If you have skills, experience, or a job offer in the U.S., permanent residency through employment could be your pathway to building a future in America.
Key Takeaways:
- Employment-based green cards are available in several preference categories, each with its own qualifications and timelines.
- The process typically involves employer sponsorship, a labor certification (in many cases), and adjustment of status or consular processing.
- A qualified immigration attorney can guide you through each step, reducing delays and maximizing your chance of success.
If you’ve dreamed of building a life in the United States and have skills, a profession, or a job offer that could contribute to the American workforce, there’s good news: you may be eligible for permanent residency through employment.
As an immigration lawyer based in Florida, Weldon Law Group, PLLC has helped many individuals and families navigate the employment-based green card process. It can be complex and paperwork-heavy, but it’s also a powerful route to a stable and successful life in the U.S.
Whether you’re just starting to explore your options or you’re already working here on a temporary visa, our latest blog will walk you through what you need to know. Read on to discover your legal options!
What Does “Permanent Residency Through Employment” Mean?
Permanent residency through employment refers to obtaining a green card (lawful permanent resident status) based on your job or professional background. With a green card, you can live and work anywhere in the United States indefinitely, travel more freely, and eventually apply for U.S. citizenship if you choose.
There are different types of employment-based green cards, divided into five preference categories (EB-1 through EB-5), each designed for different kinds of workers—from multinational executives to skilled laborers.
The Five Preference Categories for Employment-Based Green Cards
- EB-1 (First Preference): This category is for individuals with extraordinary abilities in sciences, arts, education, business, or athletics; outstanding professors or researchers; and multinational managers or executives. In many cases, EB-1 applicants can self-petition, meaning they do not need a job offer or employer sponsorship.
- EB-2 (Second Preference): This category includes professionals with advanced degrees or individuals with exceptional ability in their field. Typically, a job offer and labor certification are required unless you qualify for a National Interest Waiver, which allows self-petitioning if your work benefits the U.S. broadly.
- EB-3 (Third Preference): This category is the most common category and includes skilled workers, professionals, and other workers. A job offer and labor certification (PERM) are generally required, and the wait times can be longer than for EB-1 or EB-2.
- EB-4 (Fourth Preference): This category is a special category for religious workers, certain broadcasters, and other unique groups. These cases can be more niche but are valuable options for qualified individuals.
- EB-5 (Fifth Preference): Often referred to as the “investor visa,” EB-5 is for individuals who invest $800,000 to $1,050,000 in a U.S. business and create at least 10 jobs. It’s a complex category with a high financial threshold, but it does offer a direct route to permanent residency through employment-based investment.
What Is Labor Certification (PERM), and Why Does It Matter?
For most EB-2 and EB-3 applicants, the process begins with PERM labor certification. This means the U.S. Department of Labor must confirm that:
- There are no qualified U.S. workers available for the position; and
- Hiring a foreign worker won’t negatively affect the wages or working conditions of American workers.
This process involves advertising the job, documenting recruitment efforts, and showing that no suitable U.S. worker applied. PERM is often the longest and most paperwork-intensive part of getting permanent residency through employment.
The General Process to Obtain a Green Card Through Employment
- Step 1: Job Offer and Labor Certification (if required)
Your employer sponsors you for a permanent position and completes the PERM process. - Step 2: Immigrant Petition (Form I-140)
Your employer files Form I-140 with U.S. Citizenship and Immigration Services (USCIS). This step confirms you qualify for the preference category and that the employer can pay your offered wage. - Step 3: Wait for a Visa Number
Based on your preference category and country of origin, you may need to wait for a green card slot to become available. This slot is tracked through the State Department’s Visa Bulletin. - Step 4: Apply for a Green Card
If you’re already in the U.S., you may file Form I-485 (Adjustment of Status). If you’re abroad, you’ll go through Consular Processing at a U.S. embassy or consulate. - Step 5: Biometrics, Interview, and Approval
Most applicants attend a biometrics appointment and possibly an interview. If everything checks out, you’ll receive your green card.
Can You Change Jobs During the Process?
Yes, but it depends on where you are in the process. If your green card is based on an employer-sponsored petition, changing jobs too soon could invalidate your application. However, if you’re far enough along—particularly after Form I-485 has been pending for more than 180 days—you may be able to switch employers if the new job is in a similar role, which is called portability.
That said, this is a risky area of immigration law, and you should consult an attorney before making a move that could jeopardize your chance of permanent residency through employment.
Common Issues That Can Delay or Deny an Application
Even qualified applicants run into problems that can delay or derail the process, such as:
- Missing or inconsistent documentation
- Issues with employer finances or inability to pay the wage
- Prior immigration violations or unlawful presence
- Delays in labor certification
- Errors in filing forms
Our firm has worked with countless individuals to resolve these kinds of problems. The earlier you get legal guidance, the better your chance of avoiding costly mistakes.
Is Permanent Residency Through Employment Right for You?
If you’re a professional, skilled worker, or someone with a valuable employment offer in the U.S., permanent residency through employment could be the path that gets you and your family closer to the American dream. But each case is unique, and choosing the right category and process is critical to your success.
An experienced immigration attorney can help you assess your options, work with your employer, and submit a complete, timely application. If your case involves complications—like a criminal record, gaps in status, or delays—we can work with you to find solutions and move forward.
Work With Weldon Law Group, PLLC to Build Your Future in the U.S.
At Weldon Law Group, PLLC, we’ve spent over two decades helping good people build their lives in the greatest country in the world. Whether you’re a worker with a job offer or a business looking to sponsor an employee, we’ll guide you through every step of the employment-based green card process. Our lead attorney has received numerous awards in recognition of our commitment to quality, client-centered immigration services.
Permanent residency through employment is a major milestone, and we’re here to help you get there. Reach out to book a free consultation and take the first step toward securing your future in the United States.