Every year for prospective foreign workers, hundreds of thousands of jobs green cards are available. While this may seem to be huge, only a few people from every country are single. This leads to dramatically widened waiting times, especially for foreign workers from India and China, whose applications are high.
Facts like this can intimidate and daunt the green card journey through the workplace. Here we send you an overview of employee green card types and processes to help you be as educated as possible about this road to permanent residency.
What is the meaning of a green card?
‘Green card’ is a non-American immigration document informal name which allows non-Americans to live and work in the USA as so-called ‘permanent residents,’ a green paper card that shows your picture and other details. It fits in a wallet and should always be taken by the person as evidence of legal living in the United States.
Although non-immigrant temporary visa-related visas exist as well, permanent residents enjoy greater rights than temporary ones. In particular, permanent residents can live and work indefinitely in the United States unless they take steps to make them removable (such as committing certain crimes or abandoning their U.S. residency).
Routes of Green Card Status based on employment
A green card based on jobs can be acquired by patronage by employers or in specific categories through the applicant’s professional gain.
Patronage by the employer means that the employer submits a request to USCIS to qualify the potential Green Card Sponsorship Workers. The foreign worker can only file a green card application based on jobs when the petition is accepted.
Not every job in the U.S. will be able to sponsor a green card. The law sets out narrow categories, and at least one of them must qualify both for the position and the employee-funded.
Green card categories based on jobs
Three primary forms of green cards are available based on employment:
- EB-1: (employment-based first preference)
- EB-2 (second choice for job)
- EB-3: (employment-based third preference).
As detailed below, every subcategory also has.
EB-1 Category of priority
EB-1, the first level of interests, is reserved for potential workers who can prove:
- Awesome power
- Status as an exceptional professor and researcher
- Position as a manager’s global executive.
The particular skill of EB-1A
The worker must have outstanding skills in science, art, education, business, or athletics to qualify under the EB-1A category. This must be illustrated by domestic or international acclaim because three or more requirements have been met. The parameters include recipients of significant prizes, academic papers writers, commercial success in the performing arts, and so much the like in influential business journals and newspapers.
To meet this is a high bar.
EB-1B: Outstanding scholars and Professors
The worker must show international recognition in a specific academic area to qualify as an EB-1B. It means at least three years of applicable teaching or research skills and two out of six requirements are met, including, for example, significant prizes or awards, original contributions to science or research, authored books or papers, and so forth. However, this type of green card requires an employer sponsor.
EB-1C: global administrators or managers;
For EB1C, the essential requirements are the worker’s position in a business or related company, also referred to as an executive or managerial intra-company Category transferred. For managers or executive-level positions, there must be a faithful job offer from an American business.
For one year or more in the three years before the application or U.S. jobs, the employee has to be working outside the United States as a manager or executives in an organization with a qualitative relationship with the sponsor. The contractor is legal to do business in the United States for at least one year.
Green Cards EB-2 and EB-3
The groups EB-2 and EB-3 need the Department of Labor’s labor certification (DOL) (except the National Interest Waiver EB-2 category, discussed further below). This process, widely known as the “PERM,” requires that the sponsor/worker undertakes a thorough recruiting effort and obtains DOL certificates for the position proposed.
The DOL pay judgment declares the vacancy according to clear requirements and interviews all eligible candidates several months to one year for the PERM process. The immigrant’s application is only possible after the employer makes sure no U.S. employees are eligible for the job.
There are three green card forms, for example, EB-2
- Positions needing an advanced grade
- Individuals with excellent scientific, humanities, or business skills,
- National interest waiver applicants are qualifying.
Class of EB-2 Advanced Grade
For an advanced degree, a degree other than a United States baccalaureate or a foreign equivalent must be required (such as a U.S. master’s, Ph.D., J.D., or M.D.). Alternatively, a person with a U.S. bachelor plus five years of graduate specialty experience will apply.
EB-2 Category of exceptional ability
EB-2 green cards have outstanding potential to accomplish three out of seven qualifications, covering matters such as their academic record, years of full-time experience, accompanying acceptance of licenses, salary, and so on, for people with exceptional scientific, art, and business skills. The qualification bar is relatively high, as is the case with the EB-1A group.
EB-2 Exempt category of national interest
The EB-2 green card requires no labor credential or employer sponsor to be removed from national interest. However, the applicant has to show that the employed individual would help the nation extensively, since:
- The proposed endeavor has significant and national importance.
