Employment based green card | Immigration attorney nyc | immigration attorney Brooklyn

Guide To Obtaining An Employment-Based Green Card

The United States (US) is one of the most attractive destinations for immigrants intending to permanently relocate from their home country to live and work in the US as a permanent resident. Although there are several ways of achieving this intention, one of the most viable ways is through an employment-based green card. Several immigrants have successfully obtained employment-based green cards with the help of an immigration attorney in Brooklyn.

The relevance of connecting with an immigration attorney in Brooklyn during the application process for an employment-based green card is enormous, as uniformed immigrants cannot successfully benefit from this route of obtaining a green card. A lot is involved in obtaining an employment-based green card, and the complexities involved in the application process are better assessed by an immigration attorney in Brooklyn.

The first challenge an uninformed immigrant seeking an employment-based green card will face is identifying the requirements to be eligible for an employment-based green card, knowing the category he can apply under and understanding the intricacies involved in the application process.

Regardless, before making a decision on initiating an application for an employment-based green card, it is imperative you take note of certain guides and tips that will be highlighted in this post.

Categories of an Employment-Based Green Card

An immigrant seeking to obtain an employment-based green card must be well informed of the different categories they can apply under depending on their working skills. These categories are:

  1. EB-1 – first preference – those falling under this category are:
    1. persons with extraordinary skills,  arts, sciences, education, business, or athletics
    2. Researchers and professors who are outstanding
    3. Managers and executives of multinational companies.It is important to note that in order to be eligible to apply for an employment-based green card under EB-1, the application must be supported by relevant documents showing the experience of the immigrant for a relevant number of years.
  2. EB-2 – second preference – immigrants may apply under this category where:
    1. They hold advanced degrees which must be accompanied by relevant working experience for more than 5 years(or)
    2. They have exceptional skills or a certain level of expertise in sciences, arts, or business and meet any of the labor certifications. To know if you meet any of the labor certifications you can contact an immigration attorney in NYC to assess your situation and make that determination. Interestingly, where you do not meet any of the labor certifications, an immigration attorney in NYC can help you request, through a petition, for a waiver of this requirement for labor certification on the grounds that the immigrant’s work and the waiver are in the national interest of the US.

However, in granting this waiver, based on national interest, the United States Citizenship and Immigration Services (USCIS) usually have recourse to three factors: the immigrant intended work must have both substantial merit and national relevance, the immigrant is well equipped to carry out the work, and balancing the request for waiver with other consideration, it would be in the interest of the US to grant the waiver.

     3. EB-3 – third preference – immigrants will be eligible under this category where they are generally:

  1. Skilled workers – the employer has to demonstrate that no other employee in the US can execute the work of the immigrant which would form part of the labor certification process.
  2. Skilled professionals (or)
  3. Other workers who are not skilled (i.e. with less than two years of training or experience).

    4. EB-4 – Certain Special Immigrants – The immigrants that fall under this category are those workers in specified areas such as:

  1. Religious workers
  2. Broadcasters
  3. Employees of International organizations
  4. Those in the armed forces
  5. Employees of Panama Canal Zone
  6. Immigrants from Iraq who have helped the US
  7. Iraq/Afghan translators
  8. Medical doctors
  9. Retired employees of NATO-6 and
  10. Spouses and children of deceased employees of NATO-6.

Generally, labor certification is not required from immigrants under this category. However, before immigrants will be granted an employment-based green card under this category, certain conditions, depending on the specific area the immigrant is seeking to apply under in this category, must be met. If you wish to apply under this category, contact an immigration attorney in NYC to identify the specific conditions that apply to you and how to apply for same, as the application under this category is distinct from the general application for an employment-based green card.

  1.     EB-5 – Immigrant Investor – This category of employment-based green card is strictly for foreigners investing in the US economy. The eligibility and application process for this category of an employment-based green card is in a class of its own, and you may need to contact an immigration attorney in NYC to help you in this regard.

General Application Process

Oftentimes, immigrants applying for an employment-based green card are already lawfully within the US, and in such cases, the application process can generally be initiated by a US citizen employer filing Form I-140 (Immigrant Petition for Alien Worker) stating that there is a job opening which can only be adequately filled by the immigrant, and upon satisfying certain conditions the USCIS may approve same by issuing Form I-797. Concurrently, Form I-485 (Application to Register Permanent Residence or Adjust Status) may also be filed with the USCIS. However, where the immigrant is outside the US, after the approval of Form I-140 (Immigrant Petition for Alien Worker), the immigrant will need to adopt consular processing. An immigration attorney in NYC can advise appropriately in this regard. Before a final decision is made by the USCIS on granting the employment-based green card, an interview might be scheduled with the immigrant.

Get Help

We quite understand that, as a US employer and an immigrant employee, obtaining an employment-based green card can be such a daunting task and it may be overwhelming to assess your situation in line with the relevant application guidelines, that is why it is important you connect with an experienced immigration attorney in NYC or an immigration attorney in Brooklyn for a seamless and successful application.

At Gehi and Associate, our team of experienced immigration attorneys in NYC or immigration attorneys in Brooklyn have helped numerous clients successfully process their employment-based green cards under different categories, and we would be glad to help you. Schedule a free consultation with us NOW, and you will be amazed at the result.