Green Card Based on Employment

If you are looking to come to the United States hoping to obtain a green card through a job or career, contact the Central Pennsylvania Immigration Attorneys at Kelly, Parker & Cohen today for your FREE CONSULTATION. An attorney at Kelly, Parker & Cohen can help you determine whether you may be eligible for legal permanent resident status.

There are a number of ways to immigrate to the United States based on a job offer or employment.

It is possible to qualify for permanent resident status (or to obtain your green card) based on a permanent job offer in the United States. Most petitions for permanent resident status through employment require a job offer and require an employer to sponsor your petition for permanent resident status. Depending on the job, employers may also be required to demonstrate to the U.S. Department of Labor certain criteria for the job are met via a Labor Certification.

There are five employment-based preference categories that basically organize jobs depending on the level of education necessary to fulfill the duties of the job:

First Preference (EB-1) Visa

You may qualify for this visa if you have an extraordinary ability, are an outstanding professor or researcher, or are a multinational manager or executive.

Second Preference (EB-2) Visa

It is possible to qualify for a visa under this preference if you have an advanced degree or an exceptional ability in the field in which you will be working.

Third Preference (EB-3) Visa

You may be eligible for a visa under this preference if you are a skilled worker, professional or other worker in the field in which you will be working.

Fourth Preference (EB-4) Visa

You may also qualify for an employment-based green card through special categories of jobs. Certain specialized jobs may allow you to obtain a green card based on a past or current job including broadcaster jobs, Afghan translators, religious workers or certain physicians.

Fifth Preference (EB-5) Visa

Under this preference category, entrepreneurs or investors may apply for a green card if they are making an investment in an enterprise or business that creates, at least, 10 new and permanent U.S. jobs. Entrepreneurs are required to invest $1 million or, at least, $500,000 in a targeted employment area such as a business field that has either a high unemployment rate or is located in a rural area.

In addition to meeting the basic requirements of the preference categories, you may be required to meet other criteria as well. Your spouse and any unmarried children under the age of 21 may also be admitted to the United States under your preference category.

Some immigrant categories allow for a self-petition. You are not required to have a job offer, but this option is available if you have an extraordinary ability in the arts and sciences, business, education or athletics, or if you have been granted a National Interest Waiver.

To apply, if you are living outside of the United States, you can receive your green card through consular processing. Consular processing happens when the United States Citizenship and Immigration Service works in conjunction with the Department of State to issue a visa if and when a visa becomes available. If you are living in the United States, you can also receive your green card through an adjustment of status.

If you plan to come to the United States to work, you may be eligible for one of these visas. If you or a loved one is in need of assistance with a work visa application or one or more of our immigration law services, contact one of the Central Pennsylvania Immigration Attorneys or call (717) 920-2220 or contact us online today for your free and confidential consultation.