Employment-Based Green Cards

 Posted on January 30, 2024 in Immigration

An employment-based green card allows foreign nationals to live and work permanently in the United States based on an offer of employment. However, only some are eligible to apply for this immigrant visa. Specific requirements regarding your employment, background, and relationship with the sponsoring U.S. employer exist. A Texas immigration lawyer can help determine if this is the best course of action for you and your situation.

The Employer Requirements

The employer petitioning for your green card must be a U.S. employer, entity, corporation, or organization. They must demonstrate that they can pay the offered wage and comply with immigration laws.

Sponsoring employers must also show they are still looking for qualified, willing, and available U.S. workers for the offered position. They must test the labor market through advertising, campus recruiting, job fairs, etc. There are exceptions for Schedule A occupations with a shortage of qualified workers.

Your Job and Background

In addition to the employer requirements, your offered job and background must meet the eligibility criteria:

• You must be qualified for the offered permanent, full-time position. It has to match your education, skills, and work experience
• The offered wage must meet the prevailing wage threshold for that occupation in the geographic area. Lower wages may indicate the employer is trying to displace U.S. workers
• You must have the credentials required for the profession—for example, the degree, license, commissions, etc
• There are character and health criteria. You cannot have a criminal record, infectious disease, or other red flags

The Employment Categories

There are five main categories for employment-based green cards:

• Priority workers – For people of extraordinary ability, outstanding researchers, multinational executives and managers
• Certain special immigrants – religious workers, Panama Canal employees, and similar
• Professionals with advanced degrees or exceptional ability
• Skilled workers with at least two years of training or experience, professionals with baccalaureate degrees
• Investors putting at least $500,000 into a new commercial enterprise

Each category has specific qualifications regarding achievements, level of expertise, training, and experience. The highest preference is given to those at the top of their field or who benefit the U.S. economy and labor market most.

The eligibility requirements for an employment-based green card aim to protect U.S. jobs and workers while allowing employers to recruit foreign talent. Applicants must have the required employer backing, credentials, and experience for their specific job category. Understanding these standards is crucial for successfully obtaining permanent residency through employment.

Contact a Dallas County, TX Immigration Lawyer

If you are looking to get your employment-based green card, it is worthwhile to speak with an Irving, TX immigration attorney to determine if it is the best option for you. Call John W. Lawit, LLC at 214-609-2242 to get started.