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Understanding The US Employment-Based Green Card With An Immigration Attorney In Jackson Heights 

UNDERSTANDING THE US EMPLOYMENT-BASED GREEN CARD

If you are an immigrant looking to move to the US to live and work there for good, the US is a great place to grow your career. Getting a green card makes living and working in the US accessible. To get a green card, you must apply for one. There are several ways to get a green card in the US.

Many immigrants have been able to get green cards through employment-based immigration. If you want to consider this path to a green card, it is so important to connect with an immigration attorney in Jackson Heights. This is especially important if you are an uninformed immigrant, as you may not know which way to go about the application process.

There are many things to consider when applying for a job-related green card. So, hiring an immigration attorney in Jackson Heights to help you through the process is always a great way to start. If you are an immigrant unfamiliar with the employment-based green card process, you first must figure out what you need to do to qualify.

You must also know what category you can apply for and understand the green card application process details. But before you decide to use your job in the US to get a green card, it is essential to keep in mind some tips and guides that we will cover in this post.

General Eligibility for Employment-Based Visa

Getting an employment-based visa is the starting point for getting a green card through a job in the US. But how do you know if you are eligible for a green card? The truth is that the eligibility for an employment-based visa to the US depends on the type of visa you are applying for.

However, there are some general criteria that apply to all kinds of employment-based visas. First, you must have an offer from an employer willing to sponsor your visa application. Then, you need to prove that you are qualified for the job and that no US workers are available.

It would help if you also met specific qualifications, like having the proper education and experience, good health, and good moral character. And finally, you need a valid passport to travel to the US.

Employment-Based Green Card Options

If you are an immigrant trying to get a green card based on your work experience, you must know what categories you can apply for based on your skills. Some of the job-related green card options in the US are:

1. EB-1 option.

People who qualify for an EB-1 option to get a green card are:

  • Those with exceptional skills in arts, science, education, commerce, or sports;
  • Excellent researchers, professors, and
  • Managers and executives of international companies.

To apply for an EB-1 green card, you must provide evidence of your experience for several years.

2. EB-2 option.

If you have an advanced degree and have at least 5 years of working experience, you can apply for an EB-2 green card as a second-priority immigrant. If you have special skills or a certain level of knowledge in science, arts, or business and have labor certifications, you can also explore the EB-2 option.

If you are unsure if you meet any criteria, you can talk to an immigration attorney in Jackson Heights to see if you qualify. An immigration attorney in Jackson Heights can assess your situation and help you decide if EB-2 is the right option for you.

If you don’t have these certifications but have exceptional skills, you can file a petition to request a waiver based on why the work and waiver would be in the US’s interest. But when it comes to this waiver, USCIS usually considers three things when deciding whether to grant it:

  • The work the immigrant wants to do must be both excellent and vital to the country.
  • The immigrant needs to be well-equipped to do the job they want to do.
  • If the request for a waiver is compared with other reasons, it is in the US national interest to give such a waiver.
  • EB-3 option.

Immigrants who are in the EB-3 category will be able to apply for the third preference if they fall under any of the types of workers in the US:

  • Skilled workers – the employer must prove that no other worker in the US can carry out the immigrant’s work, which would be included in the labor certification process.
  • Skilled professionals, or
  • Non-skilled workers (i.e., less than two years’ training or experience).

3. EB-4 option.

This option is for special immigrants. The term special immigrant refers to immigrants who are employed in specific fields, such as:

  • People working for religious bodies;
  • Broadcasters;
  • Workers of international organizations;
  • Members of the armed forces;
  • Employees of the Panama Canal Zone;
  • Immigrants from Iraq assisting the United States;
  • Iraqis/Afghani translators;
  • Medical doctors;
  • Retired employees; and
  • Spouses or children of deceased NATO-6 employees.

Generally, you must not have labor certification to apply for this category. But before you can apply for a green card based on this employment-based category, there are some conditions that you must meet. This will depend on the area you are applying for in this category.

If you want to apply in this category, get in touch with an immigration attorney in Jackson Heights to find out what the specific conditions are for you and how you can apply under this option. This is mainly because the application for this category is different from the general green card application.

4. EB-5 option.

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 Jackson Heights to help you in this regard.

The application process

If an immigrant is already legally in the US, they can usually start the green card application process by filing an I-140, claiming there is a job opening that only the immigrant can fill.  The US Citizenship and Immigration Services (USCIS) can approve the I-140 application.

If you meet all the required conditions, there is no reason why the USCIS will not approve your I-140 application. The US-citizen employer files an I-140 application. At the same time, the immigrant can also file an I-485, an application to register permanent residency or adjust status.

If the immigrant is out of the US, they must go through consular processing after the I-140 is approved. An immigration attorney in Jackson Heights can help with this. An interview with the immigrant might be scheduled before the USCIS makes a final decision.

How long does processing an Employment-Based US Visa and Green Card take?

The processing time depends on several factors, including your home country, the type of visa you are applying for, and your priority date. The average processing time for an EB visa and green card is 6-9 months from beginning to end.

However, the processing time could be much longer if you are from one of the countries with many applicants, like China or India. This is because these countries have annual numerical limitations on the number of EB visas they can issue. These caps are “visa caps” or “per-country limits.”

Even though you have completed all the necessary paperwork and passed all required interviews, you must wait until your priority date is current to receive your green card.

How much does it cost?

If you want to work in the US, you must pay a visa issue fee, a reciprocity fee. It depends on the visa you are applying for and if you are traveling with someone else. You must also pay for processing, medical tests, photos, and other fees.

If you seek an employment-based visa, you must pay for legal services like hiring an immigration attorney and filing fees. Immigration attorneys usually charge per hour, depending on their skills and experience. The application cost could vary depending on how complicated the case is and how long the immigration attorney is working on it.

Some employers may even help you pay for these legal costs if you apply for an EB visa and green card.

Get help!

If you are an immigrant employee, you know how hard it can be to get an employment-based visa and green card. It can be overwhelming to figure out how to apply according to the guidelines, so it is essential to get in touch with an experienced immigration attorney in Jackson Heights.

This will help you enjoy a smooth and successful application. That is where Gehi and Associates come in. Our team of experienced immigration attorneys has helped many clients get their employment-based visas and green cards under different categories. We would love to help you. So, book an initial free consultation today.

FAQs

1. What should I do to get an EB visa?

There are lots of different kinds of employment visas in the US. Each one has its requirements, so it is a good idea to talk to an immigration attorney to be sure you are doing what you are supposed to do to get an EB visa. They will explain everything you need to know.

2. Which employment-based option should I explore to get a green card?

This depends on different things, like how much time you want to work in the US, what kind of job you want, and more. That is why you should let an immigration attorney take a look at your case and help you.

3. What should I do if I always face application denial?

If you are not already working with an immigration attorney, you should get one to help you file review petitions, appeals, motions to reopen, fight claims based on new facts, or file asylum petitions (if it is your only option to stay) as needed.

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