Obtaining an Employer Sponsored Green Card: A Comprehensive Guide

Securing a green card through employment offers an efficient pathway to permanent residency in the United States. This guide covers essential aspects of obtaining an employer-sponsored green card:

What is an Employer Sponsored Green Card?

The employer-sponsored green card, a prominent avenue for foreign nationals, involves a U.S.-based company sponsoring a candidate through a job offer. Your employer serves as the petitioner, while you, as the beneficiary, receive immigration benefits.

Benefits of an Employer Sponsored Green Card

This route offers numerous advantages, including:

• Authorization to live and work in the United States.
• Eligibility for your spouse and unmarried children under 21 to obtain green cards as dependents.
• Direct path to a 10-year green card (bypassing the 2-year “conditional” status).
• Less stringent approval criteria compared to EB1A “extraordinary ability” and National Interest Waiver standards.
• No investment requirement.
• Eligibility for U.S. citizenship after five years.

The Process of Getting an Employer Sponsored Green Card

Obtaining an employer-sponsored green card follows a three-step process:

• Labor Certification: Your employer must secure an approved Labor Certification (PERM) from the U.S. Department of Labor, demonstrating the need for foreign talent.
• Immigrant Petition: Your employer files an immigrant petition (Form I-140) with U.S. Citizenship and Immigration Services (USCIS).
• Adjustment of Status or Immigrant Visa Processing: You can either adjust your status within the U.S. (Form I-485) or undergo immigrant visa processing (Form DS-260) at a U.S. consulate or embassy abroad.

Requirements to Get an Employer Sponsored Green Card

Employer Requirements:

• U.S.-based employer.
• Permanent full-time position (at least 35 hours per week).
• Bona fide job opportunity.
• Compliance with employer attestations.
• Good-faith recruitment efforts.
• Non-tailored job requirements.
• Payment of prevailing wage.
• Ability to pay prevailing wage.

Employee Requirements

• Qualification for the job based on education and experience.
• No inadmissibility for immigration to the U.S.
• Good-faith intent to work for the sponsoring employer.

Processing Time to Get an Employer Sponsored Green Card

The processing time varies at different stages:

• Labor Certification: 2-3 months (7 months if audited).
• Immigrant Petition: 5-8 months (longer with a request for additional evidence).
• Adjustment of Status or Immigrant Visa Processing: 6-8 months (adjustment) or 5-7 months (visa processing).

Important Note: Visa numbers must be available to proceed, except for certain countries. Concurrent filing of the immigrant petition and adjustment of status application can expedite processing.

Documents Required for an Employer Sponsored Green Card

Commonly needed documents include:

• Beneficiary’s CV or resume.
• Educational diplomas, degrees, and transcripts.
• Work experience letters.
• Birth certificate.
• Passport biographic page.
• Marriage certificate (if applicable).
• Employer’s tax returns.
• Copies of published job advertisements.
• Job description for the U.S. position.

Conclusion

For foreign nationals, the employer-sponsored green card offers a promising path to U.S. permanent residency. This comprehensive guide has provided insights into the process and requirements.