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

The process for obtaining a green card through employment sponsorship involves several steps.

Step One: Eligibility

To be eligible for a green card through employment sponsorship, an individual must have a job offer from a U.S. employer. The employer must also complete and file Form I-140, Petition for Alien Worker, with the U.S. Citizenship and Immigration Services (USCIS).

Step Two: Priority Date

Once the Form I-140 is filed, the individual receives a priority date. This is the date that the USCIS received the Form I-140. Priority dates are used to determine when an individual can apply for the green card.

Step Three: Adjustment of Status or Consular Processing

If the individual is already in the U.S., they can apply for adjustment of status to obtain the green card. If the individual is outside of the U.S., they must go through consular processing to obtain the green card.

Step Four: Visa Availability

To apply for the green card, there must be a visa available. The priority date determines the individual’s place in line for a visa. When the priority date becomes current, the individual can apply for the green card.

Step Five: Green Card Application

Once the priority date becomes current, the individual can apply for the green card. This involves completing and filing Form I-485, Application to Register Permanent Residence or Adjust Status.

Step Six: Interview

After the green card application is filed, the individual may be required to attend an interview with USCIS. During the interview, USCIS will ask questions to determine whether the individual is eligible for a green card.

Limitations and Exceptions

There are several limitations and exceptions to the above process. For example, certain employment categories may have different requirements or priority dates. Additionally, some individuals may be ineligible for a green card due to criminal history or other issues.

Further Action

If an individual is ineligible for a green card through employment sponsorship, there may be other options available. For example, they may be eligible for a green card through family sponsorship or another type of visa. It is recommended that individuals consult with an experienced immigration attorney to determine their options.