The Road to Green Cards: Navigating Employment and Family-Based Paths
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- July 20, 2024
The Road to Green Cards: Navigating Employment and Family-Based Paths
Conquering the passage of becoming a green card holder in the USA may prove challenging and daunting. According to Financial Express, in 2024, there are almost 35 million applicants who have applied for the green card. The study also found that the green card will be issued to only 1.1 million people.
Getting a green card in such a scenario is quite difficult. However, understanding the ways to get a green card through employment and family-based pathways is quite helpful.
Through this article, we will first go through what a green card is, and then understand the family-based and employment-based green card pathways. Moreover, we will conclude this with a holistic approach to why you would need the guidance of a visa lawyer in this whole process.
What are Green Cards?
The Green Cards, or Permanent Resident Cards, are official documents issued to foreigners to reside and work in the United States permanently. Having a green card provides you with permanent residency status. This is an excellent step towards attaining U.S. citizenship.
There are two options to apply for a green card, i.e., employment-based green card (EB green cards) and family-based sponsorship. In a work-based sponsorship, the US employer must sponsor the employee based on their special abilities and qualifications.
In the case of a family-based sponsorship, the individual must have relatives with United States citizenship or permanent residency. The relatives or family members can file a petition for the legally admitted family member or members, which can result in issuing a green card.
Understanding Family-Based Pathways to Green Cards
Here’s a comprehensive overview of the family-based Green Card pathway.
1. Immediate Relatives of U.S. Citizens:
This category includes spouses, unmarried children under 21 years old, parents, and siblings. Moreover, immediate family members have an advantage in the US Green Card application process. They enjoy shorter waiting times than other applicants.
2. Petitioning Process
An eligible U.S. person with citizenship or a permanent residency card needs to file a Form I-130 with United States Citizenship and Immigration Services (USCIS) on behalf of the family member. Once the I-130 petition is approved, if the relative is already in the United States for study or working purposes, they can apply for adjustment of status (Form I-485). If the family member lives outside the U.S., they will go through Consular Processing, which involves securing the physical visa application with all the requirements from the US Embassy or Consulate of their residence country.
Understanding Employment-Based Pathways to Green Cards
Here’s a comprehensive overview of getting an employment-based green card.
1. Employment-Based Preference Categories
Employment-based preference categories like EB-1B, EB-2, and EB-4 are based on the type of job and the applicant’s qualifications. The EB-1B group includes outstanding professors and researchers, as well as outstanding individuals with exceptional talents. EB-2 is reserved for professionals who have earned or can demonstrate advanced degrees or exceptional abilities in art, science, and business. The EB-3 is designed for skilled and unskilled workers and some professional workers. Religious workers can be petitioned under the EB-4 category.
There is also the EB-1A category. The EB-1A (Extraordinary Ability) is a first-preference employment-based green card option for foreign nationals considered to be at the top of their field. It’s one of the fastest ways foreign nationals obtain a green card and is often considered the “cream of the crop” in their field. The EB-1A applicant can self-petition himself/herself based on his/her extraordinary abilities and does not need to obtain the Labor Certification.
2. Labor Certification Process
The employer must get a permanent labor certification from the Department of Labor (DOL). In the labor certificate, the DOL must satisfy two facts. The first one is that no US employees are qualified and available for that particular given position. The second is that hiring a foreign employee for that particular position will not affect the wages and working conditions of American employees.
3. Employer Sponsorship and Form I-140
Once this step is accomplished, the employer files Form I-140 with USCIS on behalf of the foreign employee. The I-140 petition helps to prove that the foreign employee fulfills the prerequisites for the specific employment category.
4. Adjustment of Status (I-485) or Consular Processing
If the employee is present in the US during the counseling process, then they can file an adjustment of status application (I-485 form) to get. If they are outside the United States, they can go for Consular processing at the U.S. Embassy or Consulate of their home country.
Let Di Martino Law Group Guide You to Obtaining Your Green Card
Getting a through employment-based or family-dependent means is a simple way to hold permanent residency in the United States. However, both methods are different and have different procedures, criteria, and terms. Green cards for employees require employer sponsorship and labor certification, which show employees’ specialized working experience. On the contrary, family-based require the person to show family ties.
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The path to permanent residence status via these methods carries a lot of complexities. In this case, engaging a competent law firm like Di Martino Law Group can be of great assistance. The law firm simplifies the process of obtaining necessary documents and filing required forms.
Frequently Asked Questions
1. What is the cost of filing out a Form I-130?
The cost of filing Form I-130 online is $625, and for paper filing, it is $675.
2. What is the cost of filing out Form I-140?
The cost for filing out Form I-140 is $715 plus additional charges (if applicable).
3. What is the advantage of getting a green card through a family path?
The advantage of getting a green card through a family path is that the application process is simple and does not require a lot of documentation.
4. What is the advantage of getting a green card through employment?
The advantage of getting a green card through employment is that it leads to career growth and highly rewarding jobs for the employee.
5. How much time does the green card process take?
Usually, getting a green card takes several months to years depending on several factors.