What are the requirements for obtaining a Green Card through employment-based immigration?
As a lawyer, I can advise that there are several requirements that must be met in order to obtain a Green Card through employment-based immigration. The specific requirements that apply will depend on the category under which the applicant is seeking to immigrate.
Firstly, the applicant must have a job offer in the United States from a U.S.-based employer, and the employer must have obtained certification from the U.S. Department of Labor (DOL) confirming that there are no U.S. workers available and qualified to fill the position.
The applicant must also meet the specific requirements for their employment-based immigrant category. There are five employment-based immigrant categories, each of which has its own set of eligibility criteria. These categories are:
- EB-1: Priority Workers - includes individuals with extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors or researchers; and multinational managers and executives.
- EB-2: Professionals with Advanced Degrees or Exceptional Ability - includes individuals with advanced degrees (higher than a bachelor's degree) or exceptional ability in the sciences, arts, or business.
- EB-3: Skilled Workers, Professionals, and Other Workers - includes individuals with at least two years of experience or training in a skilled profession, individuals with a bachelor's degree or the equivalent in a professional position, and other workers whose services are required in the U.S.
- EB-4: Special Immigrants - includes certain religious workers, certain employees of U.S. foreign service posts, and other special immigrants.
- EB-5: Investors - includes individuals who invest at least $1 million (or $500,000 in targeted employment areas) in a new commercial enterprise in the U.S. and create or preserve at least 10 full-time jobs for U.S. workers.
In addition to meeting the specific requirements for the chosen employment-based immigrant category, the applicant must also go through a rigorous application and approval process that includes the submission of various forms, supporting documents, biometrics, and an interview with a USCIS officer.
It is important to note that obtaining a Green Card through employment-based immigration can be a complex and time-consuming process, and there may be potential limitations or exceptions to the advice given depending on the individual's specific situation. Therefore, it is advisable to seek the guidance of an experienced immigration attorney who can provide tailored advice and further action if necessary.