Green card employment is the permanent resident status offered to an alien on the basis of employment grounds:-
Green card employment process is initiated by an U.S. employer by the filing of form I-140.
The sooner the I-140 is filed and approved form I-485 should be filed in case green card employment application is made for an already existing nonimmigrant visa holder.
For green card employment the employer should get a labor certification from the Department of Labor proving that there are no existing green card holders or U.S. citizens willing to take up the position offered. Getting a valid labor certificate is important to have the I-140 sanctioned for employment.
For applicants with current priority date an immigrant visa number is provided after which the green card employment is processed via AOS or consular processing.
All green card employment applicants do not require labor certification however some definitely to need it.
Extraordinary or outstanding performers in science and technology, MNC management executives, fine arts or sports persons can be employed under the EB1 visa. Such workers however do not require labor certification. The processing norms for EB-1 is very strict and is not granted unless the person has international or national acclaim and rare skill sets;
EB2 visa is granted to persons with advanced educational degree literates, and for premier performers in the field of science and technology and for high ranking physicians. Labor certification is required for people applying in this category.
EB3 skilled and unskilled workers and bachelor degree professionals can be hired under EB3 with appropriate labor certification.
EB4 visa is meant for religious workers who also would require labor certification and tax exempted religious unit call petition to be employed.
EB5 visa is meant for investors who are ready to invest lion’s share of money to improve a sick unit in the U.S. or in a substantially profit earning business in the U.S. The major share of the investment should be done by the applicant.
In most cases direct green card employment is not given. It requires the applicant to primarily enter the U.S. as a nonimmigrant visa holder where they are entitled to live and work in the USA; after satisfactory completion of a few renewals or scrutinizing procedures they can avail a green card via AOS. Very less number of consular processing green card employment is issued.
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