- The applicant is well-positioned to promote the proposed work.
- It will be useful for the U.S. to remove the conditions of an offer to employ and thus the labor certificate.
It gives USCIS broad discretion in deciding whether this type of green card should be issued because the kinds of jobs that usually qualify for a national waiver are not written into American legislation. This can make it difficult to apply successfully.
Categories EB-3 Green card
EB-3 green cards are reserved for skilled, general professionals and unqualified employees, or third-preference employee cards. All three include a job bid, a sponsoring, and the completion of work certification. The employer’s request must show that the employee has at least two years’ experience, training, or training, which conforms to the labor certification criteria.
In the specialist Category, the employee has at least a bachelor’s degree or international equivalent, and the request must prove that this is the standard prerequisite for the position.
The untrained group of staff is an invitation for positions that do not belong to any other category. Therefore, the employee shall be able to do the job that is proposed, and the work shall not be temporary or seasonal.
Since the mandatory EB-3 Green Cards qualifications are lower than the EB-1 and EB-2 qualifications.the applicant Process for a Green Card dependent on jobs
Below are the necessary steps for obtaining a green card form based on jobs.
However, you can skip the steps involving an employer sponsor, and you can apply if you apply for an EB-1A or EB-2 national interest exempt passport. (The best way to get this support from an immigration lawyer.)s should anticipate a much higher demand and hence longer wait times.
First Stage: PERM
For all employee, green card categories that require an employer sponsor, the PERM procedure’s successful completion is required. The employer must have a prevailing pay decision, reveal the job, and hire potential workers. The DOL can grant a certificate to be included in the green card application if it succeeds. The sponsor of the employer shall pay all expenses for PERM.
Stage Two: Form I-140, International Workers Immigrant Petition, and Priority Date
Upon accepting PERM, the employer is asked to file USCIS Form I-140, Immigrant Alien Employees Petition, within 180 days. The employer must prove here that you and the job proposed to fulfill the corresponding skills. I-140 adjudication can last months, but for the “premium processing,” the employer may pay extra (action within 15 days). A key piece of information is included in the USCIS I-140 approval notice: the date of priority.
Stage Three: Current Date of Priority
Follow the Department of State’s visa bulletin for updates about when your priority date, Category, and country of nationality will have a Green Card available. A monthly update to the Visa Bulletin is available. You will be disqualified if you apply for a green card too early.
Stage 4: Permanent Residency Application
The next move depends on where you live (in the United States or outside the United States) and whether you are in the U.S. if you should ‘change your status’ to do so.
Applying from elsewhere from the USA
A prospective foreign worker residing outside the United States must receive what is called consular treatment. When your prioritization date comes into effect, you (or your lawyer) will be getting a letter from the National Visa Center (“NVC”).
In the United States Consulate or Embassy abroad, you seek an “immigrant visa” (this leads directly to a green card). The NVC works with the consulate to process your visa request and guides you to fill out different appropriate forms and payments. Various consulates could have multiple rules on fee payment, scheduling of appointments, and so on. Take care of all special conditions.
Finally, your immigrant visa interview will be scheduled at the consulate. You will be accepted and then or shortly afterward should obtain your visa. It will allow you to join the United States within a limited period. A few weeks after that, the green card arrives by mail.
Application from inside the USA
You can apply Form I-485, Permanent resident application, or USCIS status adjustment application if you are legally present in the U.S. when a green card slot is open to your Category. You must also submit biographical evidence (for Form I-693) and a copy of your I-140 approval notice, as specified in the “first evidence checklist” on the form’s website. You will also have to include a completed Form I-944, Self-Sufficiency Declaration, in a relatively new section of this phase. Its goal is to demonstrate that you can support yourself and that you are unlikely to help the public. The lawyer’s advice is recommended because of the difficulty of this form.
When USCIS is receiving your change request, scheduling, interviews, and decision-making will take several months to over one year. USCIS can then request further documentation by issuing an “RFE” (Request for Evidence).
After USCIS is satisfied, you are scheduled to interview an immigration officer asking you questions about yourself and the proposed job. USCIS may waive the interview on such occasions, including a pandemic during the COVID-19. If the interview is being waived, USCIS will tell you. USCIS will email you its decision, and if accepted, you will receive your green card by email.