Immigration TALK: Specific Job Skills May Lead to a Green Card

May 15, 2011 News

By Attorney Gail S. Seeram, [email protected]

Many people become permanent residents through a job or offer of employment. Some categories require a certification from the U.S. Department of Labour to show that there are not enough U.S. workers who are able, willing, qualified, and available in the geographic area where the immigrant is to be employed and that no American workers are displaced by foreign workers.
In other cases, highly skilled workers, those with extraordinary ability in certain professions, and investors/entrepreneurs are given priority to immigrate through several immigrant categories. In all cases, the process involves several steps.
The main ways to immigrate based on a job offer or employment are listed below:
Green Card Through a Job Offer: You may be eligible to become a permanent resident based on an offer of permanent employment in the United States. Most categories require an employer to get a labour certification and then file an Immigrant Petition for Alien Worker, for you.
Green Card Through Investment: Green cards may be available to investors/entrepreneurs who are making an investment in an enterprise that creates new U.S. jobs. The dollar amount that must be invested is $1,000,000 or $500,000 in a targeted area.
Green Card Through Self Petition: Some immigrant categories allow you to file for yourself (“self-petition”). This option is available for either “Aliens of Extraordinary Ability” or certain individuals granted a National Interest Waiver. This may include physicians, registered nurses and occupations where there is a shortage of workers in the United States.
Green Card Through Special Categories of Jobs: There are a number of specialised jobs that may allow you to get a green card based on a past or current job. All of these require a Petition for Amerasian, Widow(er), or Special Immigrant:
Afghan/Iraqi Translator
Broadcaster
International Organization Employee
Iraqi Who Assisted the U.S. Government
NATO-6 Nonimmigrant
Panama Canal Employee
Physician National Interest Waiver
Religious Worker
In some cases, you may be able to file the immigrant petition at the same time that you file for adjustment of status, known as “concurrent filing.” In some employment-based categories, there is a backlog to visa availability. If you are not eligible to adjust your status inside the United States to a permanent resident, the immigrant petition will be sent to the U.S. consulate abroad to complete the visa process. In order to apply for a green card, there must be a visa immediately available to you.
In cases where you have overstayed in the United States and accrued unlawful presence, you may not be eligible to adjust status in the U.S. (or obtain a green card in U.S.) if you have an approved employment based petition.

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Immigration TALK: Specific Job Skills May Lead to a Green Card

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