Are you considering moving to the United States for work? An employment-based green card could be your ticket to becoming a lawful permanent resident. This type of green card allows you to live and work in the U.S. permanently, providing you with the security and opportunities you need for a better future.
In this guide, we’ll explain everything you need to know about obtaining an employment based green card, including the steps involved and the different categories available.
What is an Employment Based Green Card?
An employment-based green card is a visa that allows you to live and work in the U.S. permanently. It is one of the most popular ways for skilled workers, professionals, and investors to gain lawful permanent residence (LPR) in the United States. There are several types of employment-based green cards, each catering to different categories of workers. These include priority workers, professionals holding advanced degrees, skilled workers, and more.
Employment Based Green Card Categories
EB-1: Priority Workers
The EB-1 category is for priority workers. This includes individuals with extraordinary ability in fields such as science, arts, education, business, or athletics. If you fall into this category, you must demonstrate sustained national or international acclaim. Outstanding professors and researchers, as well as multinational executives and managers, also qualify under this category.
One of the benefits of the EB-1 category is that you can self-petition without needing a job offer, making it a desirable option if you meet the requirements.
EB-2: Professionals with Advanced Degrees
The EB-2 category is for professionals holding advanced degrees or persons with exceptional ability in the sciences, arts, or business. You generally need a job offer and an approved labor certification. However, if your work is in the national interest, you might qualify for a national interest waiver, allowing you to self-petition. This category receives a significant portion of the yearly employment-based immigrant visas, making it a good option if you have advanced qualifications.
EB-3: Skilled Workers
The EB-3 category includes skilled workers, professionals, and unskilled workers. Skilled workers are those whose jobs require at least two years of training or experience. Professionals need a U.S. bachelor’s degree or a foreign equivalent. Unskilled workers, or “other workers,” are individuals who can fill positions that require less than two years of training or experience. Like the EB-2 category, EB-3 also requires a job offer and labor certification.
EB-4: Special Immigrants
The EB-4 category is for special immigrants, including certain religious workers, broadcasters, and employees of U.S. foreign service posts. It also includes certain employees of international organizations and their family members, among others. This category does not typically require labor certification, making it an attractive option for those who qualify.
EB-5: Immigrant Investors
The EB-5 category is for immigrant investors. If you are a foreign investor willing to invest a substantial amount of capital in a new commercial enterprise in the U.S., you may qualify under this category. The investment must create or preserve at least ten full-time jobs for U.S. workers. This category is designed to encourage foreign investment and job creation in the United States.
Learn the Steps to Obtain Employment Based Immigrant Visas
1. Labor Certification
The first step in obtaining an employment-based green card is securing labor certification. This process involves your employer proving that there are no qualified U.S. workers available for the position you are being hired for. The Department of Labor (DOL) handles this certification. It ensures that hiring a foreign worker will not negatively impact the wages and working conditions of U.S. workers in similar positions.
2. Filing the Immigrant Petition
Once your labor certification is approved, your employer will need to file Form I-140, Immigrant Petition for Alien Worker. This form is submitted to the U.S. Citizenship and Immigration Services (USCIS). Your employer must provide evidence that you meet the qualifications for the specific employment-based preference category. If you are a person with extraordinary ability or seeking a national interest waiver, you might be able to file the petition yourself.
3. National Visa Center Processing
After USCIS approves the petition, it is forwarded to the National Visa Center (NVC). The NVC assigns a case number and provides instructions on the next steps, including submitting required immigrant visa documents and paying appropriate fees.
4. Visa Application and Interview
Next, you will apply for an immigrant visa at a U.S. Embassy or Consulate in your home country. You will need to submit Form DS-260, along with other necessary immigrant visa documents. The NVC will schedule your visa interview.
During the interview, a consular officer will review your application and documents. You will need to bring your passport, civil documents, and any other required evidence. Additionally, you must complete a medical examination and obtain the required vaccinations before your interview.
How Long Does the Process Take?
The time it takes to obtain an employment-based green card varies depending on several factors, including your specific employment-based preference category and your country of chargeability. Each year, there is a limited number of employment-based immigrant visas available, and these are divided among the various categories and countries.
One key factor affecting the timeline is your priority date, which is the date your employer filed the labor certification application or, in some cases, the date your Form I-140, Immigrant Petition for Alien Worker, was filed with the U.S. Citizenship and Immigration Services (USCIS). The U.S. Department of State’s Visa Bulletin provides monthly updates on which priority dates are currently being processed, so you can monitor when your priority date becomes current.
In categories where demand exceeds the supply of available visas, such as EB-2 and EB-3 for applicants from countries like India and China, there can be significant waiting periods. These backlogs can extend the process by several years. It’s crucial to keep track of the Visa Bulletin and maintain communication with USCIS and the National Visa Center (NVC) to stay informed about your application status.
Once your priority date is current, and all necessary documents and fees have been submitted, the processing time can still vary based on the specifics of your case and any additional administrative processing required. Typically, the process can take several months from the time your visa interview is scheduled to when you receive your green card.
Can My Family Members Also Receive Immigrant Visas?
Yes, your immediate family members can also receive immigrant visas based on your approved petition. This includes your spouse and unmarried children under the age of 21. They can apply for immigrant visas along with you, allowing them to join you as lawful permanent residents in the United States.
