How To Get a Green Card Through Employment

About 140,000 applicants each year get green cards through U.S. employment-based immigration visas. That total is the legal cap, which hasn’t changed since 1990. Many people hoping to obtain their employment-based green cards are denied, told they have little chance, or wait in line for several years.

For legal advice about how to get a green card through employment in the U.S., talk to an immigration lawyer.

Employment-Based Immigration

“Usually, the economy doubles in size every seven years,” says Robert Nadalin, an immigration attorney in San Diego. “What that’s meant is that as the economy has grown, the number of employment-based green cards hasn’t. A long line has developed for people to complete this process.”

There is also a seven percent limit on employment-based green cards available to citizens of each country. This cap has led to long waits for citizens from countries with historically high immigration rates, including people from India, China, and the Philippines.

Green card holders can then petition for their spouse and unmarried children to come to the U.S.

Starting the Green Card Application Process

Green cards refer to the identification cards for lawful permanent residents (LPRs).

The first step for many employment-based (EB) green card holders is the responsibility of the employer: Obtaining permanent labor certification (PERM). The employer must first recruit U.S. workers for the applicant’s position to test the labor market, the purpose of which is to confirm that:

1. There are not U.S. citizens able, qualified, and willing to accept the job offer for the prevailing wage for that position in the local area; and
2. The wages and working conditions of similar U.S. workers will not be adversely affected.

Following certification, the employer files the immigration form I-140, Immigrant Petition for Alien Worker with USCIS. If there is no waiting list for the particular employment-based green card, the applicant moves on to the final step: Filing immigration form I-485, Application to Register Permanent Residence or Adjust Status.

Which Foreign Nationals Qualify?

There are five employment-based preference categories that an applicant can qualify under: EB-1 through EB-5.

Most applicants apply under green card categories EB-1 through EB-3 since EB-4 pertains to religious workers, and the EB-5 category allows immigrant investors to obtain permanent resident status if investing $500,000 to $1 million in a business that employs others.

EB-1 Eligibility Requirements

There are subcategories within each EB category. To obtain a green card under the first employment-based preference category, EB-1, the applicant must be able to demonstrate either:

• Extraordinary ability and work experience in the sciences, arts, education, business, or athletics;
• International recognition for outstanding achievements in academia as a professor or researcher; or
• That they’re a multinational manager or executive.

EB-2 Eligibility

Those who demonstrate extraordinary ability can self-petition for a green card without a U.S. employer sponsor and skip the labor certification process. The same goes for those who qualify through the national interest waiver under category EB-2. To be eligible under the EB-2 category, the applicant must demonstrate either:

• That they’re a member of a profession that requires an advanced degree, and the applicant possesses such a degree or its equivalent;
• Exceptional ability in the arts, sciences, or business; or
• It’s in the national interest that the applicant be granted a green card.

EB-3 Eligibility

Applicants under the third preference category, EB-3, must demonstrate either:

• That they possess a U.S. bachelor’s degree (or foreign degree-equivalent) and that a bachelor’s degree is the normal requirement for the job;
• Two years of job experience or training as a skilled worker; or
• Unskilled workers with less than two years of job experience performing work that is not of a temporary or seasonal nature.

Improving Your Chances for an Employment-Based Visa

“In general, it’s higher education,” Nadalin says. “Anyone with a master’s or PhD in a STEM field, if they’re committed to staying here, they’re probably going to be able to find an employer that’s happy to have them here and is willing to support their immigration paperwork.”

For many green card applicants, the process begins years in advance by obtaining a non-immigrant visa. Many people from abroad come to the U.S. temporarily to study under the F-1 student visa or work under an H-1B visa, and some people obtain both.

“In some ways, it’s like building a house. The foundation is often the F-1 student visa. Then they may move onto a work visa, like the H-1B or other work visas,” adds Nadalin. “If the employer and employee begin to think of a longer-term solution, that second story of the house may be moving onto a green card.”

In over 95 percent of cases, applicants are living in the U.S. at the time they file the green card application. “The employer isn’t going to want to go through all the time and expense unless the person is already on board and productively working for them under a nonimmigrant visa,” Nadalin says. “Why would the employer spend $20,000 to $30,000 to go through the process and then the person says, ‘Ah, never mind; I’ve decided I’m not coming.’ Or they come, and it’s not a good fit. The employer or employee is unhappy.”

How Long Is the Application Process?

The U.S. Department of State publishes a U.S. visa bulletin, updated monthly, which shows priority dates and wait times for applicants.

Because the EB-3 category contains the least stringent requirements to obtain a green card, it’s the most competitive. The EB-1 category has the strictest requirements and is less competitive. Wait times can be up to several years, depending on the immigrant category and country.

Find an Experienced Immigration Lawyer

Obtaining lawful permanent residence through the employment-based is competitive and time-intensive. Applicants and employers should consult with an experienced immigration attorney to give them the best chance of success.