Employment-Based Green Cards - Application process

The application process for an employment-based green card involves several detailed steps. Here’s a comprehensive guide to navigating the process:

1. Determine Eligibility

Before starting the application process, ensure you meet the eligibility criteria for the specific employment-based (EB) green card category:

• EB-1: Extraordinary ability, outstanding professors/researchers, or multinational managers/executives.
• EB-2: Advanced degree professionals or individuals with exceptional ability, including those applying for a National Interest Waiver (NIW).
• EB-3: Skilled workers, professionals, or unskilled workers.
• EB-4: Special immigrants, including religious workers and certain international organization employees.
• EB-5: Investors who make a qualifying investment and create jobs.

2. Labor Certification (If Required)

Labor Certification is required for most EB-2 and EB-3 applicants, though not for EB-1 or EB-2 NIW categories.

• Purpose: To demonstrate that there are no qualified U.S. workers available for the position.
• Process:
  1. Employer Recruitment: The employer must undertake a recruitment process to find qualified U.S. workers.
  2. Filing: The employer files Form ETA-9089 with the Department of Labor (DOL).
  3. Approval: Once approved, the labor certification is valid for six months.

3. File Form I-140 (Immigrant Petition for Alien Worker)

• Purpose: This form is filed to establish that the foreign national meets the requirements for the EB category they are applying under.
• Filing:
  • Who Files: Generally, the employer files Form I-140, but certain categories (like EB-1A and NIW) allow self-petitioning.
  • Documentation: Provide supporting evidence, such as job offers, proof of qualifications, and the approved labor certification (if applicable).
• Form: Form I-140

4. Monitor Priority Date and Visa Bulletin

• Priority Date: The date USCIS receives your Form I-140 petition. It determines your place in line for a green card.
• Visa Bulletin: Published monthly by the Department of State, it shows the availability of green cards based on priority dates and visa categories. Check it to know when you can proceed with the next step.

5. Adjustment of Status or Consular Processing

If You Are in the U.S.:

1. File Form I-485 (Application to Register Permanent Residence or Adjust Status):
   • Eligibility: Can be filed once your priority date is current.
   • Form: Form I-485
   • Documentation: Provide evidence of your current status, identity, and eligibility, including medical examination results and biometric information.
2. Biometrics Appointment: You will be scheduled to provide fingerprints, photographs, and signatures.
3. Interview: USCIS may schedule an interview to review your application and supporting documents.
4. Approval: If approved, you’ll receive a green card (permanent resident status).

If You Are Outside the U.S.:

1. Consular Processing:
   • Apply for an Immigrant Visa: After Form I-140 is approved and your priority date is current, apply for an immigrant visa through a U.S. consulate or embassy in your home country.
   • Documentation: Provide similar documentation as required for Form I-485, including your medical exam results.
   • Interview: Attend an interview at the U.S. consulate or embassy.
2. Visa Issuance: If approved, you'll receive an immigrant visa to enter the U.S.
3. Entry to the U.S.: Upon entering the U.S. with an immigrant visa, you’ll receive your green card.

6. Receive Your Green Card

• In the U.S.: After approval of Form I-485, your green card will be mailed to you.
• Outside the U.S.: After entering the U.S., you will receive your green card in the mail within a few weeks.

By following these steps, you can effectively manage the process of obtaining an employment-based green card, making sure you meet all eligibility requirements and complete each step in the application process.