Green Card Through An Employer

Many employers in the United States are willing to sponsor their employees who do not have lawful status. Some professionals are able to apply for lawful status based on their own professional skills and qualifications. For people already in the United States on a temporary visa, starting an immigration process to obtain lawful permanent residence can, in some cases, lead to violations of their current visa terms. That is why it is essential to consult with an experienced immigration attorney who will evaluate your options and help you decide what the best way to proceed with your immigration case is.

Understanding Employment-Based Green Card Categories

The U.S. offers five employment-based green card categories, each serving different professional levels and qualifications. Whether you work in Texas, elsewhere in the United States or seek to relocate from abroad, understanding which category fits your situation helps you plan your path to permanent residence.

• EB-1 (Priority workers): This category includes individuals with extraordinary ability in sciences, arts, education, business or athletics. It also includes outstanding professors and researchers and multinational executives or managers. EB-1 applicants are entirely exempt from the PERM labor certification process, making this category a faster route to permanent residence.
• EB-2: (Advanced degree professionals and exceptional ability) This category requires either an advanced degree (master’s or higher) or exceptional ability in sciences, arts or business. Most EB-2 cases require PERM labor certification, though some qualify for a National Interest Waiver.
• EB-3: (Skilled workers, professionals and other workers): This category covers professionals with bachelor’s degrees, unskilled workers and skilled workers with a minimum of two years of training or experience. EB-3 cases require PERM labor certification and generally face longer wait times than EB-1 or EB-2.
• EB-4 and EB-5: EB-4 covers special immigrants such as religious workers, while EB-5 involves investment-based immigration requiring substantial capital investment in U.S. businesses.

The PERM Labor Certification Process

Most employment-based green card cases require PERM labor certification from the Department of Labor. Your employer must prove that no qualified U.S. workers are available for the position and that hiring you will not negatively affect wages and working conditions for U.S. workers.

The PERM process involves several steps. Your employer obtains a prevailing wage determination, conducts required recruitment efforts and files the PERM application. Common reasons for denial include inadequate recruitment documentation, prevailing wage errors and failure to meet specific job requirements. The process typically takes several months to over a year, depending on the complexity of your case and the Department of Labor processing times.

Processing Times And What Affects The Timeline

Employment-based green card timelines vary significantly based on multiple factors. Your preference category, country of birth, the visa bulletin, PERM processing and any Requests for Evidence (RFEs) all influence how long your case takes. Applicants from countries with high demand, such as India and China, often face longer waits due to annual visa caps. Cases requiring PERM certification add months or years to the timeline. We help clients throughout Texas and worldwide navigate these timelines and plan accordingly.

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Call our office in Arlington or in New Braunfels at 817-857-4195 to schedule a consultation and learn more about how we can help. You can also email us by clicking here.