What are the requirements for obtaining an employment-based green card in the United States?
As an employment-based immigration lawyer, I can provide you with the necessary legal requirements for obtaining an employment-based green card in the United States.
To obtain an employment-based green card, there are several steps you need to take. Here are the general requirements:
- Job offer from a U.S. employer: You must have a job offer from a U.S. employer who is willing to sponsor you for a green card. The employer must file Form I-140, Petition for Alien Worker, with the United States Citizenship and Immigration Services (USCIS).
- Labor certification: For most employment-based green card categories, you must obtain an approved labor certification from the Department of Labor (DOL). The labor certification process requires the employer to show that there are no qualified U.S. workers available to fill the position being offered to the foreign worker.
- Qualifying employment: You must have a qualifying job that matches the requirements of the employment-based category under which you are applying. There are five employment-based categories for green cards, and each category has specific requirements.
- Priority date: Your priority date must be current. This is the date when the employer files Form I-140 with USCIS. USCIS publishes a monthly Visa Bulletin which provides the cut-off dates for each employment-based category. If your priority date is current, it means that there are visas available for your category, and you can proceed with the next steps.
- Adjustment of status or consular processing: If you are already in the United States, you can apply for adjustment of status (Form I-485) after the employer's Form I-140 is approved, and your priority date is current. If you are outside the United States, you will need to apply for an immigrant visa at a U.S. consulate or embassy through consular processing.
- Supporting documents: You will need to submit supporting documents to show that you meet the requirements of the employment-based category under which you are applying. The requirements may vary depending on the category and your personal circumstances.
It is important to note that each employment-based immigration category has its own specific requirements and limitations, and the application process may be complex and time-consuming. It is highly recommended that you consult with an experienced immigration attorney who can guide you through the process and help you prepare a strong application.
If you have any questions or concerns about the employment-based green card process, please do not hesitate to seek legal advice from a licensed attorney.