Green Card Through a Job
The business immigration attorneys at Heartland Immigration can help you grow your company through foreign expertise and labor. We assist firms in all phases of the process that leads to a green card through work. Turn to Heartland Immigration for support in sorting through the complex U.S. immigration laws that bear on permanent employment of non-U.S. citizens.
EB-2 and EB-3 Immigrant Visas
An EB-2, second preference immigrant visa is appropriate for persons who either hold an advanced degree (or its equivalent) in a profession or who can demonstrate an exceptional ability in the sciences, art or business. In the advanced degree category, the job offered to an individual must require an advanced degree and the person must possess such a degree or its equivalent (a bachelor's degree plus five years progressive work experience in the field). Exceptional ability "means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business."
The third preference immigrant visa EB-3, is for skilled workers, professionals, or "other workers." Skilled workers are persons whose job requires a minimum of two years training or work experience, not of a temporary or seasonal nature. They must be able to demonstrate at least two years of job experience or training. Professionals are persons whose job requires at least a bachelor's degree, and are a member of the "professions." The "other workers" category is for persons performing unskilled labor requiring less than two years training or experience, not of a temporary or seasonal nature. For all three categories, the job at issue must be one for which qualified workers are not available in the U.S.
The immediate relatives of a person who receives an EB-2 or EB-3 visa – spouse and unmarried children under age 18 – can also receive immigrant visas and then green cards as derivatives of the primary beneficiary (the employee).
How the Application Process Works
An employer starts the application process by seeking a labor certification, on ETA Form 9089, from the Department of Labor. The purpose of this is to ensure that there are not sufficient U.S. workers able, willing, qualified and available to accept the job opportunity in the area of intended employment, and also to ensure that employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers. This can be a complicated, costly and timely endeavor.
Once the labor certification is approved, the employer sends a copy of it along with a petition, Form I-140, Petition for Alien Worker, to USCIS. If USCIS approves the petition, the employee must apply for an immigrant visa at the U.S. embassy or consulate in their country. This means filling out Form DS-230 Application for Immigrant Visa and Alien Registration, and submitting extensive documentation, including the results of a medical examination. The person then goes to the embassy or consulate for a visa interview. Once the visa is granted, the individual can travel to the U.S. and begin working. A green card will be mailed to the person once they are in the U.S.
Employers should note that it can take a very long time for a worker abroad to receive the immigrant visa that will allow them to travel to the U.S. and begin the job. For persons in the second preference category who will receive an EB-2 visa (Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability), the wait may be as little as around a year. But for those in the third preference category who will receive EB-3 visas (Skilled Workers, Professionals, and Other Workers), the wait time is likely to be five years or more, depending on country of citizenship, due to backlogs and a cap on the number of persons who can receive this type of visa each year.
Give us a call today to learn more about how we can help you get a K-1 fiancé visa:
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