To start, your family members will need to fill out the required forms, such as Form DS-260, Immigrant Visa and Alien Registration Application. They must also gather necessary civil documents, such as birth and marriage certificates, and ensure their passports are valid for at least six months beyond their intended entry date into the United States. Each family member will need to undergo a medical examination and obtain the required vaccinations.
Additionally, your family members will have to pay the appropriate fees for visa processing. Once all documents are submitted and fees are paid, the National Visa Center (NVC) will schedule visa interviews for your family members at a U.S. Embassy or Consulate. During the interview, a consular officer will review their applications and determine their eligibility for immigrant visas.
It’s important to remember that each family member must individually meet the immigration requirements and undergo the same application process. Once approved, your family can travel with you or join you in the United States later, maintaining family unity as you all become permanent residents.
Fees and Costs
When applying for an employment-based green card, several fees and costs are involved. Understanding these fees can help you prepare financially for the process.
Filing Fees
Form I-140, Immigrant Petition for Alien Worker: Your employer will need to file this form with the U.S. Citizenship and Immigration Services (USCIS). There is a filing fee associated with this petition.
Form DS-260, Immigrant Visa and Alien Registration Application: Once your petition is approved and forwarded to the National Visa Center (NVC), you will need to pay a fee for processing this form.
Note: Current filing fees can be on the Travel.State.Gov site.
Other Costs
Medical Examination and Vaccinations: All applicants must undergo a medical examination and receive required vaccinations. The cost varies depending on the country and the specific panel physician. Click to find a registered doctor here.
Document Preparation: This includes fees for obtaining, translating, and photocopying necessary documents like birth certificates, police certificates, and passports.
Travel Expenses: Costs associated with traveling to the U.S. Embassy or Consulate for your visa interview.
Payment Instructions
It’s important to follow the specific payment instructions provided by the NVC or the U.S. Embassy or Consulate. Do not send any payments unless instructed to do so, and ensure that all fees are paid to the correct address to avoid delays.
By being aware of these fees and costs, you can budget accordingly and avoid any unexpected financial hurdles during your green card application process.
Entering the United States
Once you have been issued your immigrant visa, you are ready to enter the United States. Here’s what you need to know about this critical step.
USCIS Immigrant Fee
Before traveling to the U.S., you must pay the USCIS Immigrant Fee. This fee is required to process your permanent resident card (green card). You can pay this fee online through the USCIS website. Keep the payment receipt as proof of payment.
Port-of-Entry Procedures
When you arrive at a U.S. port of entry, you will present your passport containing the immigrant visa and the sealed packet of documents you received from the U.S. Embassy or Consulate. It is crucial that you do not open this packet; it must remain sealed until a U.S. Customs and Border Protection (CBP) officer opens it.
The CBP officer will review your documents and may ask you questions about your intentions in the U.S. This process is to confirm your eligibility for entry as a lawful permanent resident.
Receiving Your Green Card
After entering the U.S., your green card will be mailed to the address you provided in your application. It typically takes a few weeks for the card to arrive, so ensure that your address is accurate and that you notify USCIS of any changes.
After Receiving Your Green Card in the US
Receiving your green card marks the beginning of your new status as a lawful permanent resident.
Here’s what you need to know about your rights and responsibilities.
Rights and Responsibilities
As a green card holder, you have the right to live and work permanently in the United States. You can also travel outside the U.S. and return, although extended absences may affect your permanent resident status. You are also eligible to apply for a Social Security Number (SSN), which is essential for employment and accessing various services in the U.S.
However, with these rights come responsibilities. You must obey all U.S. laws, pay taxes, and support the democratic form of government. You should also carry your green card at all times as proof of your lawful status.
Applying for a Social Security Number
If you did not apply for a Social Security Number (SSN) during your immigrant visa application, you can do so after arriving in the U.S. Visit your local Social Security Administration (SSA) office with your green card and other identification documents. Your SSN is crucial for working, paying taxes, and accessing government services.
Maintaining Permanent Resident Status
To maintain your status, avoid actions that could jeopardize your residency, such as committing certain crimes or staying outside the U.S. for extended periods without proper documentation. If you plan to be away for more than six months, consider applying for a reentry permit.
Path to Citizenship
After holding your green card for five years (or three years if married to a U.S. citizen), you may be eligible to apply for U.S. citizenship. Becoming a U.S. citizen offers additional benefits, such as voting rights and the ability to sponsor family members for green cards.
By understanding your rights and responsibilities, you can make the most of your new status and take steps toward a secure and prosperous future in the United States.
A New Job and a New Exciting Life in the U.S.
Obtaining an employment-based green card is a significant step towards building a new life in the United States. By understanding the process and the different categories, you can effectively work towards securing lawful permanent residence for yourself and your family. Remember to follow each step carefully, from obtaining labor certification to filing the necessary forms and attending your visa interview.
Stay informed about your priority date and ensure that all your documents are in order. By doing so, you can avoid delays and ensure a smoother process. Once you have your green card, embrace your new status and take advantage of the rights and opportunities that come with being a lawful permanent resident. Don’t forget to apply for a Social Security Number and understand your responsibilities to maintain your permanent resident status.
If you need further assistance or have questions, seek professional advice to ensure you are on the right track. Your new life in the United States awaits, filled with opportunities and the potential for a bright future. Welcome to your new beginning as an employment-based green card holder!
