How to get a green card through work: requirements and process for getting a green card through an employer

How to get a green card through work: requirements and process for getting a green card through an employer

Many people dream of being able to live and work permanently in the United States of America. A green card (or permanent resident card) opens up this opportunity, granting the right to permanent residence and work in the United States. One of the most popular ways to get a green card is through an employer.

And now we will talk about what specific steps you need to take to make your dream of living in the USA a reality. You will learn about the key requirements for candidates, the role of your potential employer in this process, and the intricacies of applying. We will also touch upon questions that people often have on the way to obtaining a green card, and give recommendations on how to avoid major mistakes and speed up the process. Let’s dive into the details and figure out how to make your path to a green card as smooth and clear as possible!

Requirements for a candidate to obtain a green card

So let’s talk about how tasty you are for America. Don’t be afraid, this is not a reality show casting, but there are certain criteria that must be met in order for the path to a green card to be open. These requirements are not designed to make life difficult for those who wish, but to make sure that those who come to the US can really contribute to society and adapt to the new environment. So let’s see what they want from you?

Education and work experience

Let’s talk about the first and, probably, one of the main points – education and work experience. Yes, yes, if you are counting on getting a green card through work, then your qualifications are really important!

For example, if you are a specialist in the IT field with a bachelor’s or master’s degree and you already have several years of work experience behind you, this is a big plus. Employers in the United States greatly appreciate specialists with experience, as this indicates that you have already “made your way” in your profession and can be a valuable asset to the company.

However, do not be discouraged by those who have just graduated from university or even college. The main thing is the presence of a diploma and the desire to work and develop. Yes, you may start from lower positions, but this is also experience that can then be “sold” to other employers.

Health and medical examination

Now let’s move on to the topic of health. You understand that before moving to another country, you will need to undergo a medical examination. And this is not just a formality.

If you have any serious infectious diseases, then, unfortunately, this can become an obstacle on the way to a green card. But don’t be afraid: an accredited doctor conducts an examination, and he checks first of all for the absence of diseases that pose a danger to society.

Example: Imagine that you recently had a cold. This, of course, is not a reason to refuse! But if you have, say, an active form of tuberculosis, then there will already be questions. The main thing is to be honest and not try to hide something. This will only make the situation worse.

No criminal history

And finally, the last point is your criminal past. Or rather, its absence.

It is important for the US to know that you do not pose a threat to public safety. Therefore, if you have had serious offenses in the past, or, moreover, crimes, this can become a stumbling block.

Let’s say you had a ticket for improper parking or a minor traffic violation – this is one thing. But if you had an arrest or a conviction for a major crime, then that’s another story. The main thing to remember is that all your “sins” can come out, so it’s best to be frank and honest from the very beginning.

Application process for a working green card

Well, friends, let’s move on to the very “juice” of our conversation – how to apply in practice for a working green card. After all, knowing the requirements is half the battle, and the second thing is to correctly go through this entire bureaucratic maze. Thought it would be easy? Not really. But don’t be scared either! If you approach the process with your head and do everything according to the points, then your “American dream” can become a reality. Let’s go figure out how to do it!

Preparation of documents from the employer

Okay, first of all, let’s deal with the docks from your future (or already present) employer. After all, without him here, to be honest, nowhere. So, if you have found an employer in the USA who is ready to accept you, that’s great! But now the employer has to prepare a whole package of documents to prove that you really need a job.

For example, the employer can provide evidence that you are really suitable for this position, show the company’s financial statements that they have the ability to pay you, and so on.

Labor Certification

The next step is employment certification. In short, this is confirmation from the US Department of Labor that it is impossible to find an American citizen or permanent resident with the necessary skills for your position.

To do this, your employer might, for example, show job ads that were posted in the local media to demonstrate that the company actually tried to find a local candidate but failed.

Filing Form I-140 (Immigrant Petition for Alien Worker)

So, friends, we figured out the certification. Now it’s time for Form I-140. This form is essentially a petition from your employer to get you a green card. It is important to do everything correctly, without errors and typos.

Along with this form, the employer also sends evidence that the company can pay your salary. This could be, for example, a company tax return or a financial statement. So don’t be surprised if an employer asks you for some documents or information – it’s all part of the process.

Waiting and status confirmation

So, the documents are filed, the petitions are sent, and what’s next? Yes, this is the time when we will have to endure a little. But who said that the path to a green card is easy? However, waiting is not just a time when we sit with our hands folded. This period is very important and requires your attention! So keep your eyes open, prepare the documents and most importantly – do not lose optimism. Let’s talk about what awaits you at this stage and what points should be taken into account.

Application waiting times

So guys, if you thought that after submitting all the documents you would just have to sit for a couple of days and wait for an answer, then I must disappoint you. In reality, it may take much longer. Depending on the category and country of origin, waiting times can range from several months to, alas, several years. For example, Vasya from Russia, an IT specialist, can wait about a year, while Lilia from the Philippines, a chef, can wait about three years. So the army of patience will help you!

