Obtaining An Employment Green Card In The United States

Introduction

If you are an immigrant who has plans for settling in the United States for the purpose of residing and working here, the US is, in fact, one of the best destinations for career growth. Getting a green card makes it quite easy to live and work in the US. To get this, you need to apply for a green card.

There are some ways through which one can obtain a green card in the US. Many of the immigrants were able to get the green cards via work-related immigration.

If you are considering going this route to obtaining a green card, it will be very crucial finding an immigration attorney in San Antonio. This is particularly true if you don’t have any idea on how to go about the application process.

There are many things to consider when applying for a work-based green card. It is, therefore wise to seek the services of an immigration attorney in San Antonio to walk you through this process.

For immigrants who are not well conversant with the procedures for acquiring a work-based green card, the first thing they would do would be to know what they will have to go through to qualify.

You also have to know which category you belong to and understand the process of the green card application. Before you decide to use your job in the US to get a green card, it is very important to remember a few tips and guides that will be covered in this post.

Who can get the work-related green card?

First, to get a green card based on working in the United States, one needs to qualify for an employment-based visa. But how does one know whether they are qualified? Here is the scoop: the first step is that one needs to have an employer willing to sponsor the visa. The candidate also needs to prove that they are the right person for the job and that no US employee can carry out the services.

Plus, you have to check off some boxes, like having the right education and experience, being in good health, and having a clean record. Lastly, you need a passport that is good to go for your trip to the US.

When it comes to green cards based on work, you have a couple of options:

• EB-1

This is for those who have extraordinary ability in arts, sciences, teaching, business, or athletics. Or if you are an outstanding researcher or professor, or a multinational manager of high ranking. To get this, one needs to prove many years of experience.

• EB-2

If you have a fancy degree and at least 5 years of work under your belt, or you have special skills in something like science, arts, or business, and you have your green card eligibility papers in order. This one is for you if you are looking at this as second best.

If you are not sure whether you fit any of these options, it is a good idea to consult with an immigration attorney in San Antonio. They will analyse your case and help you work out whether EB-2 is a good fit or not. Also, if you don’t have the official working papers, you can try to get a waiver on the basis of national interest for doing the job. This is if you are exceptionally good at something.

Remember, the USCIS usually takes a look at a few things in deciding on the waiver: The job you are after is just so important and so helpful to the country.

You have the right skills and proper experience to do a particular job. If it is being compared to other options, it would be a win for the US when giving you a green card.

• EB-3 option

If you are an immigrant in the EB-3 group, you can try for the third preference if you fit into one of these worker types in the US:

• Skilled workers – your employer has to show that no one else in the US can do your job, which is part of the labor certification process.
• Skilled professionals, or
• Non-skilled workers (like those with less than two years of training or experience).

• EB-4 option

This is for some special immigrants. Special immigrants are those working in certain fields, like:

• People for religious groups;
• Broadcasters;
• International organization workers;
• Members of the military;
• Employees of the Panama Canal Zone;
• Immigrants from Iraq helping the US;
• Iraqis/Afghans translating for the US;
• Doctors;
• Retired employees; and
• Spouses or kids of NATO-6 employees who have passed away.

Usually, you don’t need a labor certification to apply for this, but there are some conditions you need to meet before you can get a green card based on this work-based category. The rules for this category are different from the general green card application.

If you are thinking of applying here, it is a good idea to talk to an immigration attorney in San Antonio to understand the specific requirements for you and how to go about applying. This is especially important because the application process for this category is quite unique.

• EB-5 option

This is the green card category for foreigners who invest in the US economy. The rules and the way to apply for this type of green card are very specific, so you might need to get in touch with an immigration attorney in San Antonio for help.

The EB-green card process

If you are legally in the US, you can typically start your journey to getting a green card by filing an I-140 form. This step is about proving that there is an opening that needs special skills-only you can fill it. This will be considered by the USCIS. If everything is just right, they would have no reason not to approve your application. The application form is filled out by your US-citizen employer.

You can simultaneously apply for a green card by filing an I-485 form. This is an application to become a permanent resident or adjust your status. If you are outside the United States, you will have to go through consular processing when an I-140 petition is approved.

An immigration attorney in San Antonio will be of great help if you need an assistant. They may schedule an interview with you prior to the final decision of the USCIS.

How long does it take to get a green card?

The waiting period for a green card varies much depending on which country you are from, the class of visa you seek, and your priority in that category. On average, it takes 6 to 9 months from start to finish. However, if you are from a country like China or India, this process would take a lot more time due to the per-country limitations on the number of green cards issued per year.

Even if you have done all the right things, and passed all the interviews, you will have to await your turn in line before receiving a green card.

How much does it cost?

If you are planning to work in the US, then you will need to pay a visa issue fee – otherwise known as a reciprocity fee. The reciprocity fee will depend on the type of visa you are after, and also if you are travelling alone or with anyone else. You will also have to pay for the processing, medical test, photos, and other expenses.

If you are applying for an employment-based visa, you will also have to pay for various legal services such as the cost of an immigration attorney and filing fees. Immigration attorney in San Antonio charge per hour based on their skills and years of experience. The cost of filing your application can also depend on how complex your case is and how long it takes for the immigration attorney in San Antonio to work on it.

Some employers may also cover some of these legal expenses for you when applying for an EB visa and green card.

Get help!

If you are an immigrant hoping to work in the US, you probably know how tough it is to get a work visa and green card. It can feel like a lot to figure out how to apply the right way, so it is really important to talk to a pro immigration attorney in San Antonio. That is where Gehi and Associates come in.

Our group of skilled immigration attorneys in San Antonio has helped a bunch of people get their work visas and green cards for various reasons. We would be happy to help you too. So, set up a free first meeting with us today!