Employment Based Green Card/Residency
Employment based green card status is a popular way to obtain residency in the United States. It involves getting an employer to sponsor an immigrant through the auspices of a job. Once the process is complete, the immigrant is expected to take the certified job offered by the company, since the application is based on the fact that they have a job if approved.
The first step in this process is the required labor certification, the foundation for the whole petition. To obtain this certification, an employer must prove he or she has the need to hire an immigrant for a specific position and that there is no one else qualified, including US residents, to fill it. Proof may consist of advertising for the job, skill pre-requisites, wage verification and proof the employer can pay a salary. This is done through a system called PERM. The certificate is valid for 6 months from the date it is approved.
For the immigrant’s petition, the company must apply on his or her behalf for a visa number by filling out an I-140, which is processed by the USCIS. There are many categories under which to apply, but the most common one is the EB3. Once approved, the immigrant’s petition is sent for approval and the visa is available if the priority date is earlier than the cutoff date.