Employment Based Green Card
In this part of our green card guide we tackle the employment based green card. If you are the employer located in Montana, North Dakota or Wyoming, and want to sponsor an employee for permanent employment, we can help you. Please keep reading for more information, or contact us.
Employment Based Green Card Categories
An employment based green card is like family preference immigration in that five preference categories provide avenues to those with employment skills to pursue an employment based green card. These preference categories range from those with exceptional and unusual skills in the arts and sciences in the first preference category to those with large sums to invest in the United States to create employment in the fifth preference category.
In the middle of the employment based green card categories are categories that focus on the level of education the employer requires for the position. The second preference category is for those that have skills associated with a Masters degree or above. The third preference category requires a bachelors degree or above. To complete the five categories, the fourth preference is designated for special religious workers.
The third preference category is unusual in the sense that it establishes that a job that requires two years of experience and no education is also placed in the third preference category. It is also unusual in that it is split. Jobs that need from two years down to zero experience are also classified in the third preference. The Visa Bulletin that tracks the wait for preference category to become current reports the bachelors degree or two years experience and less than two years experience separately.
Employment Based Green Card Process
Most employment based green card processes involve three steps. In the first step the employer pursues a labor certification through the PERM process. The Department of Labor (DOL) uses the PERM process to determine whether any minimally qualified workers presently eligible to work are ready, willing and able to perform the job duties. Assuming that the employer does not get any applicants, DOL certifies the vacancy.
Filing for the Immigrant Visa
During the second step, the United States Citizenship and Immigration Services (USCIS) checks to see whether the employer has enough funds to pay the prospective employee. USCIS also checks that the employee meets the employer’s requirements for the position. If the employer meets the burden, the USCIS approves the petition.
Collecting the Immigrant Visa: Adjustment of Status or Consular Processing
In the third step, the employee applies for the immigrant visa. If the employee is in status and in the United States, the employee may request adjustment of status. If the employee is not in the United States, he or she would use consular processing to obtain an immigrant visa and return to the United States. Once submitted to the United States, employee can take up employment with the employer.
How We Can Help
We can help an employer work through the entire employment based green card process. Sometimes employers need help understanding whether starting the permanent processes the correct step. Once the employer decides this is the right process, we are very familiar with all three steps of employment based green card. If you would like to sponsor an employee, please contact us.