Green Card Through Your Employer
An employer may sponsor its employee in obtaining a Green card. It is a multi step process which involves certain document preparation confined by rules and regulations. There are a few categories for granting permanent residence to foreign nationals based on employment skills.
The employment categories are:
EB1, EB2, EB3, EB4, and EB5.
Most of the technical workers fall under first 3 categories.
- EB1: People with extraordinary ability in the science, arts, education, business or athletics, professors, researchers and Ph.D. holders etc. falls under this category.
It also includes people working here as managers and executives on international transfer basis (Company transfer L1 holder) - EB2: This includes people with extra ability in the field of science, arts or business, and advanced degree professionals.
- EB3: This includes professionals with Bachelor/ Graduate degree, and other skilled workers.
Obtaining an employment based green card is a 4 step process:
Step 1: Labor Certification?
Application (ETA-9089) submission through your employer to Department of labor (DOL).
(Processing time is currently 12-15 months in cases where there are no audits.)
More information can be found here
Step 2: Immigrant Petition for Alien Worker, Form I-140
Upon approval of the ETA-9089 by the DOL, your employer files form I-140 with the U.S. Citizenship and Immigrations Services (USCIS).
(Processing time is currently 4-6 months)
More information can be found here
Step 3: Adjustment of Status ( I-485) OR Consular Processing
Upon approval of the I-140 you will be notified of your “priority date” this is the date that a visa will become available for you. When your priority date is reached you may file form
I-485 and other supporting documents with the USCIS, for yourself and family within USA.
At this time you can also file for an Employment Authorization Document (EAD) and AP Advance Parole or Travel Document (AP). Once you file for 485 you will receive an appointment notice from the USCIS for you to complete the required fingerprinting.
You may file the I-140 and I-485 concurrently if an immigrant visa will become immediately available to you if the I-140 is approved. Please note, the I- 485 cannot be approved without approval of the I- I40.
More information can be found here
OR
If you are not currently in the United States, you will schedule an appointment for an interview at the U.S. consulate in your home country, this is referred to as consular processing.
Step 4: Receipt of Green card
The USCIS will forward you your green card.
Dependants
Once the principal employee and dependents are able to file the Form I-485 Adjustment of Status, the dependents may wish to obtain interim employment and/or travel authorization to use in place of the current temporary status.
Travel and work authorizations are granted within about three months of applying and are valid for one year. U.S. Citizenship and Immigration Services (USCIS) processing times for the
I-485 may exceed one year. As a result, renewals of the travel and work authorization are normally required.
To obtain temporary work or travel authorization, you will need to submit the following documents:
- Form I-765 Employment Authorization Document. (Conveys temporary work authorization for a one-year time period. Renewals must be filed in a timely manner to avoid gaps in employment )
- Form I-131 Advance Parole for International travel
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