Green Card Employment Based

Green Card Employment Based

If you are already lawfully inside the US or have an employer who is willing to offer you a fulltime and permanent position, you may qualify to obtain your green card under employment based petitions.

When it comes to employment based petitions, applicants are already general inside the US. These petitions can be broken down into five main categories.

 

Categories of Employment Based Green Card Applications

There are many different types of employment petitions that you may qualify for based on your education, experience, unique situation and intended purpose in the US. Some of these categories require you to first have a job offer and obtain Labour Certification, while others do not.

You will need to determine which category best suits your needs or best reflects your unique situation. The categories under which you can apply include:

  • Priority Workers
  • Professionals and Persons of Exceptional Ability
  • Skilled and Unskilled Workers
  • Certain Special Immigrants
  • Investors

Priority Workers – E1

Labour Certification is not required for this category, which, can be broken down into three sub categories:

  1. Persons with extraordinary ability in the science, arts, education, business or athletics.
  2. Outstanding professors and researchers with at least three years’ experience in teaching or research
  3. Multinational managers or executives who have been employed for at least one of the three preceding years by the foreign company

Professionals holding Advanced Degrees or Persons with Exceptional Ability – E2

This petition usually involves first obtaining a Labour Certification by the Department of Labour and a job offer is required. Applicants under this category may apply for a an exemption, known as the National Interest Waiver, from requiring a Labour Certification if the intended job would be of national interest.

  1. Professionals holding an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree and at least five years progressive experience in the profession.
  2. Persons with exceptional ability in the sciences, arts, or business. Exceptional ability means having a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.

Skilled/Unskilled Workers and Professionals – E3

For the most part, all such applicants in this category will require a job offer and Labour Certification. This category can be further divided into:

  1. Skilled workers - require a minimum of 2 years training or work experience that would be considered full time and permanent.
  2. Professionals - require at least a baccalaureate degree from a U.S. university or college or its foreign equivalent degree.
  3. Unskilled workers - require less than two years training or experience that would be considered full time and permanent.

Special Immigrants – E4

This category does not require any Labour Certification and can be broken down into many different categories. Few applications are made under this category as they are very case specific. Only 7.1% of the yearly worldwide limit of employment based visas is issued under this category. The sub categories are:

  1. Broadcasters in the U.S. employed by the International Broadcasting Bureau of the Broadcasting Board of Governors or a grantee of such organization
  2. Ministers of Religion
  3. Certain Employees or Former Employees of the U.S. Government
  4. Certain Former Employees of the Panama Canal Company or Canal Zone Government
  5. Certain Former Employees of the U.S. Government in the Panama Canal Zone
  6. Certain Former Employees of the Panama Canal Company or Canal Zone Government on April 1, 1979
  7. Iraqi and Afghan interpreters/translators who have worked directly with the United States armed forces or under Chief of Mission authority as a translator/interpreter for a period of at least 12 months
  8. Iraqi and Afghan nationals who have provided faithful and valuable service while employed by or on behalf of the U.S. government in Iraq for not less than one year on or after March 20th, 2003 and prior to September 30, 2013, or in Afghanistan for not less than one year after October 7th, 2001, and have experienced an ongoing serious threat as a consequence of that employment.
  9. Certain Foreign Medical Graduates
  10. Certain Retired International Organization Employees
  11. Certain Unmarried Sons and Daughters of International Organization Employees
  12. Certain Surviving Spouses of deceased International Organization Employees
  13. Special Immigrant Juveniles 
  14. Persons Recruited Outside of the United States who have served or are enlisted to serve in the U.S. Armed Forces
  15. Certain retired NATO-6 civilians
  16. Certain Unmarried Sons and Daughters of NATO-6 civilians
  17. Certain Surviving Spouses of deceased NATO-6 civilian employees
  18. Persons who are beneficiaries of petitions or labor certification applications filed prior to September 11, 2001, if the petition or application was rendered void due to a terrorist act on September 11, 2001
  19. Certain Religious Workers

Immigrant Investors – E5

Those who wish to make a foreign capital investment in new commercial enterprises in the USA which would lead to job creation can qualify for this category.

To qualify as an immigrant investor, you must invest, without borrowing, the following minimum dollar amounts in a qualifying commercial enterprise:

  • $1,000,000 (U.S.); or
  • $500,000 (U.S.) in a high-unemployment or rural area, considered a targeted employment area.

A qualifying investment must, within two years, create full-time jobs for at least 10 U.S. citizens, lawful permanent residents, or other immigrants authorized to work in the United States. This does not include the investor and their family members.

