||Immigration and Legal: Green Card
Employment-Based Preferences |
Green Card Lottery
Green Card: Employment-Based Preferences
An employer who is currently sponsoring your H1-B
visa may offer a permanent job. Because of the six-year limitation on working in the
U.S. with an H1-B, you would need to get a green card to take such a job. While your
employer only has to prove that you will be paid a normal wage in order to meet
Department of Labor requirements for the H1-B, he must show that the permanent
job he is offering you cannot currently be filled by U.S. citizens. Here are the
four steps to applying for a green card by employer-sponsored Labor Certification:
- Your employer should apply for Labor Certification with
the Department of Labor. Your employer has 2 application choices:
- Regular Labor Certification is a lengthier process, but has a higher rate of success.
- You must file the Department of Labor forms
and ETA 750B,
and wait for advertising instructions from the Department.
- Processing takes from 1 to 3 years.
- Reduction in Recruitment Labor Certification is quicker, but also riskier:
- The employer must prove to the Department of Labor that he or she has already unsuccessfully attempted to recruit U.S. workers for that position, through previous newspaper advertising, job fairs, Internet postings, etc.
- Processing takes 3 to 8 months.
Note: If your employer wants to use the Regular Labor
Certification method, you should start filing the paperwork no
later than the time you receive your H1-B extension.
- After receiving an approved Labor Certification, your employer may
apply to the INS with an I-140,
which is an Immigrant Petition for Alien Worker.
- Any spouse and children of the foreign national are included in the I-140.
- Processing for the I-140 takes 3 to 8 months.
- Once the
I-140 has been approved, you must apply for Adjustment of Status.
- After applying for Adjustment of Status,
work authorization should be received within 90 days.
- Interview for the green card in 6 to 36 months.
- You and your spouse and children will
receive permanent residence green cards upon successful completion
of the interview.
Green Card Lottery