How To Get Them Through Specialized Employment

How To Get Them Through Specialized Employment

The following is a brief background about the employment-based green card process and who can apply for an EB-2 petition.

Vimal
Vimal
8 min read

An important part of the U.S. labor force is immigrant workers, with these making up almost one-fifth of the country’s workforce in December 2021.

This current trend is not a surprise since obtaining US green cards through employment is a faster method compared to family-based petitions.

Aside from being a faster option, employers willing to sponsor immigrant workers may offer additional non-monetary benefits.

These companies typically have the necessary resources that can pave the way to a smoother immigration application.

Undoubtedly, many people choose the road to secure employment-based green cards.

When foreign nationals can prove that they have “extraordinary ability” in their respective field, a US-based employer can easily invite them to work in the country.

At the start, foreign workers may secure employment-based non-immigrant visas.

The most common is the H-1B, given to foreign workers in what is dubbed “specialty occupations.”

These visas are temporary and must be renewed before expiration.

As such, some employers may opt to apply for a more permanent solution, such as green cards.

With help from the legal side, such as an Austin Texas immigration attorney, a path to a permanent residency becomes a possibility.

What Are Green Cards?

Green Cards are official documents that allow permanent residence in the United States. Green Cards allow you to stay in the US as long as you like with more flexibility and greater freedoms than holding a visa or work permit.

The employment-based Green Card process is complex but can be completed successfully if you are eligible and have the required documentation.

There is a range of fees involved in getting Green Cards, which include some fees your employer may have to pay and other costs for your application, interview, biometric appointment, and any required medical checks.

In addition, you may also want to set aside an extra amount for other costs such as travel to interviews and appointments, your trip to the US once your Green Card is approved, and your relocation to the US.

The process for obtaining Green Cards can take several months or years depending on how quickly you are able to gather the required documentation and paperwork.

The skills and experience of an Austin Texas immigration attorney, for instance, are likely to make the process faster since they are abreast with current immigration laws and implementing guidelines.

How To Get A Green Card Through Specialized Employment

There is no one standard, general-purpose work authorization under immigration law. Various factors include the requirements of the job you are trying to fill, the qualifications of the worker you are trying to hire, and the amount of time, money, and effort you are willing to expend.

It is even possible for you to sponsor a prospective employee for lawful permanent residence in the United States.

The first step is for you to determine whether the job you want to fill qualifies as a "specialty occupation" under U.S. immigration law.

A specialty occupation is one that requires any of the three:

A bachelor's degree or higher in a specific field of study.The equivalent of a U.S. bachelor's degree in experience and training.A combination of education and experience that is equivalent to a U.S. bachelor's degree.

For example, if you are living in Texas and already have a temporary visa it may be possible to file a petition for a Green Card.

However, it is best to seek the services of an Austin Texas immigration attorney so you’ll know your legal options.

Who Is Eligible To Receive Green Cards Through Specialized Employment?

Individuals who are working in the US on a permanent basis are eligible to receive a Green Card. In order to apply, your employer must sponsor you for your Green Card application.

If you are already in the US, the process will vary depending on your situation, but the steps are broadly similar.

You will need to fill out an I-140 form and submit it to USCIS. After your form has been approved, you will be able to file for an adjustment of status and receive your Green Card.

Of course, filing and application can all be done on your own.

There is, however, an advantage in having an experienced immigration attorney by your side.

An Austin Texas immigration attorney, for example, can lay out several options that are tailored to your needs and current lifestyle.

The Benefits Of Having A Green Card

A Green Card allows you to live and work in the United States without restrictions.

You can also maintain your permanent resident status with a Green Card.

It usually takes a year or longer if you adjust your status and file a petition for LPR status while on US soil.

However, it typically spans a few days to six months if you do it through the consular process and file the petition for LPR status while overseas.

A Green Card is typically valid for 10 years. If you need to adjust your status with the goal of becoming a US citizen, the process can take up to a year or longer.

If you file an I-90 request to have your Green Card renewed, it will cost $455 plus an $85 biometrics fee.

Requirements For Maintaining A Green Card

To maintain your Green Card, you will need to:

Immigrant visa applicants are required to obtain certain vaccinations prior to the issuance of immigrant visas.If you plan to leave the US for a year or more, you'll usually have to apply for a re-entry permit before you go, to ensure you're readmitted.People in the EB-1 extraordinary alien green card category can qualify for the EB-2 green card category if they satisfy a series of established requirements.

Additional requirements are (a) Evidence that the job requires an alien with exceptional ability, and (b) An approved labor certification.

Consulting with a skilled Austin Texas immigration attorney, for example, is a viable option at this point.

They are well up to date with immigration laws and requirements and will help you with documentation compliance.

Aliens can obtain an exemption from the labor certification requirement with exceptional ability in the sciences or arts (not business or the performing arts).

On that note, they should satisfy a series of established requirements.

The Rights Of Green Card Holders

Green Cards grant the holder the right to live and work in the US. Green Card holders also have the right to apply for a re-entry permit if they plan to return to the US within the next two years.

In addition, they have the right to live and work in any state in the US.

Green Card holders are responsible for maintaining their Permanent Residence status.

They must apply for a re-entry permit before they leave the US. Green Card holders must apply for permission to return to the US at their local consulate or embassy.

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