How We Can Help

The Employment Petition category focuses heavily on:

  • Intended occupation;
  • Your experience;
  • Your skills and credentials; and
  • Your previous service to the US.

Depending on under which category you apply, you will need to meet certain minimum requirements. You may also need a job offer and Labour Certification. For many, this application may be a two-step process. That being said, you and your prospective employer will have your work cut out for you. Akrami & Associates is well experience with obtaining employment visas. We will work with you and your employer to get the job done timely and efficiently.

We will assist you:

  • Draft the necessary forms;
  • Draft appropriate supporting documentation demonstrating your skills, education, experience etc.;
  • Demonstrate that you are well suited for Permanent Residence in the US;
  • Help you determine the most appropriate category under which you should apply as well as apply for a possible exemption to the Labour Certification to help speed up processing times;
  • Compile the strongest possible case as per your unique situation;
  • Prepare you for your for any interview should one be requested;
  • Follow up with USCIS on your matter to ensure the fastest possible processing time; and
  • Of course, be with you every step of the way.

For more information on Employment based petitions, feel free to browse our vast collection of information on the subject or contact us directly at 1-877-622-8182 or 416 477 2570. You can also email at Info@ToImmigrate.com.

A green card is an identification card that classifies a person as a permanent resident of the U.S. and, therefore, allows that person to work and live permanently in the U.S.

If you are a ten year green card holder and your green card is expired or will expire in the next six months, then you may begin your application to renew your card. The form for this renewal is Form I-90, Application to Replace Permanent Resident Card. This can be done either,

  • Online
  • By paper

There are a couple of other situations that may be applicable to you and should be kept in mind. Two circumstances that may apply to you that do not follow the same procedures as the one mentioned above is if,

  • You are a conditional resident
  • You are outside the U.S.

If you are a conditional resident and your status is expiring, you will have to complete Form 1-751, Petition to Remove the Conditions on Residence, within ninety days of the expiration date in order to remove the conditions on your status. There are no renewal procedures for a conditional resident, once you successfully remove the two year condition on your status, you will be able to continue as a permanent resident.

If you are outside of the U.S. and your card will be expiring in six months, but you will return before the card expires, then you should immediately make an application upon returning to the U.S. However, if your green card expires while you are outside the U.S., you should contact the closest USCIS office, U.S. Consulate, or a U.S. port of entry.

Once you have submitted your application, you may check the status online at My Case Status found on USCIS.

For further assistance regarding your green card, contact Akrami & Associates. One of our experienced legal professionals will be happy to help. Call now to book a consultation.

There are several ways to obtain a green card. There are three main categories, and one that incorporates several miscellaneous and special circumstances. These four include,

  1. Green card through family
  2. Green card through job
  3. Green card through refugee or asylee status
  4. Other ways to get a green card

The most common way to obtain a green card status, which means that you are a permanent resident of the U.S. and able to work and live there permanently, is through the family class. This means that, at one point, you were sponsored by your:

  • Spouse
  • Parents
  • Siblings
  • Son or daughter

Another common way for you to get green card status is through work. This could be obtaining your green card through,

  • A job offer
  • Investment
  • Self-petition
  • Special categories of work

A less common form of green card status is through entering the U.S. as a refugee or if you were granted asylum. After one year of entering the U.S. as a refugee, you and certain qualifying family members, can apply for permanent residence. This is similar for those granted asylum. After one year of being granted asylum, you may petition for permanent residence.

Other ways to receive a green card is a special category that allows certain persons to become permanent residents. Some of these include,

  • K nonimmigrant which allows fiancées to be come to the U.S. to get married

            o This also includes accompanying minor children

  • Battered spouse or child
  • Person born to a foreign diplomat in the U.S.
  • Armed forces member
  • Widows of U.S. citizens

As you can see, there are many ways to obtain a green card for the U.S. If you require assistance regarding your own situation and how you can obtain a green card, contact Akrami & Associates today.

The first thing you should know about a green card is, what is it?

A green card is a government issued document that authorizes a holder to work and live in the U.S. permanently. It is interchangeably called a permanent resident card.

The next question you may be asking is, how can you obtain a green card?

