Green Card Through Your Employer:
An employer can sponsor his employee's
Green card. It is a multi step process, which involves
certain document work confined by few rules and regulations.
There are few categories for granting permanent residence
to the foreign nationals, based on employment skills. The categories are:
EB1, EB2, EB3, EB4, EB5.
Most of the technical workers fall under first 3 categories. i) EB1: People with extraordinary ability in the science,
arts, education, business or athletics, professors,
researchers and Ph.D. holders etc. falls under this
category.
It also includes people working here as managers and
executives on international transfer basis (Company
transfer L1 holder) (ii) EB2: This includes people with extra ability in
the field of science, arts or business, and advanced
degree professionals (PG. degree holder). iii) EB3: This includes professionals with Bachelor/
Graduate degree, and other skilled workers. Employment based green card,
is a 4 step process:
It's a sequential step wise process.
| Step
1: Labor Certification
Application (ETA-750) submission
through your employer to DOL (Department of labor).
Step 2: Petition
for immigration I-140
Your employer files Application
(I-140) to INS.
Step 3: Adjustment
of Status ( I-485) OR Consular Processing
File I-485 and other supporting
documents with INS, for yourself and family within
USA.
At this time you can also file for EAD ( Employment
Authorization Document) and AP ( Advance Parol
or Travel Document) , once you file for 485, you
will be required to do fingerprinting.
In this case Step 2 and 3 can go parallel, known
as concurrent filing, however 485 can't be approved
without approval of I40.
OR
Take consular processing Interview at a US consulate
in your Home Country.
Step 4: Finally
Get the stamping in your passport
and Receiving the Plastic card. |
Note: The
overall process is time consuming, as involves formalities
and lot of paper work. It is granted against per year
Quota/per country/per category. Another constraint is
that a person applying for a green card needs to stick
with the company, through which his/her green card is
getting processed, till he gets his Green card. Otherwise
he loses the process, and needs to apply for a fresh
application from the beginning.
Sample Affidavit for Green
Card purpose.
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