What is an Employment Based Green Card?
Hence, Foreign nationals who are employed in the US are able to obtain an employment based green card.
Majorly based employer or they can prove they have what is called “extraordinary ability” to come to the U.S and continue developing their craft.
What is Employment Based Green Card EB-3 Visa Category?
“Skilled workers” with a minimum of 2 years of training or work experience.
Thus, Professionals that possess an equivalent or a higher educational degree than the normal requirement for the job.
Unskilled workers with a minimum of 2 years of training or work experience.
How Long does it take to get an Employment Based Green Card?
So, It takes 7 to 33 months to process a Green Card application.
Family Preference Green Cards processing takes from 1 to 10 years depending on the wait time and yearly caps.
Employment Based Green Cards processing could be from 1 year for visas that have a low demand to 4 or 6 years for visas with very high demand.
Is Employment Based Green Card Permanent?
Per U.S immigration law, certain foreign nationals can permanently immigrate to the United States on employment based immigrant visas.
Therefore, In total, there are 140,000 employment-based immigrant visas per year available for workers, their spouses, and their dependents.
The Cost of an Employment Based Green Card
There is generally no filing fee involved with filing most of the paperwork required for a Green Card application.
But your situation may be different. For instance, PERM (Permanent Labor Certifications) processes may cost between $4,000 to $7,000.
This happens approximately 4 to 10 months after filing. However, in various cases, the USCIS doesn’t require you to attend the interview.
Thus, there is nothing to be afraid of because Interviews are an integral part of the process.
Furthermore, Every fiscal year (October 1st – September 30th), approximately 140,000 employment-based immigrant visas are made available to qualified applicants under the provisions of U.S. immigration law.
Nevertheless, Employment based immigrant visas are divided into five preference categories. Certain spouses and children may accompany or follow-to-join employment-based immigrants.
You can learn more about these five categories of employment-based immigrant visas on usvisas.state.gov.
Moreover, To apply for an employment based immigrant visa, follow the steps on the Immigrant Visa Process on usvisas.state.gov.
Once you have completed those steps, review the instructions given to you by the National Visa Center (NVC), along with the information presented on this website, for further guidance and instructions.
Thus, You may have a US employer who is willing to petition you for permanent residence. In this case, most applicants are usually already in the US on a valid temporary work visa such as on an L1 Visa or an H-1B Visa.
Approximately 140,000 immigrant visas are available each year for newcomers who seek to immigrate based on their job skills.
And, If you have the right combination of skills, education, and/or work experience and are otherwise eligible, you may be able to live permanently in the US.
These Green Card applications are called Employment-Based Visa’s also known as EB Visas and usually involve filing an I-140 application to the Service Centre located in the jurisdiction of the place of employment.
Types of Employment Based Petitions
Employment-based petitions are broken down into five categories: EB-1, EB-2, EB-3, EB-4, and EB-5.
And, Each category is made up of sub-categories that describe the kinds of occupations that qualify for the specific visa.
EB-1: Priority Workers
Persons with extraordinary ability in the sciences, arts, education, business, or athletics
Outstanding professors and researchers
Multinational managers or executives.
EB-2: Professionals and Persons of Exceptional Ability
Professionals holding an advanced degree
Persons with exceptional ability in the sciences, arts, or business.
EB-3: Skilled and Unskilled Workers and Professionals
EB-4: Certain Special Immigrants
Many subgroups, including:
Ministers of religion
Certain Retired International Organization Employees
Persons Recruited Outside of the United States Who Have Served or are Enlisted to Serve in the U.S. Armed Forces
EB-5: Immigrant Investors
This visa category is for capital investment by foreign investors in new commercial enterprises in the United States which provide U.S. job creation.
NOTE: you can Learn more about the EB-5 visa process here.
The 4 Steps to Applying for an EB-3 Visa
There are specific steps to follow in order for a U.S. employer to successfully petition a foreign worker to become a permanent U.S. resident. These are:
- Employer or agent obtains a labor certification approval
- Employer files petition with USCIS
- USCIS sends petition to the National Visa Center (NVC)
- Immigrant applies for an immigrant visa or Green Card
1: Employer or agent obtains labor certification approval
Hence, For most employment categories, the sponsoring employer must get a labor certification approval from the Department of Labor which certifies that no qualified U.S workers are available or willing to do the job that the immigrant will be hired to do.
2: Employer files petition with USCIS
If the labor certification is approved, the employer then needs to file Form I-140, the Immigrant Petition for Alien Worker, with the U.S. Citizenship and Immigration Services (USCIS) for the appropriate employment based preference category.
Individuals from the E-B1 category have the opportunity to file their own petitions.
3: USCIS sends petition to the National Visa Center
Once the petition is approved by USCIS, it is sent to the National Visa Center (NVC), who will begin pre-processing the applicant’s case.
4: Immigrant applies for an immigrant visa or Green Card
The applicant’s prospective employer or agent must first obtain a labor certification approval from the Department of Labor.
Therefore, once received (if required), the employer then files an Immigrant Petition for Alien Worker, Form I-140, with the U.S Citizenship and Immigration Services (USCIS) for the appropriate employment-based preference category.
(NOTE: Persons with extraordinary abilities in the Employment First preference category are able to file their own petitions.) If the applicant is already in the U.S, he or she could apply for an Adjustment of Status.
Otherwise, the applicant would go through the process of getting a visa through an embassy or consulate.
How Do I Apply For Employment Based Green Card EB-3 Visa?
the things to do to apply for the EB-3 Visa are listed below: just read through;
- Obtain an approved application for Permanent Labor Certification from the US Department of Labor (If required for the specific visa category.)
- Complete the Form I-140.
- Submit the Filing Fee(s).
- Submit evidence.
- Sign and file the Form I-140.
Finally, You may be eligible for this immigrant visa preference category if you are a skilled worker, professional, or other worker. “Skilled workers” are persons whose jobs require a minimum of 2 years training or experience, not of a temporary or seasonal nature.