One of the primary immigration issues in the United States is whether to allow undocumented immigrants to stay in the country. Individuals who come to the United States from other countries have legal options to remain in the country and one option is to obtain an employment-based green card.

Employer’s Steps in Obtaining an Employment-Based Green Card

If you are an employer who wants to hire non-US citizens must follow the proper steps and meet the federal requirements before hiring a non-US citizen worker.

First, you must file a labor certification with the United States Department of Labor (DOL). The certification must say that there are no United States workers available or willing to the fill the job position at your business. You must show proof of unavailability and unwillingness to the jobs by:

  • Showing that you advertised for the position;
  • Showing the skill requirements for the position;
  • Verifying the salary or wage of position; and
  • Verifying your ability to pay the salary or wage.

If the DOL approves your certification, you must have to file an Immigrant Petition for Alien Worker form (Form I-40).

Employee’s Steps in Obtaining Employment-Based Green Card

If you are not a United States (US) citizen, a green card provides you the right to stay in the live and work in the United States. The process to get an employment based green card can take many years. The basic categories for immigrants seeking lawful permanent residence in the United States, include: 

  • First preference, also called EB-1, is for priority workers, which includes outstanding professors; certain multinational executives; and extraordinary individuals in the sciences, arts, business, or athletics;
  • Second preference, also called EB-2, which includes members of professions holding advanced degrees; and
  • Third preference, also called EB-3, which includes skilled workers and professionals. 

To file for your employment-based green card you must complete all the requirements set by federal law. Some of the requirements include:

  • File the Application to Register Permanent Residence or Adjust Status (Form I-485);
  • You must be physically in the United States when you file Form I-485;
  • You must be eligible to get an immigrant visa;
  • Your job offer must still exist with the employer who files the Form I-140 on your behalf; and
  • You must accept the job once United States Citizenship and Immigration Services (USCIS) approves your Form I-485.

Questions for Your Immigration Lawyer

Getting you employment-based green card or filing to hire a non-US citizen for your business can be time-consuming and complicated. Because the employment-based green card process (process) has serious life-changing consequences and results, it is very important to ask your attorney questions, such as:

  • Do you have experience handling cases like mine?
  • How will you help me through the process (for example, handling paperwork)?
  • What are the steps in the process?
  • How much are the process cost and the attorney fees?
  • What are the consequence and/or results of receiving an employment-based green card or approval to hire a non-US citizen?

An immigration lawyer has the legal knowledge and experience to handle your green card paperwork and concerns.