Many global citizens immigrate to California due to the richness of the market and the diverse economic opportunities that are available. However, it can be difficult to work through the available employment-based immigration avenues. Therefore, it is critical to have the insight of an experienced California immigration lawyer who can walk you through any of the different processes, as there are several key considerations to keep in mind for employment-based immigration.
There are multiple factors that must be taken into account when pursuing legal status through employment in California, including the following:
While all these factors are important to consider when embarking on your employment-based immigration journey, it’s also important to understand the different types of employment-based green cards and their requirements, as that can most efficiently help you find the one that fits your needs.
If you are looking into getting an employment-based green card, or if you are currently going through the application process, then you may likely be feeling overwhelmed and confused. There are many kinds of employment-based green cards, and the application process for all of them is different, based on their requirements and timelines.
An EB-1 green card is for priority workers, and the following individuals may be eligible for receiving such a residence permit:
To obtain an EB-1 green card, you do not need to have received an offer from a company or organization that is willing to sponsor you. The advantage of such an employment-based green card is that you can self-petition for it.
An EB-2 employment-based green card, however, requires the sponsorship of a U.S.-based organization or company. The following individuals may be eligible for receiving an EB-2 green card:
Individuals who qualify for an EB-2 green card are generally known as professionals who have exceptional abilities or advanced degrees. Physicians who have a special waiver can also apply to work in rural or underserved areas in the United States under an EB-2 green card.
An EB-3 visa is for certain skilled, unskilled, and professional workers who require an employer sponsorship. To apply for this type of work-related green card, the company must go through a labor certificate PERM process. Eligible workers include those who have at least 2 years of relevant experience, those who have less than 2 years of relevant experience, and those who hold a bachelor’s degree.
Special workers, such as professionals in religion or media, as well as Iraq and Afghanistan nationals who served the U.S. government, may be eligible for an EB-4 visa. Additional special workers who may qualify include certain kinds of employees or retirees, along with their close relatives.
The EB-5 green card is suitable for investors who have plans to invest at least one million dollars into the country or $500,000 into underserved or underdeveloped areas. The money must be invested into creating a U.S.-based business that will create at least 10 new employees.
A: If you are an individual, family, or business facing immigration-related issues in California, then it is advisable to work with an immigration lawyer. They can analyze the details of your case and determine which avenue is most optimal for you to achieve your immigration goals. They can also help you avoid any minor mistakes or disqualifications that could delay or jeopardize your entire application.
A: If you are a foreign national hoping to work in California, then you will first need to obtain a work-related visa to enter the country. The visa will be allotted for a certain period of time. Based on your eligible criteria, you may be able to apply for a green card to obtain lawful permanent resident status.
A: If your employer files a Form I-140, which is a petition to modify your legal status with the USCIS, then the processing can take anywhere from 5 to 8 months. However, if there are any issues with your application, or there is a request for additional evidence, then your processing may take anywhere from 3 to 6 months longer.
A: Not every type of employment-based green card in the United States requires a sponsorship. For example, the EB-1 application requires you to show that you have particular skills that make you outstanding in your field of work, and it can be applied for through self-petitioning. If you are unsure whether your application requires sponsorship or not, and how to obtain it, then it is advised to work with an experienced immigration lawyer.
At US Law Center, our immigration law firm understands the complexity and uncertainty that can come with immigrating to the United States for employment reasons, whether you are alone or with your family. Businesses looking to hire foreign talent can also face legal challenges. The immigration law team at our California-based firm is here to support hardworking individuals who are pursuing the American dream. Get in touch with an immigration attorney from our team today to get started.