Immigrants who have the opportunity to come to work in the United States often have the opportunity to adjust their temporary status to that of legal permanent resident status via a permanent resident visa, also known as a permanent visa. Immigrants who have employer sponsors, or whose presence benefits the United States, are less likely to become a burden on the government of the United States and that makes them more favorable candidates for Permanent Resident Status.
The First Step is Labor Certification Application
The immigrant’s employer must file a green card application with the U.S. Department of Labor to start the green card process on behalf of the non-immigrant. The application will describe the responsibilities of the job and qualifications needed by the employer. The employer must prove two conditions before a labor certification will be granted:
- There are no U.S. workers in the area where the job exists, who are available, willing, and able to fill the position; and
- The individual’s employment will not "adversely affect" the wages and working conditions of similarly situated U.S. workers.
The Second Step is Immigrant Petition (Form I-140)
When the application is approved, the employer has to file an immigrant petition with the U.S. Immigration and Naturalization Service (USCIS). While the labor certification application assures the United States government that there are no qualified U.S. workers in the area of the job, the immigrant petition is the request by the employer to hire a specific non-U.S. citizen for the job.
The Third Step is Adjustment of Status (Form I-485)
After an immigrant petition is approved, the employee can later apply for adjustment of status as permanent resident for him/herself and his/her immediate relatives.
You Can Apply for Employment-based Visas without an Employer
While generally, applicants for a green card visa based on employment or professional skills must have a job offer or an approval from the U.S. Department of Labor through the Labor Certification Application, the requirements can be waived if a person can show her/his work is of national interest such as:
- Improving the U.S. economy Improving wages and working conditions for U.S. workers
- Improving education and programs for U.S. children and under qualified workers
- Improving health care
- Improving the U.S. environment and making more productive use of natural resources
The hardest part of getting an employment-based visa is finding a job in the United States and an employer who is willing to go through the process of petitioning and paying for your application to come to the United States. Once you have an employer sponsor, the rest of the process should go smoothly.
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DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Immigration laws in particular change frequently. Seek competent legal counsel for advice on any legal matter.
