key requirements for obtaining a U.S. Green Card through employment sponsorship?

[dagovi6803]

Hello!
I'm looking for a detailed breakdown of the employment-based Green Card process, including eligibility criteria, different preference categories (EB-1, EB-2, EB-3, etc.), and any recent changes in regulations. Additionally, I’d like to understand the role of the employer in this process, PERM labor certification, and timelines involved. Any guidance or personal experiences would be greatly appreciated!
Best Regards,
Dagovi
Official Site

[aagarwal0919]

Here’s a detailed breakdown of the employment-based Green Card process, based on what I’ve learned and experienced, plus a little help from skiplegal.ai

EB-1 (Priority Workers):

• People with extraordinary ability (think national or international acclaim in fields like science, arts, or business).
• Outstanding professors or researchers with at least three years of experience and international recognition.
• Multinational executives or managers who’ve worked for at least a year with a foreign affiliate of a US company.

Perks:

• No labor certification is required.
• You can self-petition if you’re applying under the extraordinary ability category.
• New updates make it easier to qualify, especially for STEM pros and entrepreneurs—broader evidence is now accepted.

EB-2 (Advanced Degrees or Exceptional Ability):

• Professionals with a master’s degree (or higher) or a bachelor’s plus at least five years of progressive work experience.
• People with exceptional ability in sciences, arts, or business (above and beyond the ordinary).

Bonus Option: National Interest Waiver (NIW):

• You can skip the job offer and labor certification if your work benefits the US in a big way (e.g., innovation or advancing critical fields).
• NIW lets you self-petition, which is a game-changer.

EB-3 (Skilled Workers/Professionals):

• A bachelor’s degree (or its equivalent).
• At least two years of training or experience for skilled roles.
• Less than two years of experience for “other workers,” but this subcategory often faces the longest wait times.

Heads-up: Labor certification is a must for EB-3, and because it’s a high-demand category, the processing time can drag on.

EB-4 (Special Immigrants):

• Religious workers, certain physicians, employees of international organizations, and others.
• Eligibility depends on the specific subcategory, but labor certification usually isn’t needed.

EB-5 (Investors):

• Invest $1,050,000 in a new commercial enterprise (or $800,000 if it’s in a Targeted Employment Area).
• Your investment must create at least 10 full-time jobs for US workers.

Recent Changes: Investment thresholds have gone up, and the Regional Center Program is extended through 2027.

Employer’s Role and the PERM Labor Certification Process:

For EB-2 and EB-3 categories, your employer handles the heavy lifting.

1. Prevailing Wage Determination: They get this from the Department of Labor (DOL) to ensure your wage meets US standards.
2. Recruitment: They must prove there are no qualified US workers available for the job.
3. Filing ETA Form 9089: This is submitted to the DOL to certify the job.

After that, your employer files Form I-140 to petition for your Green Card and must show they can pay the wage they’re offering.

Timelines:

• PERM Process: Expect it to take a year or more. Just getting the prevailing wage determination can take 6-8 months.
• Form I-140: Standard processing takes several months, but premium processing (15 days) is an option for an extra fee.
• Adjustment of Status (I-485): This depends on visa availability. If your priority date is current, you might be able to file it at the same time as the I-140.

Hope this helps!

[alinarizwan]

To get a U.S. Green Card through employment, the main things you need are:

1. A job offer from a U.S. employer.
2. The employer must get a PERM labor certification from the Department of Labor (to prove no qualified U.S. worker is available).
3. Then they file Form I-140 (Immigrant Petition for Alien Worker).
4. After that, you can apply for your Green Card (Form I-485) if a visa is available for your category.

It's a long process, but with a good employer and legal help, it's doable.