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Who can qualify for an employment-based green card?

On Behalf of | Oct 18, 2024 | Immigration Law

In the U.S., there are numerous paths to citizenship, each designed for a specific type of person. If you are a specialized worker, you might qualify for an employment-based green card. This process offers a pathway for individuals with particular skills to live and work in the country. Understanding its requirements can help you evaluate if an employment-based green card is the right option for you.

Priority workers

Priority workers have the first preference when applying for a green card. This category, also known as EB-1, is reserved for extraordinary workers, such as individuals with remarkable skills in the sciences, arts or sports. For instance, outstanding professors, researchers, and certain managers and executives are included in this category. This path could be an option if you have achieved significant recognition in your field. Still, you must have valid evidence of your skills and meet other requirements to be eligible.

Professionals with advanced degrees

The EB-2 category targets professionals with advanced degrees or exceptional abilities. This can include individuals whose work is in the interest of the United States, allowing them to request a waiver of the usual job offer requirement. In other words, if you have a specific specialization that could help the country, you could receive an employment-based green card. Additionally, you must provide evidence of your abilities and review the rest of the requirements.

Trained and skilled workers

This is the broadest category of the three and the last priority. Also called EB-3, it includes skilled workers, professionals, and other workers. Skilled workers must have a minimum of two years of job experience, while professionals must have a bachelor’s degree. Other workers must be able to perform unskilled labor that is not temporary or seasonal. Most applicants fall under this category. Still, they need a valid job offer and meet all the eligibility requirements.

Understanding the process

To apply for a green card through employment, you must be currently present in the United States and meet certain conditions:

  1. File form I-485: You must submit this form to apply for permanent residency.
  2. Legal entry: You must have entered the U.S. legally.
  3. Visa availability: An immigrant visa must be available for you.
  4. Job offer: Your job offer must still be available, and you must intend to take it.
  5. Admissibility: You must be eligible to enter the U.S. or qualify for a waiver.

If you are facing the US legal system for the first time, an immigration attorney can guide you. The proceedings can be intimidating, but a professional can help you understand them and determine the viability of your case.

Securing an employment-based green card involves various processes and requirements. Whether you are a priority worker, a professional with an advanced degree, or a skilled worker, understanding the process is essential. With careful planning, you can step towards permanent residency in the United States.

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