How Do I Apply for Employment Based Immigration?

United States immigration law gives foreign nationals a number of ways to lawfully become permanent residents and obtain a Green Card through employment in the United States. The following are employment-based (EB) “preference immigrant” categories that prospective citizens can use to get their Green Cards:

  • First Preference (EB-1): For priority workers, such as foreign nationals with exceptional ability in the sciences, arts, education, business, or athletics, as well as outstanding professors and researchers. Certain multinational managers and executives are also included in this category.
  • Second Preference (EB-2): For foreign nationals who are members of professions that require advanced degrees. Foreign nationals with exceptional ability are also included in this category.
  • Third Preference (EB-3): For foreign nationals who qualify as skilled workers, professionals, or other types of workers.

Eligibility Requirements

If you are a foreign national in the U.S. who wants to apply for lawful permanent resident status under the categories listed above, you will need to meet the following eligibility requirements:

  • Properly complete and file Form I-485, Application to Register Permanent Residence or Adjust Status.
  • You were inspected when you were admitted into the U.S, or you were inspected and paroled into the U.S.
  • You are physically in the United States when you file your Form I-485
  • You are eligible to receive an immigrant visa
  • An immigrant visa is immediately available when you file your Form I-485 and at the time USCIS decides to finalize your application. To learn more about visa availability, consult these sources: Visa Availability and Priority Dates, Adjustment of Status Filing Charts, and the Department of State’s Visa Bulletin.
  • The job offered to you in the Form I-140, Immigrant Petition for Alien Worker is still offered by the employer who filed the Form I-140 on your behalf. You must also plan to accept the job offer once USCIS approves your Form I-485. If you filed Form I-140 as a self-petitioner, you will need to make plans to work in the same or similar occupational field as the one specified in your Form I-140. If you have a new job or employer, section 204(j) of the Immigration and Nationality Act (INA) allows for an approved Form I-140 to remain valid for adjustment of status, as long as  you submit evidence showing the new job is the same or has a similar job classification as what is on Form-140.  The Form I-485 you filed based on the Form I-140 must also remain unadjudicated for 180 or more days.
  • None of the applicable bars to adjustment of status apply to you.
  • Your status merits the favorable exercise of USCIS’ discretion.

Eligibility to Receive Your Immigrant Visa

If you are the beneficiary of any of the following, you are eligible for an immigrant visa:

  • Form I-140 was filed on your behalf and received approval.
  • You have a pending Form I-140 that ultimately receives approval.
  • Form I-485 was filed along with your Form I-140, and the Form I-140 is ultimately approved.

At Sintsirmas & Mueller Co. L.P.A., our lawyers have more than 50 years of successful legal work behind them. We strive to provide excellent customer service by offering support and one-on-one attention to all of our clients. Let our legal team use our experience and vast knowledge of immigration law to help you obtain the green-card or work visa you require. Call (888) 491-8770 to schedule your free consultation today.