- Introduction to Employment Based Green Card
- Labor Certification Process for Green Card
- I-140 Process
- I-485 Process
- FBI Name Check
- Consular Processing
Green Card Through Employment
An employer can sponsor its employee’s green card. It is a multistep process, involving certain documents, confined by a few rules and regulations.
There are few categories for granting permanent residence to foreign nationals based on employment skills.
Employment-based green card categories are:
- EB1
- EB2
- EB3
- EB4
- EB5
Most of the technical workers fall under first 3 categories.
- EB1: employee with extraordinary ability in the science, arts, education, business or athletics, professors, researchers and Ph.D. holders etc. falls under this category. It also includes people working in the US as managers and executives on international transfer basis (company transfer L1 holder)
- EB2: This includes employees with extra ability in the field of science, arts or business, and advanced degree professionals (postgraduate degree holder).
- EB3: This includes professionals with a Bachelor/Graduate degree, and other skilled workers.
Learn more about each of the employment based green card categories:
- EB1 First Preference
- EB-2B Exceptional Ability
- EB3 Skilled Workers, Professionals, and Other Workers
- EB4 Special Immigrants
- EB5 Immigrant Investor
Document List For Employment-based Green Card
Here are the primary documents required for an employment-based green card petition (this may vary based on individual cases and should be vetted by an immigration lawyer before submitting):
- Form I-485 – Application to Register Permanent Residence or Adjust Status
- Form I-797 – Approval or Receipt Notice (received after submitting the Form I-140)
- Two passport photos
- Copy of your identification document (passport)
- Copy of your birth certificate
- Copy of your non-immigrant visa (if applicable)
- Copy of parole stamp issued by U.S. officer (if applicable)
- Copy of every I-94 recorded under your name
- Proof that you’ve maintained lawful status since arriving in the U.S. (or that you are exempt)
- Form I-693 – medical examination report
- Certified police clearances (from your home country)
- Documentation of past or present J-1 or J-2 nonimmigrant status (if applicable)
- Form I-485 Supplement A – Adjustment of Status Under Section 245(i) (if applicable).
- Receipt of Filed Fees – All receipts have to be preserved
Process Of Getting Employment-Based Green Card
Getting an employment-based green card is a 4 step process. Here are the steps you need to take:
Step 1: Labor Certification
Application (ETA-750) submission through your employer to DOL (Department of labor).
Step 2: Petition for Immigration I-140
Your employer files application (I-140) to USCIS.
Step 3: Adjustment of Status (I-485) OR Consular Processing
File I-485 and other supporting documents with USCIS, for yourself and family within the USA.
At this time, you can also file for EAD (Employment Authorization Document) and AP (Advance Parole or Travel Document). Once you file your I-485, you will be required to do fingerprinting.
Steps 2 and 3 can be filed together, known as concurrent filing, however, I-485 can’t be approved without the approval of I-I40.
OR
Take consular processing interview at a US Consulates in your home country.
Step 4: Receive Your Green Card
Get the stamp in your passport and receive your physical green card.
Note
The overall process is time consuming, as it involves formalities and a great deal of paperwork. It is granted against per year quota/per country/per category. Originally, a major constraint was that a person applying for a green card needed to stick with their sponsoring company until the green card was issued, otherwise the process would be disrupted, and he/she would have to resubmit a fresh application from the beginning. This rule however, has changed: as of January 17, 2017, employers will no longer be able to revoke I-140 petitions from employees who have held them for more than 180 days, even if their services have been terminated.
