In the US only the employer can petition for the employee’s permanent residency. The process involves several steps of requirements and documentation. The process of getting a green card through employment involves various strict rules and regulations. When the necessity for applying for a green card arises, in most cases the applicant is present in the US already. The employer stays under the temporary work visa just like an L1 visa or H-1B visa until the person clears employment immigration.
For the temporary employees who seek permanent residency about one-lakh forty thousand immigrant visas are available every year. If the employee passes the eligible category of skills, experience, and education the person should be able to live in the US permanently. The applications for a green card are called employment-based visas. They are also known as EB in short. The process generally involves filing an I-140 application in the service centre placed under the jurisdiction of the venue of employment.
There are few categories of green card through employment for foreign nationals based on their skills of employment:
- EB1-Priority Workers
This category receives the first preference in the hierarchy. The employees who possess extraordinary ability in the field of science, education, arts, business, athletics, professors, researchers fall under eb1. Ph.D. holders fall under this categorization. This category also withholds people working in the US as executives and managers based on international transfer; it is officially called a company transfer L1 holder.
- EB2-Professionals and persons with exceptional ability
This category comes as second in the preference list. The category includes employees with exceptional ability in the field of science, business or arts. Other than this professional advanced degree holders also come under this category to avail green card through employment. The people with exceptional ability including requests for national interest waiver also belong in this section.
- EB3-Workers and Professionals
The professionals holding a bachelor graduate degree are eligible for applying in this category. Except for them, skilled workers and other unskilled workers belong in this section. Most of the technical workers belong to eb1, eb2, or eb3.
This category is for certain special immigrants. The subcategories might include the following:
- Ministers of region
- Certain Retired International Organization Employees
- Persons recruited from other countries than the United States who have served or are enlisted for service in the U.S Armed Forces
This category is dedicated to investors. The capital investment professionals come under this category. The foreign investors in different commercial enterprises of the United States are welcomed with visas in this section. If the investors show the potential for responsibly creating further jobs in the united states they are also granted a visa from this category which a little different from employment immigration.
It can be thus concluded that doing the personal homework before applying for the green card is necessary. Having the right knowledge will help in every step from filling the forms to finally being granted an employment-based visa. A better understanding of the whole process develops when an applicant hires a lawyer for consultation and guidance in the green card category.