Securing an Employment-Based Green Card

The process of securing an employment-based green card is not always straightforward. It requires knowledge of the law and a thorough understanding of the application process. You must understand some of the key steps you should take when seeking to secure an employment-based green card and provide insight into potential pitfalls that you should avoid.

What is an Employment-Based Green Card?

An employment-based green card is a permanent residence visa for foreign national workers who have been offered a job in the United States. The employer must sponsor the employee for the green card by filing an immigrant petition on their behalf with U.S. Citizenship and Immigration Services (USCIS). There are a total of 140,000 employment-based green cards available each fiscal year, which are allocated among five preference categories. These categories are based on factors such as education, skillset, and experience.

• The EB-1 is for priority workers- which includes individuals with extraordinary ability in their field, outstanding professors and researchers, and certain executives of multinational companies.

• EB-2 Category- is for professionals holding an advanced degree or its equivalent, and aliens with exceptional ability in the sciences, arts, or business.

• EB-3 Category- is for skilled workers, professionals, and other workers. Skilled workers are those whose jobs require at least two years of training or experience to perform; professionals are those whose jobs require at least a bachelor’s degree; and other workers are unskilled laborers who are capable of performing labor that requires less than two years of training or experience.

• EB-4 Category- is for certain religious workers and employees of the U.S. government abroad.
• EB-5 Category- is for investors who create new commercial enterprises in the US. 

Eligibility Criteria for an Employment-Based Green Card

An employment-based green card allows an immigrant to live and work permanently in the United States. There are several categories of employment-based green cards, each with different eligibility criteria. To be eligible for an employment-based green card, an immigrant must have a job offer from a U.S. employer in one of the following categories:

• Priority Workers- Immigrants with extraordinary ability in the arts, sciences, or athletics; Outstanding professors and researchers; or certain managers and executives of foreign companies who are transferred to the United States.
• Professionals with Advanced Degrees or their Equivalents- Immigrants who have a job offer in a professional occupation that requires at least a bachelor’s degree or its equivalent.
• Skilled Workers, Professionals, and Other Workers- Immigrants who have a job offer in a skilled occupation that requires at least two years of training or experience; A job offer for a professional occupation that does not require a bachelor’s degree; or A job offer for an unskilled occupation that will last for at least one year.

Three Types of Employment-Based Green Cards

The United States offers several types of employment-based green cards, each with its own set of requirements.

• The EB-1 Visa- is available to foreign nationals who have extraordinary ability in the arts, sciences, or business; who are outstanding professors or researchers; or who are certain executives or managers.

• The EB-2 Visa– is available to foreign nationals who have advanced degrees or exceptional ability in the arts, sciences, or business.
• The EB-3 Visa- is available to foreign nationals who are skilled workers, professionals, or other workers.

Benefits of Having an Employment-Based Green Card

There are many benefits to having an employment-based green card, including the ability to live and work permanently in the United States, the ability to bring family members to the United States, and access to social services. Furthermore, employment-based green card holders are eligible for citizenship after five years. 

• Live and Work Permanently in the US- With an employment-based green card, you can live and work permanently in the United States.
• Bring Family Members to the US- Employment-based green card holders are eligible to bring certain family members to the United States, including spouses and unmarried children under 21 years of age.
• Access to Social Services- Holders of an employment-based green card is eligible for access to social services, such as health insurance, food stamps, and housing assistance.
• Eligibility for Citizenship- After five years of continuous residency in the United States with an employment-based green card, you may be eligible for U.S. citizenship if you meet other qualifications.

Application Process for an Employment-Based Green Card

To obtain an employment-based green card, also known as an EB-3 visa, foreign nationals must first secure a job offer from a U.S. employer. Once the job offer is secured, the employer must file a petition with the U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign national.

The foreign national can then begin the green card application process by filing an I-485 form with USCIS. Along with this form, applicants must submit various supporting documents, including;

• Proof of their job offer
• Evidence that they meet all of the requirements for the EB-3 visa classification.

Once USCIS has received and reviewed all of the required documentation, they will schedule an interview with the applicant. At the interview, USCIS officers will ask questions to confirm that the applicant is eligible for an employment-based green card. If everything is in order, USCIS will approve the I-485 application and issue a green card to the foreign national.

Employment Authorization and Advance Parole Documents

If you are seeking an employment-based green card, there are a few things you need to know about employment authorization and advance parole documents.

• Start with employment authorization- If you want to work in the United States, you will need to obtain an Employment Authorization Document (EAD). This document is also commonly known as a work permit. The EAD allows you to legally work in the United States for a specific employer.

To apply for an EAD, you must;

1. Have a job offer from a U.S. employer.
2. Your employer will need to file an I-129 petition with the USCIS. 
3. Once the I-129 petition is approved, you can then apply for your EAD. The entire process usually takes around 4-5 months.

The Advance Parole Documents

If you want to travel outside of the United States while your green card application is pending, you will need to obtain an advance parole document. Without this document, you will not be allowed back into the United States.

1. To apply for an advance parole document, you will need to file an I-131 application with the USCIS. 
2. Once your application is approved, you will be able to travel freely outside of the United States and re-enter without any issues.

These are just a few things to keep in mind when it comes to employment authorization and advance parole documents. 

Employment-Based Green Card 

The United States offers several types of employment-based green cards, also known as immigrant visas. These includes

• The EB-1 visa is for persons of extraordinary ability.
• The EB-2 visa is for professionals with advanced degrees or persons of exceptional ability.
• The EB-3 visa is for skilled workers, professionals, and other workers.

To be eligible for an employment-based green card, you must obtain a job offer from a U.S. employer. Once you have a job offer, your employer must file a petition on your behalf with the U.S. Citizenship and Immigration Services (USCIS). If your petition is approved, you will then need to undergo a medical examination and an interview at a U.S. consulate or embassy.

FAQs on Securing an Employment-Based Green Card

• How do I go about securing an employment-based green card?

Ensure that you have a job offer from a U.S. employer that is willing to sponsor you for a green card. Once you have this job offer, your employer will need to file a petition on your behalf with the U.S. Citizenship and Immigration Services (USCIS). If your petition is approved, you will then need to undergo an immigrant visa interview at a U.S. consulate or embassy abroad. Once you have been issued an immigrant visa, you will be able to enter the United States and receive your green card.

• What are the different types of employment-based green cards?

There are five main types of employment-based green cards: EB-1, EB-2, EB-3, EB-4, and EB-5. Each category has different requirements that must be met to be eligible for that particular type of green card.

• How long does it take to secure an employment-based green card?

The time frame for securing an employment-based green card can vary depending on which category you fall under and whether or not you are already in the United States with a valid nonimmigrant visa status. For example, if you are applying for an EB-1 green card as an individual with extraordinary ability in your field, the process may be quicker since there is no labor certification required.

Once you have been granted an employment-based green card, you will be able to live and work in the United States permanently. You may also bring your spouse and minor children with you to the United States on derivative visas.