Is it difficult to get an Employment Based US Green Card?

Many people who wish to live and work in the US wish to get in employment green card, which allows them to live and work in the US permanently as permanent residents. Getting an employment based green card can be difficult and time-consuming, and yet thousands of people get US green card through work every year. You can get an employment based green card by following the process:

  1. Find a job in the US. You cannot apply for an employment green card until you already have a job or job offer in the United States. One option is to take on either permanent or temporary work in the US. For example, a professor may seek a tenure-track position in the United States. If the professor is chosen for the job, the university will generally help the professor get an employment based green card so that he or she can teach in the United States. Another option is to look for temporary work, through an L-1 visa or H-1B visa, for example. If the employer eventually offers you a permanent job, then the process for applying for US Green card can begin.
  2. The employer needs to file a labor certification with the US Department of Labor. This application must contain information showing that no qualified US-based employees are willing or available to do the job that the non-US worker will do. Generally, the employer will need to submit skill requirements for the job, ads for the job, verification for the rate of pay for the job, and other documentation as well. Labor certification is usually filed electronically through PERM, although some employment categories do not require employers to seek labor certification approval.
  3. The employer must generally file Form I-140 (Immigrant Petition for Alien Worker). The employer must then get a priority date. If the priority date is current, the employer may file Form I-485 (Adjustment of Status) if the worker is already in the US. If the worker is still in their home country, the worker must obtain a green card through an embassy or consulate. If the priority date is not current, applicants must wait for the priority date.

Each year, about 140,000 applicants get a US green card through employment based applications. Therefore, quite a few people are succeeding with this process. However, the process can be quite complicated and involves finding an employer who is willing to act as a sponsor for an employee. As well, it is important to keep in mind that countries are limited in the number of US green cards granted through employment based applications each year. Therefore, applicants from countries with high populations may need to wait some time before getting their employment green card.