Do you aspire to work and live in the US? An employment-based green card is one option that allows you to live and work permanently in the US. These types of green cards can be either employer-sponsored or self-petitions.
Acquiring an employment-based green card can be a time-consuming and complex process. Engaging an immigration attorney can help you navigate this complex process.
At JQK Law firm, we can guide you through the paperwork and address any inquiries. This article will guide you through the employment-based green card process, highlighting various categories, eligibility criteria, application procedures, and challenges.
The US employment-based green card is an immigration document that allows foreign nationals to gain lawful permanent residence in the US. These types of green cards are typically employer-sponsored, although an individual may self-petition under the EB-1 or EB-2 categories.
The US government allocates approximately 140,000 employment-based visas each fiscal year. These visas are broken down into five preference categories.
There are five employment-based (EB) visas/green card preference categories: EB-1 to EB-5.
The EB-1 visa is for foreign nationals showcasing extraordinary abilities in various fields. These fields include science, arts, education, business, and athletics.
There are three distinct types within the EB-1 visa category:
The EB-2 visa is for persons with advanced degrees or exceptional abilities in their field. Another alternative within the EB-2 category is the EB-2 National Interest Waiver (NIW)
The EB-3 visa is for skilled, professional, or other workers. EB-3 visa requirements are less strict than the EB-1 and EB-2; as a result, the wait time is longer.
The EB-4 visa is for special immigrants. Those seeking EB-4 visa status should be the recipient of an authorized Petition for Amerasian, Widow(er), or Special Immigrant. It excludes specific cases, such as certain or former US government employees abroad.
No labor certification is required for any subgroup falling under certain Special Immigrants. Religious workers often utilize the EB-4 visa. However, others, such as the armed forces and physicians, may apply.
The EB-5 visa allows foreign investors to make capital in US commercial enterprises. EB-5 options involve new or struggling existing companies.
Approval of the EB-5 investor visa is often faster than that of other employment-based visas since it does not need a PERM Application/Labor Certificate.
Each category of employment-based green cards has its eligibility criteria. Meeting these eligibility requirements can reduce the risk of delays or denials.
Applicants must either:
Applicants must be either:
Applicants can include:
The employment-based green card application process will vary depending on the visa category. However, the general process includes the following steps:
An employment-based visa applicant should submit the following documents to the USCIS:
Employment-based immigrant visa applications face unpredictable processing times. Delays may occur due to non-compliance with instructions or additional administrative processing post-interview.
In addition, fees for the following visa services apply:
Note: Fees apply to each intending immigrant, irrespective of age, and are non-refundable. Also, ensure you follow National Visa Center instructions for fee payment. Fees can change over time, so checking with USCIS for the most current application costs is essential.
Many EB green cards require employer sponsorship. To sponsor an EB applicant, the employer needs to demonstrate a lack of qualified US workers for the position and why they are endorsing the immigration application of the foreign worker.
An Affidavit of Support for green card applications (Form I-864) is a legal document in which a US employer (sponsor) accepts financial responsibility for a foreign worker seeking to work in the US. By signing this document, the sponsor commits to providing financial support for the applicant during their stay in the country.
Employer sponsorship and the Affidavit of Support serve the following purposes:
Understanding the interview process is vital when applying for an employment-based green card. Preparing for your interview can relieve the stress and make the process go more smoothly.
In preparation for your green card interview, you should:
Challenges can arise at any time during the green card application process. Some common challenges related to employment-based immigration visas include:
A successful employment-based green card application requires careful navigation through various obstacles. Experienced green card lawyers can assist you by:
Obtaining an employment-based green card involves a complex process with various crucial steps. Assistance from skilled legal representation can help you avoid errors and efficiently navigate the immigration process.
At JQK Law, we offer comprehensive support. We evaluate your case and provide assistance throughout the immigration process. We can help with application filing, interview preparation, and post-interview support. Our firm is committed to guiding you through the complexities of US immigration law.
Contact us today for assistance realizing your American dream.