The professional Green Card

Permission is required to enter the United States:

• ESTA travel authorization for transit and short stays of less than 90 days;
• The USA non-immigrant visa, depending on the nature of your stay;
• The Green Card immigrant visa for expatriation to the USA.

The most commonly used methods of obtaining a permanent resident card are: Green Gard through marriage or by drawing lots in the Green Card lottery. Here are the details of the procedure for obtaining a professional Green Card.

The 5 employment-based Green Card categories

To work in the USA, you need a Green Card. Below are details of the 5 preference categories making up the Green Card for Work and their respective quotas.

EB1 Employment-based immigration

This category of Green Card is reserved for three categories of professionals:

• Extraordinary talents in art, science, education, business and sport. These people must meet at least three selection criteria or have a world-renowned award (Nobel Prize, Pulitzer, Oscar, Olympic medal, etc.);
• Highly qualified professors and researchers able to demonstrate international recognition in a specific academic field and with at least 3 years’ experience in the same field. They will also have to submit a job offer from an American university or research institute;
• Company directors (executives and managers) who have worked for the U.S. company abroad for at least one year in the three years preceding the visa application, and are now transferred to the same company, this time on U.S. soil.

EB2 Employment-based immigration

This category of Green Card through work is divided into two categories:

• Holders of a higher education diploma, minimum Master’s degree or Bachelor’s degree if supplemented by 5 years’ professional experience;
• Holders of a degree attesting to exceptional skills in the fields of art, science or business combined with testimonials attesting to 10 years of expertise, proof of significant contributions in the field of activity, etc.

Both categories require a Labor Certification (LC) issued by the Department of Labor. This work permit can only be obtained if the employer can demonstrate to the American authorities that no American citizen meets the hiring criteria.

For this category of preference, it is possible to obtain, under certain conditions, a National Interest Waiver, which is an exemption from Labor Certification. The first condition is that the job must serve the American national interest.

EB3 Employment-based immigration

This category of Green Card is reserved for three categories of professionals:

• Skilled workers with at least two years’ professional experience;
• professional workers with an American bachelor’s degree or its foreign equivalent;
• Unqualified workers for jobs that are not seasonal or temporary but require less than two years’ training.

Obtaining a work certificate is compulsory, and there are no exemptions. The waiting time for an unskilled worker can be 8 years or more.

EB4 Employment-based immigration

This category of Green Card through work is reserved for “special immigrants”, i.e. religious workers, employees of international organizations, members of the armed forces, and so on.

EB5 Employment-based immigration

This category of Green Card through employment is reserved for foreign investors investing between $500,000 and $1 million and creating at least 10 jobs.

Obtaining a Green Card based on employment

With the exception of the EB1, the application for a Green Card through work must be motivated by the company, which implies that the applicant has carried out a job search and found work in the USA with a company willing to sponsor him/her.

The procedure differs depending on whether the future employee is in the United States or abroad, but in both cases, the level of English must be good, and calling on the services of a specialized lawyer may prove wise.

Consular procedure

For a future employee residing abroad, the employer must send theUSCIS a foreign worker application. At the same time, the company must obtain work authorization by demonstrating that no American citizen is able to meet the employment criteria. The company also undertakes to prove that it has the financial resources to pay the Green Card applicant’s salary.

Once the application has been approved by USCIS, it will be transferred to the National Visa Center. Supporting documents will be requested, and the complete file must be presented to the American embassy during an appointment with a consular officer in the applicant’s country of origin or residence.

Status adjustment

For a foreign national already present in the U.S., the employee must complete Form I-485 to apply for an adjustment of status. The employer fills out Form I-140. Both forms and the necessary supporting documents must be sent to USCIS for consideration. Proof of identity is required:

• Two passport photos;
• A photocopy of your passport, a currently valid visa (please do not apply if you are here illegally) and your U.S. arrival stamp;
• A birth certificate
• A clean U.S. criminal record;
• Form I-693 (medical examination) and any other proof of presence in the USA.

It should be noted that the procedures are slightly different for EB4 and EB5 green card.

Once the employment-based Green Card has been obtained, the holder can immigrate to the United States. This means he can work in the U.S., since that was the reason for his immigrant visa application. Of course, it will then be the Green Card holder’s responsibility to open a bank account and take out health insurance.

The Green Card is valid for 10 years and is renewable. Five years of permanent residence and successful integration into American society are required to apply for naturalization.