Are You Eligible For An Employment-Based Green Card?

Are you currently employed in or outside of the U.S. and considering applying for an Employment-Based Green Card to be a U.S. Permanent Resident? Here is how your employer can file for a green card on your behalf.

A US employer may agree to apply to become a permanent resident on your behalf. Most individuals in this situation are typically already present in the U.S. and have a valid temporary work visa, such as an L1 or an H-1B. Each year, roughly 140,000 immigrant visas are available for individuals who want to immigrate because of their work abilities.

You may well be able to live permanently in the U.S. if you meet the requirements for education, employment experience, and skills. These E.B. Visas, also known as Employment-Based Visas, are used to apply for Green Cards and typically require submitting an I-140 petition to the Service Center in the employer’s jurisdiction.

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Types of Employment-Based Petitions

The five types of employment-based applications are EB-1, EB-2, EB-3, EB-4, and EB-5. Subcategories within each category outline the types of jobs that fall under the scope of that permit.

EB-1: Priority Workers

Individuals with exceptional talent in the sciences, arts, education, business, or athletics
Promising educators and researchers
International executives or managers.

EB-2: People of Exceptional Ability and Professionals

Experts who hold a doctoral degree
Individuals with a remarkable talent in the arts, sciences, or business.

EB-3: Professionals and Workers, Skilled and Unskilled

Professionals
Unskilled labourers
Skilled labourers

EB-4: A Few Special Immigrants

Many subgroups, such as:

Religious leaders
A few former employees of international organizations
Americans who have served in the military or have enlisted in service who were recruited outside of the country

EB-5: Immigrant Investors

This visa category is for international investors who want to invest money in brand-new American businesses that will create jobs there.

How to Apply for an Employment-Based Visa in 4 Easy Steps

A U.S. business must take particular actions to successfully claim a foreign worker to become a country’s permanent resident. And those are:

Obtaining a labour certification authorization by the employer or agent
The employer applies to USCIS
USCIS sends the National Visa Center an application (NVC)
An immigrant requests a visa or a Green Card

1: The employer or agency receives clearance for the labour certification

The Department of Labor shall certify, for the majority of employment categories, that no competent American workers are present or prepared to do the position for which the immigrant will be recruited.

2: The employer applies to USCIS

The employer must submit Form I-140, the Immigrant Application for Alien Worker, to U.S. Citizenship and Immigration Services (USCIS) for the relevant job preference category if the labour certification is granted. In addition, e-B1 category members have the option of submitting their petitions.

3: USCIS sends the National Visa Center an application

The National Visa Center (NVC) will begin pre-processing the individual case who receives the application after USCIS grants it.

4: An immigrant requests a visa for entry or a Green Card

The Department of Labor should first grant labour certification permission to the individual’s potential employer or agency.

Then, the employer submits an Immigrant Application for Alien Worker, Form I-140, to the U.S. Citizenship and Immigration Services (USCIS) for the relevant employment-based preferred category after receiving it (if necessary). (NOTE: People in the Employment First choice category with outstanding ability may submit their petition.)

Finally, the applicant may apply for an Adjustment of Status if they are already present in the country. If not, the applicant must go through the embassy or consulate visa application process.

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