requirements. If you’re a part of a U.S. company that needs to bring in foreign talent, speak with a San Francisco immigration attorney who can guide you through the business immigration process.
Immigration is one of the most profoundly life altering steps a person can take. It requires bravery, determination, patience, and trust. It’s not always easy to trust when facing challenging immigration hurdles, but attorney Angela Warren of Warren Law Firm has earned the trust of immigrants in the San Francisco area. Ms. Warren is dedicated to advocating for the right to pursue a legal immigration status.
Put your trust in an attorney who has spent over 20 years maintaining the trust of immigrants and businesses navigating complex immigration issues. Request a consultation now.