There are actually several ways for you to do so. Some of these include,

  • Through Family
  • Through a Job
  • Through Refugee or Asylee Status
  • Through Special Categories

It is important to keep in mind that, while you are a green card holder, there are conditions that must be met, otherwise you will be considered to have abandoned your permanent resident status. Some ways you may be deemed to have abandoned your green card includes,

  • Having the intention to leave the U.S.

            o If you obtain your green card and decide to move elsewhere or have the intention to do so, you should be aware of the laws regarding your green card

  • Remaining outside of the U.S. for more than one year without getting a re-entry permit or returning resident visa

            o If you leave the U.S. without making indication that you will be returning, then you may be considered to have abandoned your permanent resident status

            o Any length of time may be considered, even though it is less than one year

  • Staying outside of the U.S. for two years after being issued a re-entry permit, and you did not obtain a returning resident visa, will also be cause for loss of status

            o Again, any length of time will be considered although this is the general rule, you should indicate your leaving so that you can maintain your status

  • Failing to file and income tax return while you live outside the U.S.
  • Declaring yourself a non-resident on your tax returns

Obtaining a green card is a privilege, not a right. You should always be aware of how you can maintain your status so that the effort you made to get one is not in vain.

If you require additional information regarding your green card; how to get one or how to maintain it, contact Akrami & Associates today. One of our experienced legal professionals will be happy to assist you.

There are four main ways for you to become a green card holder which allows you the right to legally work and live in the U.S. permanently. These four categories are as follows:
  • Green card through family
  • Green card through job
  • Green card through refugee or asylee status
  • Other ways to get a green card

If you wish to sponsor a family member, there are a few categories of people that may be sponsored for a green card. This includes,

  • Immediate family such as,

o Spouses

o Unmarried children under the age of 21

o Parents of a U.S. citizen who has reached the age of majority (21)

  • Family members in a preference category, this may be,

o Unmarried sons or daughters over the age of twenty one

o Married children of any age

o Brothers or sisters of a U.S. citizen who has reached the age of majority (21)

  • Family member of green card holders including only,

o Spouses

o Unmarried children

  • Family members in the special category such as,

o Widow(er) of a U.S. citizen

o Battered spouse or children

o Person born to foreign diplomat

o Fiancée

There are a few ways for you to gain access to a green card through an occupation,

  • Through a job offer
  • Through investment
  • Through a self-petition
  • Through special categories

If you were admitted into the U.S. as a refugee or a family member of an asylee, or you were granted asylum, you can apply for a green card after one year.

  • If you were entered as a refugee or family member of an asylee, it is one year after you entered the U.S.
  • If you were granted asylum, it is one year after you were granted asylum

Other ways to get a green card consists of all the special categories. As mentioned above, in the family class and green card through a job, there were special categories. All special categories fall into “other ways to get a green card”. There are three main categories in this class,

  • Special categories of family

o Fiancée

o Widow(er)

  • Special categories of jobs

o Armed forces member

o Religious worker

  • Other green card programs

o Haitian refugee

o Victim of trafficking

If you require further information regarding how to obtain a green card and the processes, contact Akrami & Associates today. With the aid of our legal team, there is always a way.

What are the different categories of employment based petitions?

There are various petitions that may be filed depending on the kind of work visa you may require. There are five main categories:

  • Employment First preference (E1) - priority workers- they need to file the Immigrant Petition for Foreign Worker, which is form I-140. This is filed with the USCIS. There are 3 sub-categories
    • Persons with extraordinary ability
    • Outstanding professor and researchers
    • Multinational managers or executives
  • Employment second preference (E2): professional holding advanced degrees or persons with Exceptional ability. You may have to file an Immigrant Petition for Alien Worker. Sub categories are:
    • Professionals holding an advanced degree
    • Persons with exceptional ability – sciences, arts or business
  • Employment Third preference (E3) - skilled workers, professionals and unskilled workers. May have to file Immigration Petition for Alien worker, form I-140. Sub- categories:
    • Skilled workers: person with 2 year minimum training or work experience in a specific job.
    • Professionals: may require baccalaureate degree from U.S university or college or foreign equivalent degree.
    • Unskilled workers- people capable of filing positions.
  • Employer Fourth preference (E4) - special immigrants, they may have to file Petition for Amerasian, Widow, or Special Immigrant, form I-360. Sub- categories include:
    • Broadcasters in the U.S.
    • Ministers of Religion
    • Certain former employees
    • Iraqi and Afghan national who have provided faithful and valuable service.
    • And many more…
  • Employment Fifth Preference (E5) - Immigrant investors who promote job creation.

There are many different categories and petitions that are available to workers, who may want to come to the U.S. It may be hard to determine what petition or category works for you. We can help, you can contact us and our team of professionals will be happy to assist you.