How to Get a U.S. Employment Green Card

A U.S. Employment Green Card, also known as a Permanent Resident Card, allows foreign nationals to live and work permanently in the United States. Acquiring this green card is often a significant milestone for individuals looking to settle and build a career in the U.S. The process can be complex and lengthy, depending on factors such as the applicant’s employment situation, country of origin, and other eligibility requirements. This article provides a detailed guide on how to get a U.S. Employment Green Card, including the application steps, requirements, and timelines.

Step 1: Determine Eligibility

To qualify for a U.S. employment-based green card, applicants must meet specific criteria. The U.S. government divides employment-based green cards into five preference categories (EB-1 to EB-5), each with different requirements.

1. EB-1 Category (Priority Workers)
This category is for individuals with extraordinary abilities in their field, outstanding professors and researchers, or multinational executives and managers. Applicants must meet high standards of achievement, such as winning prestigious awards or holding significant leadership roles in a multinational company.

2. EB-2 Category (Professionals with Advanced Degrees or Exceptional Ability)
Applicants in this category typically have advanced degrees or possess exceptional abilities in fields like science, arts, or business. Individuals with a job offer from a U.S. employer may apply for this category, and in some cases, applicants can apply without a job offer if they can demonstrate that their work benefits the U.S.

3. EB-3 Category (Skilled Workers, Professionals, and Other Workers)
This category is for skilled workers with at least two years of experience, professionals with a bachelor’s degree, or unskilled workers. EB-3 applicants typically need a job offer from a U.S. employer who is willing to sponsor them.

4. EB-4 Category (Special Immigrants)
This category is for special classes of workers, including religious workers, certain employees of U.S. foreign governments, and other specific groups. These applicants may have different eligibility criteria depending on their specific classification.

5. EB-5 Category (Immigrant Investors)
The EB-5 category is for foreign nationals who invest a significant amount of money (usually at least $1 million or $500,000 in a targeted employment area) in a U.S. business that creates at least 10 jobs for U.S. workers. This is an option for individuals who have the financial means to make such an investment.

Step 2: Obtain a Job Offer and Labor Certification (if applicable)

For most employment-based green card categories, applicants need a valid job offer from a U.S. employer. The employer must be willing to sponsor the applicant and support their petition for permanent residency. For certain categories like EB-2 and EB-3, a Labor Certification from the U.S. Department of Labor (DOL) is often required. This process ensures that no qualified U.S. workers are available for the position the foreign national will fill, thereby protecting the domestic labor market.

To obtain the Labor Certification, the employer must prove that they have made a good faith effort to hire a U.S. worker and that hiring the foreign national will not negatively impact the wages and working conditions of U.S. workers. The employer must also demonstrate that the applicant meets the job’s qualifications and the salary offered aligns with the prevailing wage for the position.

Step 3: File the Immigrant Petition

Once the eligibility is confirmed, the next step is for the employer (or the applicant, depending on the category) to file an immigrant petition with the U.S. Citizenship and Immigration Services (USCIS).

• Form I-140 (Immigrant Petition for Alien Worker) is typically filed by the employer for most employment-based categories, though applicants in certain cases may file on their own behalf.
• In the case of the EB-2 National Interest Waiver (NIW), an applicant may self-petition, meaning they do not need an employer to file the petition on their behalf.

The Form I-140 petition must include evidence of the applicant’s qualifications, such as educational degrees, work experience, and any other supporting documents that prove eligibility for the chosen employment-based category. This step also includes providing evidence of the employer’s ability to pay the offered wage.

Step 4: Wait for Priority Date to Become Current

After filing the Form I-140 petition, applicants must wait for their priority date to become current before they can move forward with the green card process. The priority date is the date USCIS receives the Form I-140 petition, and it determines when the applicant can apply for permanent residency.

Each year, the U.S. government allocates a limited number of employment-based green cards, so applicants from countries with high demand (like India or China) may experience long waiting periods. The Visa Bulletin, published monthly by the U.S. Department of State, provides information about the availability of green cards and when applicants can proceed with their applications.

Step 5: Apply for Adjustment of Status (If in the U.S.)

If the applicant is already in the U.S. and their priority date becomes current, they can file for Adjustment of Status to become a lawful permanent resident.

• Form I-485 (Application to Register Permanent Residence or Adjust Status) is used to apply for a green card. This form can be filed if the applicant is in the U.S. on a valid nonimmigrant visa (such as H-1B or L-1) or in another legal status.
• Along with the Form I-485, applicants must submit supporting documentation, including proof of identity, medical examination results, and evidence of the applicant’s admissibility to the U.S. (e.g., criminal background check, security screening).

Once the I-485 is filed, USCIS will schedule an interview (in most cases), where the applicant will be asked about their background and qualifications. Afterward, if the application is approved, the applicant will be granted a U.S. Employment Green Card.

Step 6: Consular Processing (If Outside the U.S.)

If the applicant is outside the U.S., they will go through a process known as consular processing. After the Form I-140 petition is approved, the applicant must complete the immigrant visa application process at a U.S. consulate or embassy in their home country.

The applicant will need to attend an interview at the consulate, and they must provide supporting documents, such as a valid passport, police certificates, and medical records. If the application is approved, the applicant will receive an immigrant visa that allows them to enter the U.S. as a permanent resident.

Step 7: Receive Your Green Card

After the I-485 application is approved or after the immigrant visa is issued through consular processing, the applicant will receive their Green Card. At this point, they are considered a lawful permanent resident and can live and work in the U.S. indefinitely.

Final Thoughts

The process of obtaining a U.S. Employment Green Card can be lengthy and complex, depending on various factors such as your employment type, country of origin, and the specific category you qualify for. It is important to ensure that all steps are followed carefully, and it may be wise to consult with an immigration attorney to guide you through the application process. While the path to a green card may take several months or years, the end result is a valuable opportunity for those looking to live and work in the United States on a permanent basis.