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Obtaining A Green Card On The Basis Of Employment
Obtaining a green card (U.S. permanent residency) on the basis of employment usually involves a process lasting several years. You may qualify for an employment leading to a green card (or for a green card directly) by way of a job in the U.S. in one of these ways:
- Through a job offer
- Through an investment in an enterprise that creates American jobs
- Through a self-petition by aliens of “Extraordinary Ability,” outstanding professors and workers, intracompany executives or managers, or certain individuals granted national interest waivers
Getting a temporary employment visa such as an H-1B visa is often the first step on the path toward permanent residency status. Once you begin your job in the U.S., your employer will need to file a labor certification with the Department of Labor. The labor certification should show that there is a shortage of U.S. workers who are able, willing, qualified and available in the geographic area where you will be employed and that no American workers are displaced by foreign workers.
The employer will then file an immigrant petition for an alien worker. If all goes well, you will later have the opportunity to file a petition for an adjustment of status if you are in the U.S. or go through consular processing if you are outside the U.S.
The discussion on this Web page about green cards and U.S. jobs is general in nature. It is not intended to give you the advice you need about your unique situation. Do you believe you might qualify for an EB-1 visa on the basis of “extraordinary abilities,” or because you are an “outstanding professor or researcher”? Do you qualify because of your particular advanced degree or because of your particular profession or special skills? For best results, consult with an immigration attorney as soon as you have the idea of living and working in the U.S. permanently on the basis of a particular job. Miley & Brown, P.C., has years of experience helping immigrant workers obtain employment-based visas and green cards. Many have gone on to become U.S. citizens.