How do I get a Green Card through employment?
Work visas are dual-intent visas, visa holders are eligible for permanent residency by applying for a green card (Form I-485). If you are interested in staying in the U.S., it is recommended to start the application process sooner rather than later. Once your work visa expires, there are may be difficulties with applying for a green card.
What is my preference category?
The employment-based (EB Green Card) “preference immigrant” categories include:
1. First preference (EB-1) – first preference immigrant worker
- Foreign citizens with extraordinary ability in the sciences, arts, education, business, or athletics
- Outstanding professors and researchers
- Certain multinational managers and executives
2. Second preference (EB-2) – foreign citizen who is a member of a profession that requires an advanced degree, has exceptional ability in the sciences, arts, or business, or seeking a national interest waiver
3. Third preference (EB-3) – skilled workers, professionals, or other workers
How long does it take?
- The Employer applies for PERM labor certification, the process may take 4 to 6 months.
- The Biometrics appointment is scheduled within 4-6 weeks.
- Your EB Green Card is issued 8-10 months after filing
This information is approximate and does not guarantee that the actual timeline of your application will be the same.
What documents are required for a Green Card through employment?
- The original labor certification obtained by the employer.
- Form I-140 – Petition for an Immigrant Worker submitted by the employer.
- Federal tax returns, financial statements or annual reports showing that the employer can pay the wage offered to the employee.
- Official academic records of the employee, such as diplomas and transcripts.
- Letters from previous employers proving the work experience.
- Letters from trainers proving the training received.
- The employee's passport that is valid for six months beyond the period of their intended stay in the United States.
- Form I-485 Application to Register Permanent Residence or Adjust Status
- Biographic Information of the employee
- Non-immigrant Arrival/Departure Record (I-94)
- Medical Examination report
- Employment Authorization/Work Permit (if necessary)
Evidence depending on the original visa type (H-1B, L-1A, O-1, etc.):
- Evidence that the U.S. employer has been doing business for at least one year before the application.
- Evidence and a cover letter that describes the Name of the foreign employer, Position offered in the U.S., Position held abroad, Years of employment, Date transferred to the U.S., if applicable, and Claimed relationship between the foreign employer and the U.S. petitioner (affiliate, subsidiary, joint venture, etc.)
- The relevant evidence for each individual regulatory criterion the beneficiary is attempting to satisfy.
- Evidence that the beneficiary has at least three years of experience in teaching and/or research in the academic field (if applicable).
- A copy of the petitioner's actual job offer issued to the beneficiary. This letter or contract must include the job title, terms, and conditions of the position offered.
The list may vary depending on each individual case, you may be requested only one of the documents listed above or you might be requested additional documents.
How much does it cost?
U.S. government fees are mandatory and nonrefundable:
- Labor Certification Fee, paid by the employer: $2,000 - $5,000
- USCIS filing fee to file Form I-140: $580
- USCIS biometric services fee: $85
- USCIS filing fee to file Form I-485: $1,070
- Fraud detection and prevention fee for L-Visa petitioners: $500
- Medical Exam fee: $60-$300
The total cost can vary depending on each individual case. The figures above do not include attorney fees, professional assistance and translation fees, travel costs, securing needed documents, postage, etc. Government fees may change by the decision of the government.
Application advisory fee charged by Immigrate.tech: $899
Application tips:
- Submit your valid and up-to-date official documents
- Do not provide false, misleading or fraudulent information or documents
- Answer all of the questions honestly
- Avoid spelling mistakes
- Provide as much information as you can