The process of adaptation and residence in the United States after receiving a green card

And now, imagine, this long-awaited moment has come: you have a green card in your hands! But what’s next? Getting a green card is just the beginning of your adventure. The first time in a new country can be a little shocking: new people, new rules, new language (if you haven’t spoken English before).

For example, Olya, who moved from Ukraine, faced difficulties in the first months finding housing, choosing insurance, and even buying groceries at a local store. But over time, she found friends, joined the local community of Ukrainians and began to feel at home.

I advise all beginners to find communities of compatriots, attend free English courses or master classes on adaptation. Remember that every day in a new country is an opportunity to learn and grow. And soon the USA will become your real home!

The role of the employer in the process

And now we turn to one of the main characters of our “series” about the green card – the employer. Think it’s just someone who gives you a job? Well, well, he is much more important! Imagine: an employer is a producer who makes you a star in the American labor market. Without his support, the script may simply not converge. But not all producers are the same, and not everyone knows how to make a hit. Therefore, let’s talk about what requirements are placed on your “producer” and what depends on him in this “product” called “The Path to the Green Card.”

Employer Requirements

Let’s start with the fact that your “producer” (read – employer) must meet certain requirements. It’s not just a “granny from the corner store” who is ready to give you a job. No no.

  1. Financial stability: The employer must prove that the company has sufficient funds to pay your salary. And not just in words. This could be a financial statement, tax return, or bank statements.
    Example: Let’s say John owns a green bag startup. He wants to hire Hans, a designer from Europe. But before that, he needs to show that the startup has a stable income and can pay for Igor’s work.
  2. Active position in the labor market: The employer must prove that the position for which he is hiring you really exists and that it is impossible to hire an American with similar qualifications for this position.
    Example: Jennifer is looking for a programmer for her IT company. She places an ad, goes through interviews, but never finds a suitable candidate among the locals. In this case, it may consider candidates from abroad.

The sponsoring process and its obligations

When an employer decides to be your sponsor, it’s not just “let’s be family friends”. This is a serious step with certain obligations.

  1. Petitioning: First, the employer sends a petition to the immigration office. This is essentially a request for permission to hire you.
  2. Payment of costs: By the way, the whole sponsorship process is not cheap. And most of these costs are paid by the employer. So if your boss says that he is ready to go to the end – know that he really believes in you!
  3. Long-term obligations: Among other things, the employer makes a commitment to support you in the workplace for a certain period of time after you receive a green card.
    Example: Sandra, a restaurant owner, decides to sponsor her chef Miguel from Mexico. This means that even after Miguel receives a green card, she is obliged to provide him with work for a certain period.

In general, when an employer decides to become your sponsor, it’s not just a friendship – it’s a real alliance! Don’t forget to thank and appreciate your “producer” for his help and faith in you.

FAQ

What to do if you change jobs or lose your job?

  1. If you already have a green card: Everything is fine! The green card is not tied to your employer. But make sure your new employer meets the requirements for your immigration status.
    Example: Maria, having a green card, decides to change her job from marketing to journalism. She can do this without problems, but her new employer must be prepared to confirm that Maria is eligible for the job.
  2. If the green card is still in process: It’s more complicated. If you change jobs, you may have to start the process from the beginning. But contact an immigration lawyer – he will help you sort out the details.

How long can I stay outside the US after receiving a green card?

Many people think that with a green card you can walk around the world like at home. But things are a little different.

  • Usually, if you spend more than 6 months in a row outside the US, this may raise questions when you return. You will probably be asked if you intend to permanently live in the US or not.
    Example: Alex, having a green card, decided to go on an 8-month trip around the world. Upon returning to the US, he was asked if he planned to stay in the US permanently.
  • If you are absent for more than a year, your green card may be cancelled.

Can I apply for a green card at the same time as other methods?

Short answer: yes, of course!

  • You can participate in the green card lottery and look for a sponsoring employer at the same time. But keep in mind that each process has its own requirements and time frames.
    Example: Lena applied for a green card through her employer. At the same time, she decided to try her luck and enter the green card lottery. Why not?


So the main thing is not to lose heart and use all possible ways to bring the dream of living in the USA closer!

We are going to get a green card through an employer …

Well, dear reader, we are nearing the end of our journey through the world of getting a green card through work. Yes, the world of US immigration seems huge and confusing, but as you can see, it’s all about the details and consistency. As they say in America, “step by step”, that is, step by step.

Tip for a snack: remember that documents and procedures are only part of your journey. Another, no less important part is your belief in yourself, tolerance for the unknown and readiness to adapt. The United States is a land of opportunity, but also a land of challenges. Be prepared for them, but do not forget to rejoice at each stage reached.

Good luck in your pursuit of the American Dream!