Employment in the U.S. can be the basis for a Green Card.
A Green Card is an official document that proves a person’s permanent residency in the U.S. Permanent residency can be turned into U.S. citizenship after a period of time.
Most people seek permanent residency primarily because it is a step in the citizenship process, but Green Card holder has most of the same rights U.S. citizens have:
- Green Card holders can live in the U.S. permanently
- Green Card holders can work in the U.S. in most jobs (Some jobs, government positions, for example, are only for citizens.)
- Green Card holders are protected by all U.S. laws
In general, there are four ways to get a Green Card through employment.
- A Job Offer
- An Investment
- A Self Petition
- A Job in a Special Category
Green Card through Job Offer
To get a Green Card through a job offer, employers must complete and file Form I-140, Petition for Alien Worker, for the person they are interested in hiring.
If the person is living inside the U.S., Form I-140 has been approved, and there is a Green Card available for this category, the person must file Form I-485, the Application to Register Permanent Residence or Adjust Status. The documents that must be submitted with the I-485 are the following:
- A copy of the approval notice
- Two color photographs taken within the last 30 days
- Form G-325A, Biographic Data Sheet
- Form I-693, Medical Examination
- A letter from employer with the job offer
- Form I-864, Affidavit of Support, which has been completed by the employer
If the person is living outside the U.S., he or she will be applying for a Green Card through Consular Processing. Consular Processing involves the USCIS and the Department of State and those two agencies work together to approve Form I-140 and issue the Green Card when it becomes available.
Green Card through an Investment
To get a Green Card through an Investment, a person must file Form I-526, Immigrant Petition by Alien Entrepreneur. An investor must show that he or she can invest $1,000,000 in business in the U.S. If the business will be set-up in a targeted area of high unemployment, then the investment is at least $500,000.
If the person is inside the U.S., Form I-526 has been approved, and there is a Green Card available for this category, the person must file Form I-485, the Application to Register Permanent Residence or Adjust Status. The documents that must be submitted with the I-485 are the ones mentioned above.
If the person is outside the U.S., he or she will be applying for a Green Card through Consular Processing. Consular Processing involves the USCIS and the Department of State and those two agencies work together to approve Form I-526 and issue the Green Card when it becomes available.
Green Card through Self-petition
People with extraordinary ability in sciences, arts, education, business or athletics and people who are given a National Interest Waiver do not need a job offer or an investment to get a Green Card. There are very few people who are eligible for this category: Examples are Nobel Prize winners and famous athletes.
To get a Green Card through a self-petition, people must complete and file Form I-140 on their own.
If the person is living inside the U.S., Form I-140 has been approved, and there is a Green Card available for this category, the person must file Form I-485, the Application to Register Permanent Residence or Adjust Status. The documents that must be submitted with the I-485 are the same ones mentioned above.
If the person is living outside the U.S., he or she will be applying for a Green Card through Consular Processing. Consular Processing involves the USCIS and the Department of State and those two agencies work together to approve Form I-140 and issue the Green Card when it becomes available.
Green Card through a Special Job
A Green Card through a Special Job can be given to someone whose profession is one of the following:
- Afghan/Iraqi Translator
- Armed Forces Member
- Broadcaster
- International Organization Employee
- Iraqi Who Assisted the U.S. Government
- Afghan Who Assisted the U.S. Government
- NATO-6 Nonimmigrant
- Panama Canal Employee
- Physician National Interest Waiver
- Religious Worker
To Get a Green Card through a Special Job, a person must file Form I-360, Petition for Special Immigrant. The documents that must be submitted with Form I-360 will vary depending on the job.
