Facts About Employment Based Green Cards

Published: January 19, 2023

At least 17.4% of US laborers are immigrants. They scattered in various blue-collared construction, agriculture, fashion, transportation, and personal services jobs. In addition, they are prominent in white-collar positions, especially in medical and tech fields. Without a doubt, immigrants are integral parts of the country’s working force.
Most of the working immigrants in the US have better opportunities and earning capacities than other countries. As years pass, more people become interested in finding a job in the United States. If you are one of them, ALG Lawyers have specialized services to improve your application experience. We are here to assist you.

5 Employment-Based Green Card Categories

Foreign workers may acquire an employment-based green card through five (5) “preference immigrant” categories. Study the following and figure out which category suits your needs and preferences the most:

EB-1 Visa: Priority workers

The EB-1 visa is the green card for employment-based immigrants the law reserved for priority workers. To be eligible for the first preference visa, the applicant should either be a non-citizen with:

• Extraordinary ability
• Outstanding professor or researcher
• Multinational manager or executive

The approval an applicant’s EB-1 visa enables their spouse and unmarried minor children to also apply for permanent residence.

EB-2: Advance degree holders and those with exceptional abilities

The EB-2 visa is a green route for applicants holding an advanced degree or its equivalent, or those with exceptional abilities.
Applicants with an advanced degree or its equivalent should present official academic records. Also, they must acquire recommendations from employees proving they have at least five (5) of progressive post-baccalaureate work experience in their specialized field.
For applicants with exceptional abilities, they should satisfy at least three (3) of the criteria set by the USCIS. Please coordinate with an EB-2 attorney to discuss these details.

EB-3: Skilled workers, professionals, or other workers

The third preference for employment green cards cover skilled workers, professionals, and other workers. Skilled workers should be entering an employment that is non-seasonal and requires least two years training or experience. For professionals, their jobs should require a US baccalaureate degree or its equivalent. Lastly, other workers pertain to employees whose job require less than two years of training or experience of unskilled labor. Applicants for these categories should possess a labor certification and a permanent, full-time job offer.

EB-4: Special immigrants

The special immigrants covered in the EB-4 visa includes the following:

• Religious workers
• Special Immigrant Juveniles
• Broadcasters
• Retired G-4 international organization workers
• NATO-6 civilian employees and their family members
• Employees of the US government living abroad and their family members
• Members of the US armed forces;
• Workers employed by the Panama Canal Company or government workers employed in the Canal Zone
• Licensed and practicing physicians as of Jan. 9, 1978
• Non-US citizens who provided crucial information pertaining to criminal, terrorist, or similar organizations and operations

EB-5: Immigrant investors

EB-5 visa applicants should invest in a new commercial enterprise. This enterprise can either be a:

• Sole proprietorship
• Limited or general partnership
• Holding company and its wholly owned subsidiaries
• Joint venture
• Corporation
• Business trust
• Limited liability company
• Publicly or privately-owned entities

Notably, EB-5 investors must establish that they are the legal owner of the capital invested.

How Long Is Employment-Based Green Card Valid?

The standard green card expires every ten years. In some cases, like investor visa holders, their green cards may not automatically have a ten-year validity. At first, they will be considered conditional permanent residents. Their visas will be valid for two years. To become a 10-year permanent resident, they should remove the conditions attached to their visas.

Adjustment of Status

Adjustment of status is the procedure enabling non-citizens to apply for green card status when present within US. Through it, applicants may no longer leave the country to transition into a lawful permanent resident.
To be eligible for adjustment of status, applicants should be:

• Physically present in the US
• Eligible for an immigrant visa
• Existing job offer
• Adjustment of status bars are not applicable to you
• Inspected and admitted by an immigration officer

USCIS officials will determine if you need to undergo an interview. If the officer sets a schedule, please attend and you will need to answer questions under oath or affirmation.

Inadmissible Applicants

Some applicants are may not become eligible for an adjustment of status. Here are examples:

• Crewmen (D-1 or D-2 non-immigrants)
• Non-citizens admitted in transit without visas (C-1, C-2, and C-3 non-immigrants)
• Non-immigrants without a visa under a visa waiver program
• Non-citizens admitted to the United States as an informant of terrorist or criminal activity (S non-immigrants)
• Non-citizens removable for engagement in terrorist activity
• Non-immigrant fiancé(e)s of US citizens
• Conditional permanent citizens

While ineligible, it does not mean that these people are forever banned to adjust their statuses. They may need to fulfill specific conditions to transition into a green card holder. For example, fiancé(e)s of US citizens should marry their partner to qualify for the adjustment of status.

DOL Labor Certification

In addition to having a job offer, employment-based green cards may require applicants to qualify for a labor certification from the U.S. Department of Labor (DOL). The employer, who acts as the applicant’s sponsor, will obtain such a certification.
The DOL labor certification guarantees the following information:

• There is a lack of available, qualified, and willing US workers to accept the offered job position at the prevailing wage
• Employing foreign workers will not negatively affect the wages and working conditions US workers

Family Sponsorship

Spouses and unmarried children under 21 years old of employment-based green card principal applicant may also apply for a Green Card as a derivative applicant.

Coordinate with the Finest Los Angeles Employment Visa Lawyers

Finding and maintaining a job in the United States can be a life-changing opportunity. If you need assistance with your US employment visa, ALG Lawyers is constantly ready to be at your service. Our team of dedicated employment visa lawyers will evaluate your case and suggest the most appropriate solutions.
If it is your first time working with an immigration attorney, we understand your worries and doubts. Allow us to clarify any queries and provide you with substantial explanations. Our Los Angeles immigration law firm works hard to meet clients’ ever-changing needs and expectations. We are resolute in delivering the best legal services possible.