Making The American Dream Attainable

Employment-based Green Cards

On Behalf of | Aug 1, 2022 | Uncategorized |

There are many paths toward becoming a lawful permanent resident of the United States. One of those paths to a Green Card is through employment.

EB-1

The highest priority employment-related immigration is known as EB-1. This designation is for immigrants with “extraordinary ability” in athletics, sports, science, education, art or business, including multinational executives and managers, world-renowned researchers and professors, etc.

EB-2

EB-2 status is for those holding advanced degrees with exceptional ability. Advanced degrees may be in science, education, art or business.

EB-3

The third preference is given to skilled workers and professionals. Like the EB-1 and EB-2, this category includes skills in sports, science, education, art or business.

Adjustment of Status

These Green Card preference categories are referred to as adjustments of status as they are generally for employees and business owners already in the United States on a visa. Local embassies and consulates can help with family preference immigration.

Requirements

The first step is to appropriately file your Form I-485 (Application to Register Permanent Residence or Adjust Status). You must have entered the United States legally and be currently in the United States legally. After you file your I-485, generally, you are immediately eligible for an immigration visa. In addition, the employer that appeared on your Form I-140 (Immigrant Petition for Alien Worker) must still be your employer and you must intend to continue employment with them after the I-485 is approved. If you filed as a self-petitioner on your I-140, then you must still plan to work in the same or similar occupational field on that form.

What if I changed employers?

Section 204(j) of the Immigration and Nationality Act makes an allowance for workers who have changed employers. However, you must provide evidence that your new position is in the same or a similar occupational classification as your prior job. In addition, your original Form I-140 cannot be adjudicated for at least 180 days. And, finally, you must have no other bar to immigrating to the United States.