Getting a Green Card Through a Job or an Offer of Employment

June 05, 2011

Most people know that thousands of people come to America on work visas each year, but less well-known is the process by which a foreign national can become a legal permanent resident through their job. In fact, getting a green card through a job or offer of employment is a very popular way of obtaining permanent residence in the United States. Just like there are different kinds of visas that allow foreigners to immigrate to our country for a period of time, there are several different ways to obtain a green card by committing to work in the U.S.

Green Card Through a Job Offer

Typically, this type of green card application must be filled out and sponsored by the employer seeking to bring a foreign national to the U.S. in order to perform a job that there are no Americans qualified to do. The employer must fill out Form I-140, the Petition for Alien Workers, and then once a visa has been granted that brings the worker to our country, a Form I-485 can be filled out to secure residency.

Green Card Through Investment

This type of green card is slightly different in that it does not require that the petitioner have an active job offer. Instead, in order to apply for a green card through investment, the foreign applicant needs to actually create jobs for Americans.

The United States Citizenship and Immigration Services (USCIS) offers a maximum of 10,000 visas each year to applicants filling out a Form I-526 Immigrant Petition by Alien Entrepreneur who are willing to invest a minimum amount of money ($1 million or $500,000 depending on the geographic location of the investment) that will in turn be used to create at least 10 full-time jobs in America. After a visa application has been granted, then -- like those residency applicants who came to America for a job offer -- the immigrant can fill out a Form I-485 Application to Register Permanent Residence or Adjust Status to seek a green card.

Self-Petition for a Green Card

Sometimes a specific job offer is not required for a worker with unique circumstances -- either a particularly specialized skill set or a personal situation that would result in an E21 National Interest Waiver -- to apply for entrance into the U.S. These people are allowed to apply for a green card on their own, without requiring the sponsorship of an employer. Examples of the types of special skills that would allow someone to self-petition for a green card or work visa include:

- World-class athletes
- Nobel prize winning scientists or scholars
- Award-winning actors/actresses
- Recognized leaders in business, science or education

Special Categories of Jobs That Could Result in a Green Card

An applicant may be more likely to get a green card if he or she is a member of a particular type of job industry. The USCIS recognizes the importance of particular types of employees, and allows their employers to petition for permanent residence status by filing a Form I-360 Petition for Amerasian, Widow(er) or Special Immigrant. These categories change from time to time, but currently they are:

- Member of the armed forces
- Iraqi/Afghani citizen who assisted the U.S. Government
- Panama Canal employee
- Religious worker
- Afghan/Iraqi translator
- Broadcaster
- Employee of an International Organization (like the Red Cross, Doctors Without Borders or civilian members of the United Nations)
- NATO-6
- Physician qualifying for a National Interest Waiver

If you or a loved one is interested in getting a green card through a job or an offer of employment, seek the advice of an experienced American immigration law attorney. Doing so can greatly increase your chances of success and can make a huge difference in the outcome of your application.

Article provided by Schunk Law Firm P.C.
Visit us at www.schunklaw.com