How to Get a Green Card Through Employment in the USA

This article was last updated and fact checked on October 16, 2024 by Mani Karthik.

So, you’re dreaming of moving to the USA and making it your home, right? One of the most popular ways to make this happen is by getting a green card through employment.

But where do you start?What’s the process like?

Don’t worry; we’re breaking it all down for you in this comprehensive guide.

Let’s get you on your way to that green card, step by step.

Step 1: Understand the Types of Employment-Based Green Cards

First things first, not all green cards are created equal. When it comes to employment, there are five main categories, each designed for different types of professionals:

EB-1: Priority Workers

This category is for:

• Individuals with extraordinary abilities in arts, sciences, business, or athletics (think Nobel Prize winners, renowned scientists, etc.).
• Outstanding professors or researchers.
• Multinational executives or managers.

EB-2: Professionals with Advanced Degrees or Exceptional Ability

This is ideal for:

• Those holding advanced degrees (master’s or higher).
• Individuals with exceptional abilities in their field, such as business, arts, or sciences.

Tip: If your work benefits the USA, you might qualify for a National Interest Waiver (NIW) under EB-2, meaning you can skip the employer sponsorship.

EB-3: Skilled Workers, Professionals, and Other Workers

The EB-3 category includes:

• Skilled workers with at least two years of experience.
• Professionals with a bachelor’s degree.
• Unskilled workers (though this category has longer waiting times).

EB-4: Special Immigrants

This is a special category for certain types of workers, like religious ministers, employees of international organizations, and some government employees.

EB-5: Investors

If you have a lot of money to invest, the EB-5 is for you:

• Requires an investment of $800,000 to $1 million in a US business.
• Must create at least 10 full-time jobs for US workers.

Tip: Each category has its own eligibility requirements, so choose wisely based on your qualifications and goals.

Step 2: Get a Job Offer from a US Employer

For most employment-based green cards, you need a job offer from a US employer willing to sponsor you. Here’s how it works:

1. Find an employer who’s willing to go through the sponsorship process.
2. The employer must prove that there are no qualified US workers available for the job (this involves PERM Labor Certification, which we’ll get to soon).
3. They should be ready to provide documentation to support your green card application.

Tip: Use professional networks like LinkedIn to find employers who are open to sponsorship. Search for terms like “H1B-friendly” or “green card sponsorship.”

Step 3: The PERM Labor Certification Process

Before your employer can file for your green card, they need to get approval through the PERM Labor Certification process. Here’s what it involves:

• Proving there’s no suitable US worker: The employer must show that they couldn’t find a US citizen who’s qualified for the job.
• Advertising the job: They must run ads in newspapers, online job boards, and other places to prove they’ve tried to hire locally.
• Submitting the application: The employer files the PERM application with the Department of Labor (DOL).

Tip: This process can take months, so patience is key. If you’re an EB-2 applicant with a National Interest Waiver, you might be able to bypass this step.

Step 4: File the I-140 Petition

Once the PERM certification is approved, the employer can file Form I-140 (Immigrant Petition for Alien Worker).

This form tells the US Citizenship and Immigration Services (USCIS) that they want to hire you and sponsor your green card.

Here’s what you’ll need:

• Proof of your education, skills, and experience.
• Documentation from your employer showing their ability to pay your salary.

Tip: Make sure all the information is accurate and consistent. Any discrepancies could delay your application or result in denial.

Step 5: Wait for Your Priority Date to Become Current

After filing the I-140, you’ll get a priority date. This date is crucial because it determines your place in line for a green card.

The US government issues a limited number of green cards each year, so you’ll have to wait until your priority date becomes current.

Check the Visa Bulletin

Keep an eye on the Visa Bulletin, published monthly by the US Department of State. It tells you which priority dates are currently being processed for each category.

Tip: If your priority date isn’t current, be prepared to wait. The waiting time varies greatly depending on the category and country of origin.

Step 6: Apply for Adjustment of Status or Consular Processing

Once your priority date is current, it’s time to apply for a green card. There are two ways to do this:

• Adjustment of Status (AOS): If you’re already in the USA on a non-immigrant visa, you can file Form I-485 to adjust your status to a green card holder.
• Consular Processing: If you’re outside the USA, you’ll need to go to a US embassy or consulate in your home country to complete the process.

Tip: Make sure you’re maintaining legal status in the USA while you wait. Any violations could impact your ability to get a green card.

Step 7: Attend the Green Card Interview

The final step in the process is attending an interview. During the interview, a USCIS officer will ask you questions about your job, background, and future plans in the USA.

Prepare for common questions like:

• Why are you seeking a green card?
• What are your job responsibilities?
• Can you prove your qualifications for this job?

Tip: Be honest and clear. If you don’t know an answer, it’s okay to say so. Providing false information could lead to serious legal issues.

Conclusion

Getting a green card through employment is a lengthy but rewarding process.

From finding the right employer to navigating the PERM certification and waiting for your priority date, each step requires patience and careful planning.

Stay informed, keep track of your documents, and don’t hesitate to seek help from an immigration attorney if you need it.

Once you get that green card, you’ll be one step closer to achieving your American Dream!

Good luck! 🎯