Many people wish for the famous Green Card, but do you know that there are different ways to get permanent residency in the United States? At Imigra Foundation, for example, we work mainly with the immigrant visa process EB-3 (Employment based third preference category), focusing on the Green Card modality through job offer, which can be qualified or less qualified.
It is important to highlight that there is the possibility of EB-3 application for job vacancies that are considered qualified and require a bachelor’s degree, but we usually work with applications for less qualified jobs performing simpler positions, that is, when a degree is not necessary to perform the offered job, and only a few months of experience is usually required. But how does this process work?
It is necessary to understand that the EB-3 requires a sponsor, since it is through them that the process will begin. The sponsor may be a company, small company, start up and even private households can offer jobs, such as nanny, housekeeper, caregiver, cook and others.
The first step to those who want to join the EB-3 process to acquire their Green Card through work is to get a job offer through a sponsor. There are agencies that offer the service of finding a sponsor to those who want to get a job in the US. However, we highlight that we do not work with this kind of approach.
The ideal is that the person finds his or her sponsor by searching in a natural way, among acquaintances, establishments and enterprises that may be interested in offering a job to a foreign worker. The sponsoring company or household will initiate the process that will be splitted in 3 stages.
The sponsoring company or household will request a prevailing wage determination in order to have the minimum wage issued by the Department of Labor and initiate the advertisement period.
After the recruiting period is over and if there is no American citizen qualified, available or interested in filling the vacancy, it will be possible to file the Labor Certification Application (LC) with the Labor Department on behalf of a foreigner.
After the analysis and approval of the Labor Department (DOL), the process will start with the USCIS U.S Citizenship and immigration services. First of all, by filing the immigrant petition, I-140 on behalf of the foreign worker.
The next and last step will be the application to Adjust Status (Green Card), together with employment and travel authorization requests.
Both the I-140 Immigrant Petition for Alien Worker and the Adjustment of Status (I-485) may be filed concurrently if the priority date is current. This is determined by the United States Department of State Visa Bulletin of the United States Department, which is updated monthly.
The whole process can take at least 24 months or more, to be concluded. Upon approval of Adjustment of Status, the Green Card will be issued to the foreigner.
If the foreign worker is outside of the United States, he or she may apply at a U.S. Department of State consulate abroad for an immigrant visa in order to come to the United States and be admitted as a permanent resident. This pathway is referred to as a consular processing.
Did you understand how this process works? If you have any doubts, please write a comment below.