How To Apply for Immigrant Status Based on Employment

Thousands of foreign nationals every year go through the journey of becoming lawful permanent residents of the United States. This transition from a nonimmigrant to a permanent resident is more than just an adjustment of status. For most, it signifies an important milestone representing stability and the opportunity to live, work, or study in the United States. It offers the chance of family reunification, long-term employment, and, eventually, U.S. citizenship.

Navigating this path involves understanding the complex rules of U.S. immigration laws. The rules may vary by visa category. For instance, those filing a green card application in the U.S. need an adjustment of status. Meanwhile, foreign workers processing their visas in their home country must undergo consular processing.

This article provides an overview of how to apply for employment-based green cards. You can also consult an immigration attorney for targeted legal advice. The rules, deadlines, and documentation requirements for this process are complex. An attorney can help you avoid mistakes that could delay or derail your employment in the U.S.

The Benefits of a Green Card for Foreign Employees

Securing lawful permanent residency (LPR), or a green card, is an important milestone for most foreign employees in the United States. It is a significant shift in their personal and professional lives, as green card holders can live and work permanently in the country. This opens the opportunity and various benefits, which include the following:

• Job security and career mobility. Compared with a particular employment-based immigrant visa, a green card does not limit you to working with a specific employer. This allows greater flexibility for work opportunities and professional growth. It also enables you to explore diverse roles across industries without visa constraints.
• Broader range of employment benefits. Green card holders can use a wider range of employment benefits. This includes retirement plans and other benefits often reserved only for U.S. citizens and permanent residents.
• Family reunification. A green card holder may also sponsor their immediate family members, such as spouses and children, to join them in the United States.
• Opportunity to apply to become a naturalized U.S. citizen. After meeting residency requirements and other criteria, a permanent resident may apply for U.S. citizenship through naturalization. This change grants them all the rights and responsibilities of a U.S. citizen. Employment-based immigrant visa holders can’t use this immigration benefit.

Which Visa Categories Can Get a Green Card?

Not all visa categories offer a path to permanent residency. U.S. immigration laws categorize these visas through employment-based preferences.

USCIS has five categories of employment-based immigration status. Below is a list of preference categories:

First preference (EB-1) — priority workers

• People with extraordinary ability in the sciences, arts, education, business, or athletics
• Outstanding professors and researchers
• Certain multinational managers and executives

Second preference (EB-2) — People who are members of the professions holding advanced degrees or have exceptional ability (including requests for national interest waivers)

Third preference (EB-3) — S

Fourth preference EB-4: Special immigrants —Religious workers; current and former employees of the U.S. government living overseas

Fifth preference EB-5: Immigrant investors — Those seeking green cards in connection with a new commercial enterprise (annual limit of 10,000)

5 Steps to Becoming a Lawful Permanent Resident in the U.S. Through Employment

Under U.S. immigration laws, an immigrant is a foreign national authorized to live and work permanently in the United States. Becoming a lawful permanent resident (LPR) involves multiple steps. Each requires coordination and attention from the U.S. employer and the foreign worker. The following are the basic steps to observe to get permanent resident status through employment:

1. File an Immigrant Petition

The process starts with the U.S. employer filing an immigrant petition on your behalf. This is a crucial step for most employment-based immigration. The employer submits the petition to U.S. Citizenship and Immigration Services (USCIS). It requires prior approval before the visa application process can proceed. The petition discusses the foreign worker’s eligibility and the U.S. employer’s hiring intent.

2. Labor Certification

Employers file a large number of employment-based immigrant petitions for permanent labor certification. The U.S. Department of Labor approves this certification. Approval occurs after the U.S. employer demonstrates that there are insufficient qualified, able, and willing U.S. workers to fill the position. The certification also requires the employer to attest that hiring the foreign worker will not harm the working conditions or wage rates of similarly employed U.S. workers.

3. Immigrant Visa Number Issuance

After approval of the immigration petition, the U.S. Department of State (State Department) then issues an immigrant visa number. This number signifies your place in the immigrant visa line. Note that the number of visas depends on the yearly numerical limit. Your priority date also varies depending on the employment visa category and country of origin.

4. Adjustment of Status to Permanent Resident

If you are already in the U.S. when the USCIS issues you an immigrant visa number, the next step is to file for a green card. This process is an adjustment of status from nonimmigrant visa to a permanent resident. It requires filing the Application to Register Permanent Residence or Adjust Status (Form I-485). It is a separate process from the application for employment-based visas.

5. Notification From the U.S. Consulate

If you were outside the United States when the visa application started, the U.S. embassy or U.S. Consular office would notify you once your visa number is available. They will then complete processing your immigrant visa. The process includes providing necessary documents and attending visa interviews.

Each step is essential to becoming a permanent resident in the United States. But the process and required documentation may vary by visa category. There are also frequent changes and amendments in U.S. immigration laws, such as the Immigration and Nationality Act. With this in mind, seek legal advice from an immigration lawyer.

For more details on each immigration preference, including examples of documentary evidence and information about the application process, click on the appropriate links below:

• EB-1: Priority Workers
• EB-2: Professionals with Advanced Degrees or with Exceptional Ability
• EB-3: Skilled/Professional Workers
• EB-4: Special Immigrants
• EB-5: Immigrant Investors

Checking the Status of Your Petition

You can check your case status through the USCIS website. The Case Status Online page provides an online tool to help visa applicants track the status of their immigration petition, application, or request. When accessing the site, keep your receipt number near you. The receipt number is the 13-character identifier USCIS gives each applicant.

Appealing an Adverse Decision

You may appeal if your Petition for Alien Worker gets denied. To do so, you must file a Notice of Appeal and the required fee with the appropriate USCIS Regional Service Center within 33 days of getting notice of the denial.

An Immigration Law Attorney Can Help Secure Your Future in the U.S.

The path to permanent residency in the United States through employment can be complicated. The process requires understanding each visa category’s rules and requirements. You must also submit several documents with varying timelines to ensure your application is successful. Because of its complexities and corresponding legal consequences, seek legal advice from an immigration attorney. They can help you understand the immigrant visa process applicable to your case.

FindLaw’s directory of immigration attorneys can get you started. Enter your city or ZIP code for a list of qualified legal professionals in your area. Your search results will also show important details about prospective lawyers, including ratings, languages spoken, and whether they offer free consultations.