The United States is one of the most attractive destinations for immigrants intending to relocate from their home country permanently. Although there are several ways of achieving this, 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.
A lot is involved in obtaining an employment-based green card. Above all, 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 eligibility requirements. This includes knowing the different categories of employment-based green cards and the requirements for each category.
Regardless, before initiating an application for an employment-based green card, you must take note of certain guides and tips that will be highlighted in this post.
Categories of an Employment-Based Green Card
An immigrant seeking 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:
EB-1 – first preference
– Those falling under this category are:
- Persons with extraordinary skills in arts, sciences, education, business, or athletics
- Researchers and professors who are outstanding
- Managers and executives of multinational companies.
- It is important to note that to be eligible to apply for an employment-based green card under EB-1, the application must be supported by relevant documents showing the immigrant’s experience for an appropriate number of years.
EB-2 – second preference
– Immigrants may apply under this category where:
- They hold advanced degrees, which must be accompanied by relevant working experience of more than 5 years(or)
- They have exceptional skills or expertise in sciences, arts, or business and meet any 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 a waiver of this requirement for labor certification. Such could be because the immigrant’s work and the waiver are in the national interest of the US.
However, in granting this waiver, the United States Citizenship and Immigration Services (USCIS) usually have recourse to three factors:
- The immigrant’s intended work must have both substantial merit and national relevance;
- The immigrant is well-equipped to carry out the work;
- In balancing the request for waiver with other considerations, 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:
- Skilled workers – the employer has to demonstrate that no other US employee can execute the immigrant’s work, which would form part of the labor certification process.
- Skilled professionals (or)
- 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:
- Religious workers
- Employees of International organizations
- Those in the armed forces
- Employees of Panama Canal Zone
- Immigrants from Iraq who have helped the US
- Iraq/Afghan translators
- Medical doctors
- Retired employees of NATO-6 and
- Spouses and children of deceased employees of NATO-6.
Generally, labor certification is not required from immigrants under this category. However, certain conditions must be met before immigrants are granted an employment-based green card under this category. 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.
Undoubtedly, the application under this category is distinct from the general application for an employment-based green card.
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
Often, immigrants applying for an employment-based green card are already lawfully within the US. In such cases, a US citizen employer can generally initiate the application process. The employer files Form I-140 (Immigrant Petition for Alien Worker). The form states that there is a job opening that can only be adequately filled by the immigrant.
The USCIS may approve the petition by issuing Form I-797 upon satisfying certain conditions. Form I-485 (Application to Register Permanent Residence or Adjust Status) may also be filed concurrently with the USCIS.
However, if the immigrant is outside the US, they must adopt consular processing after the approval of Form I-140 (Immigrant Petition for Alien Worker). An immigration attorney in NYC can advise appropriately in this regard.
We quite understand that, as a US employer or immigrant employee, obtaining an employment-based green card can be such a daunting task. Hence, it is important you connect with an experienced immigration attorney in NYC for a seamless and successful application.
At Gehi and Associate, our team of experienced immigration attorneys in NYC has successfully helped numerous clients process their employment-based green cards. Schedule a free consultation with us NOW, and you will be amazed at the result.