Employment-Based Green Card Lawyer

Employment-Based Green Card Lawyer

Securing a green card through your job can be a life-changing opportunity, but the process can be complex. At ARM Lawyers, our employment-based green card lawyer, Lauren Allu, is here to guide both employers and foreign nationals through the employment-based green card process. We provide personalized legal services to help you navigate U.S. immigration law and achieve lawful permanent residency.

Understanding Employment-Based Green Cards

Employment-based green cards allow skilled workers, professionals, and investors to become lawful permanent residents in the United States through a job offer, exceptional talent, or significant investment. With multiple preference categories, each designed for different types of workers, it’s crucial to determine which category best fits your qualifications and professional goals.

Key Benefits:

• Path to Permanent Residence: Live and work in the U.S. indefinitely, free from temporary visa constraints.
• Career Advancement: Pursue long-term professional growth and flexibility in your field.
• Eligibility for U.S. Citizenship: After maintaining permanent resident status for the required period, you may apply for naturalization.

Our employment-based green card lawyer will assess your background, guide you to the appropriate category, and streamline your application.

Employment-Based Green Card Categories

The U.S. immigration system divides employment-based green cards into five preference categories. Each category has specific eligibility criteria and annual numerical limits.

1. EB-1 (First Preference):
   • Persons of Extraordinary Ability (E11)
   • Outstanding Professors and Researchers (E12)
   • Multinational Executives or Managers (E13)
2. EB-2 (Second Preference):
   • Advanced Degree Professionals (E21)
   • Exceptional Ability in the Arts, Sciences, or Business (E21)
   • National Interest Waiver (NIW) for those whose work benefits the U.S. national interest
3. EB-3 (Third Preference):
   • Skilled Workers (E31): Jobs requiring at least two years of training or work experience
   • Professionals (E32): Jobs requiring at least a bachelor’s degree
   • Unskilled Workers (E34): Jobs requiring less than two years of training or experience
4. EB-4 (Fourth Preference):
   • Special Immigrants, including religious workers, certain broadcasters, and other specific groups
5. EB-5 (Fifth Preference):
   • Immigrant Investor Program for individuals who invest a substantial amount of capital (at least $1,050,000, or $800,000 in Targeted Employment Areas) in a new commercial enterprise, creating or preserving at least 10 full-time jobs.

Our team will help you determine which category suits your background, experience, and professional objectives.

Employment-Based Green Card Priority Dates

Because each employment-based green card preference category has annual numerical limits, most applicants must monitor priority dates to know when they can proceed with the final steps of their application.

Key Points:

• Priority Date Assignment: Typically, your priority date is the date your employer (or you, in certain EB-1 or EB-2 NIW cases) files the underlying petition (PERM labor certification or Form I-140).
• Visa Bulletin: The U.S. Department of State releases a monthly Visa Bulletin indicating cutoff dates for each EB category and country of chargeability.
• Backlogs and Retrogression: High-demand categories and countries may experience wait times due to backlogs, causing priority dates to retrogress.

An employment-based green card lawyer can interpret the Visa Bulletin, track your priority date, and offer strategies if you face delays.

Employment-Based Green Card Process

Securing an employment-based green card involves multiple steps, varying slightly across categories. However, most paths follow this general framework:

1. PERM Labor Certification (If Required):
   • The U.S. employer must obtain a Permanent Labor Certification (PERM) from the Department of Labor, proving there are no qualified U.S. workers available for the position.
   • EB-1 (Extraordinary Ability, Multinational Managers) and EB-2 NIW categories can often bypass this step.
2. Petition Filing (Form I-140):
   • The employer (or the foreign national in limited cases) files Form I-140, Immigrant Petition for Alien Worker with USCIS.
   • This establishes the position, your qualifications, and confirms the PERM certification (if applicable).
3. Waiting for Priority Date:
   • If your category is not current, you may need to wait until your priority date becomes available according to the monthly Visa Bulletin.
4. Consular Processing or Adjustment of Status:
   • Consular Processing: If you are outside the U.S., you’ll apply for an immigrant visa at a U.S. embassy or consulate once your priority date is current.
   • Adjustment of Status (Form I-485): If you are in the U.S. on a valid status, you may adjust status to permanent resident without leaving the country.
5. Medical Examination & Interview:
   • You must complete a medical exam by a USCIS-approved physician and attend an interview (either at a USCIS field office or a consular post).
6. Green Card Approval:
   • Upon approval, you receive your permanent resident card (green card).

Your employment-based green card lawyer will guide you through each step, ensuring compliance with all regulations and mitigating potential obstacles.

USCIS Forms for Employment-Based Green Cards

Applying for an employment-based green card requires accurate filing of specific USCIS forms, each with its own purpose:

• Form ETA-9089 (PERM Labor Certification Application): Filed with the Department of Labor to certify there are no available, qualified U.S. workers for the position.
  • Not technically a USCIS form, but a prerequisite for many EB categories.
• Form I-140 (Immigrant Petition for Alien Worker): Filed by the employer (or the foreign national in limited self-petition cases like EB-1A or EB-2 NIW) to classify the foreign national under a specific EB category.
• Form I-485 (Application to Register Permanent Residence or Adjust Status): For applicants inside the U.S. to change from a temporary status (e.g., H-1B, L-1) to that of a lawful permanent resident once the priority date is current.
• Form I-765 (Application for Employment Authorization): Allows you to request a work permit while your I-485 application is pending.
• Form I-131 (Application for Travel Document): Enables the applicant to travel abroad (Advance Parole) while the adjustment of status application is pending.

An employment-based green card lawyer ensures these forms are filed correctly, preventing costly mistakes or delays.

Employment-Based Green Card Processing Time

The employment-based green card processing time varies depending on:

• Preference Category: EB-1 may process faster than EB-2 or EB-3 due to lower demand or higher priority.
• Country of Chargeability: Applicants from certain countries (e.g., India, China) often face longer wait times due to per-country numerical limits.
• USCIS and DOL Workloads: Processing times differ across service centers and can fluctuate throughout the year.
• Completeness of Application: Errors or omissions can lead to Requests for Evidence (RFEs) and further delays.

Your employment-based green card lawyer will provide a realistic timeline and help you stay informed of any changes affecting your case.

Employment-Based Green Card Wait Time

Employment-based green card wait times depend primarily on the current priority date cutoff for your category and country:

• Annual Quotas: Each EB category has its own numerical limits.
• Per-Country Caps: High-demand countries may have more significant backlogs.
• Category Demand: If EB-1 is oversubscribed, it can also develop a backlog, although it historically has shorter wait times than EB-2 or EB-3.

Our attorney will keep track of the Visa Bulletin, advise on potential delays, and suggest strategies such as exploring different EB categories or other immigration options if appropriate.

Why Choose ARM Lawyers as Your Employment-Based Green Card Lawyer

Working with ARM Lawyers provides:

• Expert Legal Knowledge: Our experienced attorney has in-depth familiarity with the nuances of employment-based immigration.
• Tailored Solutions: We customize our approach based on each client’s professional background, goals, and timeline.
• End-to-End Support: From Labor Certification to the final green card interview, we guide you through every step.

Contact Our Employment-Based Green Card Lawyer Today

If you’re considering an employment-based green card or need assistance with any part of the process, reach out to ARM Lawyers for a free consultation. We’ll evaluate your case, explain your options, and provide comprehensive support to help you achieve your immigration goals.