Employment Based Green Card

Permanent Residents or Green Card holders are authorized to live and work permanently in the United States. United States offers green cards to people in various ways and one of them is the employment based Green Card. In general, this means that an individual will be able to get a green card based on the fact that he or she has a permanent employment opportunity in the United States.

Generally, a sponsor is required to apply for an employment based green card. Wherever a job offer is mandatory for sponsoring the green card, it is for the future job that the employee will do after he or she obtains the green card. Hence it is possible for an employer to sponsor for a green card even if the employee is not working with them currently. There are few categories where a sponsor is not required. There are many people who are already in the United States working for the sponsoring employer with H1 or L1 visas when the green card application is filed.

Who may file?

Getting an employment based green card is a multi-step process. The sponsor must file the Form I-140 to sponsor the employee for a green card. The employer or the sponsor may file the petition for the following:

• An outstanding professor or researcher with at least 3 years of experience in teaching or research in the academic area,
• A person who has been employed in the area of a primary managerial or executive capacity for one year by a legal firm, corporation or other legal entity and who is willing to work in the United States for the same employer or subsidiary.
• Individuals with exceptional ability in the sciences and arts, or an individual having an advanced degree, who will benefit the national economy or the welfare of US
• Individuals who has skills to perform the labor in US where there are no qualified workers for that occupation in the US.
• An unskilled worker to perform the labor in US where there are no qualified workers for that occupation in the US.

If the sponsor or the employer is an individual, then the sponsor must personally sign the form I 140. If the sponsor is below 14 years then the sponsor’s legal guardian must sign the petition. If the sponsor is not an individual and if the sponsor is a legal entity or a corporation, then the employee of the concern, who has knowledge on the facts involved in the petition, must sign the petition.

Along with the petition the supporting documents must be sent to USCIS. One of the major document is the Labor Certification. This certification must be obtained before filing the form I-140 to prove that there are no skilled workers available or willing in US at the time or places of employment of the immigrant. If qualified workers are available then must prove that immigrant’s employment in the occupation will not affect the wages and working conditions of the workers in US.

What is the Purpose of Form I-140?

If you are one among those who wish to work in the US permanently, then here we go. Not many know the fact that they can be sponsored a green card by an employer. The form I-140 is a petition filed by the US employer for a foreign national to work in the US on a permanent basis. Form I140 can also be used to self petition by some highly qualified foreign professionals.

Documents that Accompany Form I-140:

Generally Form I-140 is filed by the US employer and is usually the second step in the green card process. For most cases the labor certification must be approved. The labor certificate should certify that there are no US workers qualified to do the job where the alien is presently working and if qualified that the wages of the employed US workers will not be affected .

The employer should prove that he is in good financial position and can provide enough salary as advertised for the job. The following documents should be provided along with the completed form I-140 application.

• Labor certification that is approved

• A financial statement proving that the employer’s financial position

• Employee’s experience letters at the previous employments from the concerned employers

• Degree certificates, qualification certificates and other documents proving the educational qualification.

• The required fees along with the filled form I 140

The visa petition when submitted to the USCIS should always include details of whether the petition from the beneficiary is being filed at an American Consulate for an immigrant visa or whether the beneficiary will apply for an adjustment of status with the USCIS.

Once the application is completed it has to be mailed along with the necessary supporting documents to the USCIS. After the USCIS receives the form I-140 petition, an Application Receipt Notice will be sent which will have a file number to the case. This receipt is proof or an acknowledgment that the USCIS has received your petition. On approval of the petition by the USCIS an Approval Notice will be issued which is an assurance that the petition is approved by the USCIS and then comes the green card process.

Though the application is approved, it does not change the non immigrant status of the applicant. The status will remain the same as before the petition was approved. The petition’s approval relies on the applicant’s job and if there is a change in the job a new form I140 is required. The beneficiary of this approved petition will then have to apply to adjust status or for an immigrant visa.

Further, a major advantage is that Form I-485 can be concurrently filed with form I-140. If the form I 140 is filed already with the application notice, form I-485 can be filed along with Employment authorization and Advance parole. The option of E filing is also available while filing the form I-140 in which case it will automatically be sent to appropriate Service Center. Once the from I 140 is accepted, it will be checked for completeness and in case of any incomplete information there is a possibility of denial of the application.

Getting a petition approved is not a big task, but the follow up tasks are much more important for which a proper guidance is essential. With proper direction the process can indeed be more faster and easier as well.

How to Petition an Alien Worker for a Green Card in the US?

You have the ambition to work in the US and thereby settle in the US! Well, you can fulfill your ambition by following the right path. You can sponsor a foreign national and allow him to attain his permanent residency as an employer,for which you have to file a petition. The petition filed is Form I-140 which is the Immigration Petition for Alien worker.

Most people obtain green cards either through family based or through employment. Basically getting a green card has the possibility of having permanent employment in the US. One such method is by filing the immigration petition where an employer is required to sponsor. There are few others where the employer is not required to sponsor.

