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What is the process for obtaining a green card through employment?

The process for obtaining a green card through employment involves several steps and requirements. The first step is to obtain a job offer from a U.S. employer who is willing to sponsor the applicant for permanent residency. The job offer must be in a qualifying employment category, which includes professionals, skilled workers, and unskilled workers.

Once a job offer is secured, the employer must file a Labor Certification application with the Department of Labor to demonstrate that there are no U.S. workers available to fill the position. This is a requirement to ensure that foreign workers are not taking jobs that could be filled by U.S. workers.

After the Labor Certification is approved, the employer must file an Immigrant Petition for Alien Worker (Form I-140) with U.S. Citizenship and Immigration Services (USCIS). This form is used to establish that the applicant meets the requirements for the green card category they are applying for.

Once the I-140 is approved, the applicant can apply for adjustment of status or consular processing. Adjustment of status is available to those who are already in the United States, while consular processing is used for those outside the U.S.

During this process, the applicant must also pass a medical examination and undergo a background check. If the applicant is found to be admissible and all requirements are met, they will be granted a green card.

Potential limitations or exceptions to this process include certain immigration policies of the current administration or changes in immigration laws. Due to these potential limitations or exceptions, it is recommended that applicants consult with a licensed immigration attorney to ensure their eligibility and to guide them through the process.

In summary, obtaining a green card through employment involves securing a job offer, obtaining a Labor Certification approval, submitting an I-140 application, passing a medical examination and background check, and either applying for adjustment of status or consular processing. It is important to consult with a licensed immigration attorney to ensure eligibility and navigate any potential limitations or exceptions to the process.