A Green Card Through a Job Offer

One of the most important documents sought by people wishing to migrate permanently to the United States is the Green Card. Once it has been acquired it gives you the same rights as a permanent resident, which means you can work and live permanently in the country anywhere without restriction.

One of the key ways of gaining access to a Green Card is through the offer of a job. This must be a permanent position. The employer will be required to get a labor certification before a permanent offer of a job is possible. This normally means that there is no other suitable American citizen available to fill the position. The employer needs to file Form I-140 on your behalf, which is called an ‘Immigrant Petition for Alien Worker’.

Sometimes, a Green Card acquisition is possible through investment. This can take place if the investor is providing money for an enterprise which will create new jobs.

There are limited situations where you are able to file for your own Green Card without assistance, such as under the category “Aliens of Extraordinary Ability.” It may also be possible if you are eligible for a National Interest Waiver. There are from time to time specialized jobs that are eligible for a Green Card, such as a broadcaster, a Panama Canal employee, an international organization employee, an Iraqi who gave assistance to the U.S. government, a national interest waiver for a physician, an Afghan/Iraqi translator, a religious worker and a NATO-6 Non-immigrant.

If you are not eligible to adjust your status within the United States and take up permanent residency, the U.S. consulate overseas will be responsible for undertaking the visa process. In order to file an application for a Green Card, you need to have a visa sorted out in advance.

If you Have Been Offered a Job

If you have been offered a permanent job or if, as an employer, you have a permanent job opening, there is a set procedure to follow, normally using Form I-140 petition for alien worker.

Application Process

If you do not reside in the United States it is possible to obtain permanent residency through consular processing through the U.S. consulate in your country. This is when the USCIS works with the Department of State to issue a visa on an approved Form I-140 petition when a visa is available.

If you do reside in the United States, you may be able to get permanent resident status and a Green Card through adjustment of your status. As soon as approval has been given through the I-140 (Immigrant Petition for Alien Worker) and a visa number has been issued, you may file your application on Form I-485, which is an Application to Register Permanent Residence or Adjust Status.

When you file Form I-485 you are required to provide certain documentation, including parole or admission into the U.S., evidence of inspection and your arrival and departure Record found on form I-94.

Other evidence should include the following:

* a letter with your job offer provided by your employer;

* 2 color photos less than 30 days old;

* if you are between 14 and 79 years you will need to provide Form G-325A, which is your Biographic Data Sheet;

* medical examination form I-693. This is not necessary if you have remained permanently in the U.S. prior to 1972 or if you have undertaken a medical exam based on a visa as a fiancé visa;

* Affidavit of Support, Form I-864, which should be filled in by your sponsor.

Once you have filed all the required information you are well on the road to gaining a Green Card and all the benefits that go with permanent residency status in the United States.

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EXPERTS IN IMMIGRATION LAW