A green card is a key to becoming a United States citizen. The formal term for a green card is legal permanent residency. Having a green card allows you to legally live and work in the United States. There are essentially three major ways to get a green card. You can get one through family members, and employer or a few other special reasons.
For many people born outside the U.S., the employment-based immigration process is an ideal route to obtaining a green card and permanent residence. Not only can the employment-based process take significantly less time than family-based immigration, but employers willing to sponsor foreign nationals often have access to financial, legal, and other resources that can smooth the way toward a successful immigration application.
Non-US Citizen may be eligible for this immigrant visa preference category if you are a skilled worker, professional, or other worker.
“Skilled workers” are persons whose job requires a minimum of 2 years training or work experience, not of a temporary or seasonal nature.
“Professionals” are persons whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and are a member of the professions.
The “other workers” subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.
Eligibility Criteria
Sub-categories |
Evidence |
Certification |
`Skilled Workers |
· You must be able to demonstrate at least 2 years of job experience or training · You must be performing work for which qualified workers are not available in the United States |
Labor certification and a permanent, full-time job offer required. |
Professionals |
· You must be able to demonstrate that you possess a U.S. baccalaureate degree or foreign degree equivalent, and that a baccalaureate degree is the normal requirement for entry into the occupation · You must be performing work for which qualified workers are not available in the United States · Education and experience may not be substituted for a baccalaureate degree |
Labor certification and a permanent, full-time job offer required. |
Unskilled Workers (Other Workers) |
You must be capable, at the time the petition is filed on your behalf, of performing unskilled labor (requiring less than 2 years training or experience), that is not of a temporary or seasonal nature, for which qualified workers are not available in the United States. |
Labor certification and a permanent, full-time job offer required. |
U.S. Department of Labor – Labor Certification
Third preference petitions must generally be accompanied by an approved, individual labor certification from the Department of Labor on Form ETA-9089. In some cases, the petition may be submitted to U.S. Citizenship and Immigration Service (USCIS) with an uncertified ETA-9089 for consideration as Schedule A, Group I.
Application Process:
Your employer (petitioner) must file a Form I-140, Petition for Alien Worker. As part of the application process, your employer must be able to demonstrate an ability to pay the offered wage as of your visa priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate an ability to pay your wage.
Employment based Green Card
Applications are ultimately approved by the United States Citizenship and Immigration Services. … Employers must file an Application for Permanent Employment Certification (ETA Form 9089) with the Department of Labor.
This can take anywhere from six months to several years to complete. Obtaining approval of the I-140 visa petition on behalf of the foreign worker. This step takes an average of approximately four months to complete, but an expediting procedure is available that reduces this to 15 business days.
Family of EB-3 Visa Holders
Your spouse may be admitted to the United States in E34 (spouse of a “skilled worker” or “professional”). During the process where you and your spouse are applying for permanent resident status (status as a green card holder), your spouse is eligible to file for an Employment Authorization Document (EAD). Your minor children (under the age of 21) may be admitted as E35 (child of a “skilled worker” or “professional”).