Exploring Green Card : Finding the Right Immigration Path

Are you an international working professional in the United States aspiring to obtain a Green Card?

Navigating the intricacies of the US immigration system can be overwhelming, especially when it comes to understanding the various Green Card categories available.

In this blog, we will demystify the process and shed light on the five primary Green Card categories: EB-1 (ABC), EB-2, EB-3, EB-4, and EB-5. Each category is tailored to specific qualifications and circumstances, offering different avenues for individuals seeking permanent residency. Whether you possess exceptional expertise in your field, hold advanced degrees, possess extraordinary skills, excel in religious studies, or have substantial financial resources, we will guide you through the options available, helping you identify the most suitable category for your situation.

If you're a regular working professional in the US, this blog is designed to provide valuable insights and assist you in making informed decisions about your immigration journey. Let's dive in!

The US employment-based immigration system primarily consists of five categories: EB-1 (ABC), EB-2, EB-3, EB-4, and EB-5, each catering to specific types of applicants. 

EB-1 is ideal for experts in various fields who possess exceptional abilities and achievements. 

If you have a higher level of education and are considered a master in your field, EB-2 is worth exploring. 

EB-3 is suitable for individuals with average educational backgrounds but possess exceptional technical skills. 

If you have made significant contributions to the religious field, EB-4 might be the right choice for you. 

Lastly, if you have substantial financial resources, EB-5 allows direct immigration through investment.

If you are an ordinary US worker without specialized religious research, outstanding achievements in a specific field, or substantial investment capital, this blog will provide valuable insights to help you navigate your immigration journey between EB2 and EB3.

The essence of employment-based green card

Why are EB-2 and EB-3 suitable for ordinary workers seeking employment-based Green Cards? It's because these categories require employer sponsorship for your application. The requirements for these categories are relatively less stringent compared to others, making them more friendly for regular workers who graduate from universities in the US and seek employment opportunities.

Of course, if you have a doctoral degree or higher, you can try applying for the EB-1 Outstanding Talent visa or the EB-2 National Interest Waiver (NIW) without the need for employer sponsorship.

Let me briefly explain the essence of these two Green Card categories. They are essentially based on job offers, which means your employer applies for your Green Card while you don't have it yet. So, the employer's application is actually securing your future job opportunity, and once you receive the Green Card, you can work for the employer. As long as you meet your employer's requirements, whether you are currently in the US, have previous work experience, or work for the same company doesn't matter. What matters is whether the employer is willing to sponsor you for the Green Card. However, it's important to note that the entire process can take anywhere from 1 to 10 years. 

Now, let's talk about the difference between EB-2 and EB-3. The main distinction lies in the educational requirements and work experience.

• EB-2 is relatively more difficult to apply for, as applicants need a master's degree or higher, along with 5 years of relevant work experience (which can be accumulated both within and outside the US).

• EB-3 applicants need a bachelor's degree or higher, along with two years of work experience or skills training.

• In any case, if you're unsure which category to choose, it's crucial to consult a reliable attorney.

Let's get back to the main topic. Generally speaking, the application process for EB-2 and EB-3 can be broken down into three steps: the PERM Labor Certification, the I-140 application, and the I-485 application. To simplify understanding, let's take a look at this diagram.

Step1: PERM Labor Certification: This is the first step in the EB-2/EB-3 application process (NIW does not require PERM and can proceed directly to the immigration application). We will provide a detailed article on PERM in the future, so make sure to keep an eye out for it. Now, let's focus on PERM itself. The purpose of this step is to protect American workers. How so? During this process, the employer needs to prove that they made every effort within their operational capacity to recruit American workers but were unsuccessful, leading them to hire a foreign worker (that's you!). It's similar to the first step of the H-1B application, where the employer applies for an LCA (Labor Condition Application) to demonstrate that hiring you will not harm the interests of American workers. As the number of applications increases, the Department of Labor has become stricter in reviewing PERM applications. This strictness refers to whether the employer genuinely made a diligent effort to recruit American employees, such as actively advertising job positions on various recruitment websites, ensuring clear job descriptions, and clarifying salary and benefits. In short, it's about making the utmost effort to advertise and recruit.

Step 2: I-140 Application: Once the PERM Labor Certification is approved, the employer can move on to the second step, which is filing the I-140 application. This form establishes the employer's intent to hire you as an immigrant worker based on your qualifications and the needs of the company. The I-140 application requires supporting documents, such as educational credentials, work experience, and evidence of the employer's ability to pay the offered wage.

Step 3: I-485 Application: The final step is the I-485 application, also known as the Adjustment of Status. This is where you, as the beneficiary of the Green Card, apply for permanent residency. Along with the I-485 form, you will submit additional documents such as identity documents, medical examinations, and a fee payment. The I-485 application is typically filed when a visa number becomes available.

It's important to note that the overall process can be complex and time-consuming. It's advisable to seek the guidance of a knowledgeable attorney who can help navigate through the requirements and ensure a smooth application process.

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