GREEN CARD THROUGH EMPLOYMENT

FAQ

What is employment-based immigration?

The US sets aside 140,000 immigrant visas (green cards) each year to be granted to intending immigrants based upon their employment abilities.

Do I need to be sponsored by a US employer?

With certain limited exceptions, foreign workers must be sponsored by a US based employer to obtain a green card.

What must an employer do to sponsor me for a green card?

With the exception of Persons of Extraordinary Ability and Intra Company Transferees, persons seeking to apply for an employment based green card  must have an offer of employment in writing and obtain 'labor certification'.  

What is labor certification?

Employers sponsoring intending immigrants must file an application for “labor certification” with the Department of Labor’s Employment and Training Administration that demonstrates that there are no US workers able, willing, and qualified to perform for the position that she or he is offering. An employer can demonstrate this by, for example, advertising the position in local or national newspapers or trade journals and showing that no suitable US workers applied for the job. In addition, your employer must demonstrate that hiring you will not adversely affect wages and working conditions of US workers, that he or she has the financial ability to pay the offered wage, and that you meet the minimum requirements to perform the job satisfactorily. Once the labor certification is approved, it is submitted to INS (Immigration and Naturalization Service). This submission constitutes your employer’s request to hire you for the position. After obtaining the approval of INS, you must file an application to either “adjust” your status if you are already in the US (this is filed with INS) or obtain an immigrant visa if you are abroad (this is filed with the US Consulate). Once this application is approved, you will become a permanent resident in the US and may commence permanent employment.  

How long does the labor certification process take?

The answer to this question depends on the state in which your employer resides. Processing times typically average between 6 months to 18 months. Bear in mind that you will still need to then file the visa application with the INS. In short the entire process can take up to two years or more. Because of these delays the Reduction in Recruitment (RIR) procedures can be used.

What are the Reduction in Recruitment (RIR) procedures?

The normal 'labor certification' process can be expedited using the RIR procedure. This can substantially reduce the delays in obtaining an employment based green card. The employer must document that it has engaged in, within the last six months, a pattern of recruitment in an effort to hire U.S. workers for the position, but has been unsuccessful in identifying qualified and available U.S. workers. The pattern of recruitment may vary depending on the nature of the occupation being requested and the labor market at the time of the job search. However, the minimum is one print advertisement and evidence of other actions taken to search the labor market. These other actions may include use of Internet, use of job markets on the Internet, participation in job fairs, use of union halls (where appropriate), participation in college job fairs, and other similar activities.

Do I need any particular skills or qualifications to apply for an employment based green card?

Formal qualifications, such as  a degree or a diploma are not specifically required. Realistically, you will need to show that you are a 'skilled worker'. A 'skilled worker' is defined as someone with at least two years experience in their trade or profession. Therefore, individuals who are ineligible for a temporary professional workers visa such as a H1-B or L-1due to a lack of a university degree or managerial experience may still be regarded as 'skilled workers' for employment based green cards.

To view the different preferences for employment based green cards click here

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Mr. Capp can assist in obtaining the following visa categories.