Who should file form I-140:

The form I-140, Petition for Alien Worker can be filed by the US employer for

• The outstanding researcher or professor who has at least three years of experience in the field of education establishing himself in research and teaching which have achieved accomplishments in the academic field
• An alien who has achieved executive position in the firm for at least one year and wishes to render services to the same
• An alien who has extraordinary skills which will benefit the economy of the US thereby helping in the welfare of the US as well.
• A skilled worker with at least two years experience in the respective skill and to perform labor for the qualified workers.
• An unskilled worker with less than two years of specialized training and to perform labor for the qualified workers
• A member of professions with degree of baccalaureate (preaching)

Sponsoring a green card with respect to job offer will entitle one to get a permanent job in the future after getting the green card. So it is not necessary that the beneficiary has to work presently for the employer in order to sponsor the green card. Before filing the form I-140,the employer must file for the labor certification with the Department of labor,which certifies that no US workers are qualified or willing to work for which the alien will do for them. After approval of the labor certification,the immigration petition is filed by the employer. Form I-140 and Form I-485 can be concurrently filed if the priority date is current .The Department of State gives immigration visa number only when the priority date is current. The priority date is the date the Department of labor receives the application in cases if the application is based on the labor certification. The non immigrant status of the applicant does not change though the I-140 is approved.

The Evidence documents include the completed Form I-140, approved labor certification,evidence that the employer is able to pay the wages like the annual reports, bank account records etc, job experience letters from the employers and other documents proving the qualification of the job should also be submitted.

Getting the employment based green card is not an easy job. The foreign worker himself cannot file Form I-140. Submission of the falsified documents along with the application will lead to crime and the application will be denied and worst cases the applicant will be deported.

What is Form I-485?

Form I-485 is the application form to register permanent residence or adjustment of status . This is filed by an individual or a non US citizen to obtain permanent resident status in the US. Form I-485 is for the non US citizens who are in the US and are eligible to apply for the green card based on sponsorship by a family member, employer or based on their refugee/asylee status.

Adjustment of immigration status:

Applying for I-485 or adjustment of status is a very complex process and should be followed per the USCIS guidelines. This process is the final stage of getting a green card. Once this stage is completed, the individual becomes a legal permanent resident. There are two options for an individual to apply for immigrant status. If the applicant is residing in the US, he/she can apply using the form I-485 and if outside the US he/she apply at the US Consular office at the home country.

Eligibility for filing form I-485:

While residing in the US one can go ahead filing the Form I-485 if one or more of the following is applicable,

• On the basis of approved immigration petition or filing concurrently.
• Based on the derivative status for spouses and children: If spouse or child is in the US, they can file along with the principle or after.If spouse or child is outside the US, the person adjusting the status should file form I-824, which is the application for action on the approved petition or application.
• Based on the finance visa admission to the US and subsequently marrying within 90 days of your entry and if admitted as the K-2 child of such a fiancé(e), you may file form I 485 to adjust status based on your parent’s adjustment.
• Based on the Asylee/Refugee status.
• Based on the continuous residence, residing in the US since January1, 1972.
• Based on the Cuban nationality/citizenship.
• Based on the change of date from which the permanent residency began.

Required documents while filing form I-485:

The following are the list of documents submitted while filing from I-485 application

• Copy of the birth certificate
• Copy of the passport
• Recent photographs
• Copy of your I-797 Notice of Action, for the approved I-140, Immigrant Petition for Alien Worker
• Evidence of relationship like the joint lease, joint mortgage, etc
• Form G-325A, Biographic Information
• Employment letter
• Copies of the marriage certificate or divorce decrees or criminal records (if any)
• As an option, Form I-765, Application for Employment Authorization or EAD or Form I-131, Application for Travel Document
• Apart from the above, supporting documents depending on the individual’s case is submitted.

The forms like the I-131 or I-765 filed along with the form I-485 will be processed separately and should be completed with the required documents. Once the USCIS accepts the application, a separate notice of action will be sent for each application filed. Any attempt to falsify the document or submit false document will lead to denial of the application, thereby not allowing one to adjust his/her status.

Green Card Employment Application

Permanent Residents or Green Card holders are authorized to live and work permanently in the US. Most people get their green cards through employment, through marriage or through the green card lottery program. Obtaining a Green Card through work is less favored by most people as the employee needs an employer in the US to petition for them.

Green Card through employment:

There are various categories where an individual may obtain a Green card through work.

• Green Card through job offer

• Green Card through investment,

• Green Card through Self Petition, and

• Green Card through special categories of jobs

Green Card through job offer:
If an individual wishes to obtain a Green Card through work he/she needs to find a job offer in United States which is relevant to his/her educational qualification. If the individual is offered the job, then the US employer must sponsor the individual. The US employer must file a petition to sponsor the individual in the immigration process. The petition works as an authorization that the individual will be employed on entering US. This category might require a letter from the Department of Labor to prove that the individual is skilled for the job and no American is displaced by the individual.

Green Card through investment:
If the individual wishes to obtain a Green Card though investment then he/she needs to invest in an enterprise that would create new jobs in US.

Green Card through Self Petition:
Some people may petition for themselves if they fall under the category called Aliens of Extraordinary Ability where the applicant has extraordinary ability in sciences, business, athletics or education. In this case the applicant must provide documents of proof that their awards of excellence have been recognized internationally.

Green Card through special categories of jobs:
This is a category where the individual may get a green card based on his/her past or current job. In these cases if the individual is not able to adjust the status inside US to Permanent Resident, then the immigrant petition can be sent to the US Consulate abroad to complete the process.

Process:
Obtaining a Green Card through work is a multi – step process where it takes a longer time for the petition to be approved. Once the petition has been filed, the first step is obtaining the Labor Certification. Once it is approved, the individual’s US employer must file form I 140, Immigrant petition for Alien Worker. The second step is Adjustment of Status in United States or Consular processing. If the applicant is in US he/she may apply for Adjustment of Status. If the applicant is abroad, he/she may go through consular processing. If the petition for Green card through work by the US employer has been approved, USCIS will forward the approved application to the Department of State’s National Visa Center and will notify the US employer about the approval of the petition. This might take 15 to 24 months or even longer than that depending on the priority date of the applicant.