Employment-Based Green Card: Step-by-Step Guide

As you may know, the United States attracts more immigrants from the world than any other country, which is why people from all over the world choose America to live and work.

There are various ways that individuals can live and work in the United States, such as employment green cards.

Individuals from other countries can obtain an employment-based green card when they have a job offer from a company in the U.S.

Note that it’s not easy to get an employment-based green card from the United States. In this article, we are going to explain what an employment-based green card is, the different types of employment greed cards, how to get such a green card, and more. 

What Is an Employment-Based Green Card

In simple words, a green card is a permanent resident card, which is usually sponsored by an employer or a family member. This green card grants that an individual is allowed to work and live in the United States permanently. 

You can obtain an employment-based green card when you have a job offer from an employer or a company in the U.S., which will be considered as your sponsor. 

The important thing to keep in mind is that green cards provide various benefits for the green card holders, but they are not the same as the United States citizenship. 

If you are wondering how you get an employment-based green card, you need to know that an employer in the United States will file different immigration forms with the United States Citizenship Services on your behalf. 

Finally, the employer will be considered as your sponsor based on the action they take on your behalf. 

What Is a Labor Certification?

As mentioned before, you will need a job offer to get an employment-based green card. Therefore, your future employer in America, which is also known as your sponsor, must obtain an approved certification, also called “ETA Form 9089” from the United States Department of Labor before they are able to file your immigrant petition with USCIS.

It is good to know that the “Labor Certification” confirms different items, including the following:

• Hiring you as a foreign employee will not negatively affect the work benefits of similar US employees.

• There are no American employees available to fill the offered position you are getting an offer for.

The important thing to remember is that getting an approved Labor Certification is a challenging and costly process and is mostly done by agencies rather than regular individuals. 

According to what is mentioned, you can ensure that if an American employer offers to sponsor you, it means they really want and need you to work in their company. 

Different Types of Employment-Based Green Cards

You should know that employment-based green cards are divided into categories according to the type of worker and the green card your employer sponsors.

Let’s see what are the different types of employment-based green cards.

EB1- Employment First Preference:

Talented individuals in sciences, education, art, business, and executive managers fall under this category.

To qualify for an employment-based green card in the US in the mentioned sub-categories, experience and extensive documentation must be added to the green card application. 

EB2- Employment Second Preference:

Those professionals with advanced degrees can apply for an employment-based green card under this category. 

Note that all the employees who apply for a green card under this category must have a labor certification approved by the United States Department of Labor.

Moreover, it is necessary to know that you must have a job offer in the U.S., and the employer should petition on behalf of the applicant.

EB3- Employment Third Preference:

People who have at least two years of former training and experience and employees with bachelorette degrees are under this category. 

EB4- Employment Fourth Preference:

Employees and the former workers of the United States government, the broadcasters employed by the International Bureau Minister of Religion, and the former workers of the Panama Canal company are listed in this category. 

The important point to consider is that this kind of employment-based green card has an annual limitation of 500 visas, which means chances are limited to getting a green card under this category.

EB5- Employment Fifth Preference:

Finally, employment creation investors fall under this category, and to be eligible for this green card, an investor must invest between $900,000 and $1,800,000 US dollars.

How to Get an Employment-Based Green Card

It is good to know that getting an employment-based green card has 3 steps, which we will fully cover below.

1- Labor Certification

As mentioned earlier, the first step in the process of getting an employment-based green card is that your employer (sponsor) needs to get an approved Labor Certification from the United States Department of Labor.

Your future employer has to file an application with the Department of Labor that is called the Application for Permanent Labor Certification.

*It is good to know that this process is also known as PERM.

Note that U.S. immigration laws try to protect the wages, working conditions, and interests of the US workforce, which is why the DOL must certify that there is a shortage of talented and qualified employees before you immigrate to the United States. 

This process also needs your employer to test and search the US labor market to ensure there are qualified American employees to fill the position they are offering to you.

2- Immigrant Petition

Once your employer has finished the previous step and got the approved labor certification, you are able to start the next step, which is to file the “immigrant visa petition” with the United States Citizenship and Immigration Services.

As mentioned before, employment-based green cards are under two different visa categories, which are EB2 and EB3. We discussed that the appropriate category depends on the job requirements and the employee credentials. 

Remember that the immigrant petition, known as “Form I-140,” must be filed by your employer, and the form is sent to the United States Citizenship and Immigration Services (USCIS) with all the supporting documentation. 

3- Adjustment of Status or Immigrant Visa Processing

This is the last step! After your immigrant visa petition is approved by the USCIS, you need to apply for your immigrant visa or adjust your status.

An adjustment of status is the process of converting your current situation (status) to permanent resident status. Note that you must file Form I-486 with USCIS while you are in the United States because the whole process needs your presence in the country. 

The good news is that your adjustment of status and your immigrant visa petition can be filed at the same time, which helps you save more time and energy. 

To get your immigrant visa, you must electronically file a Form DS-260. You will also be required to attend an immigrant visa interview at the US consulate or embassy of your home country. Upon successful completion of the interview, an immigrant visa should be issued to you within a week. Immigrant visa processing is typically done if you are not physically present in the United States and are therefore ineligible to adjust your status.

FAQs

1- What is the fastest way to get a green card in the United States?

The truth is that getting a US green card is based on luck, but family-based visas for close relatives are among the fastest ways.

2- How long does it take to get an employment-based green card?

The answer to this question depends on various items, but if your employer uses premium processing to ensure that USCIS processes your application for an employment-based green card between 15 and 45 days. 

3- Does an employment-based green card expire?

Note that some green cards have no expiration date, but most of them are valid for 10 years. However, you must keep in mind that you must keep your card up to date.

4- What is an immigrant visa processing?

Immigrant visa processing, which is also known as  “consular processing,” is the process of getting an immigrant visa at a United States consulate.

Conclusion

As mentioned before, there are various ways for foreign employees to get a US green card, and one of the best options is an employment-based green card, which we fully covered in this article. 

Always remember that the process of getting an employment-based green card can be easy and quick. However, each mentioned process needs to be taken by a right-hand agency. 

We hope this comprehensive guide helps you better understand what an employment-based green card is and how you can request to get it faster.