The Leading Immigration Attorneys Clients Trust for U.S. Work Visas

Employment-based green cards bring in thousands of skilled, specially trained professionals to the U.S. job market. Eligibility falls on the employer’s desire to petition, whether you have experience, and most recently, your vaccination status.

With only 140,000 visas available annually, you want to ensure that the process goes smoothly. At Grey Law Immigration, our compassionate legal team is here to support you on your path to permanent residency. Selecting the right lawyer can make a difference between getting accepted or being forced to leave, especially if you’re a first-time applicant.

For more insight into the process, our work visas attorneys answer the most frequently asked questions below.

What Are Employment-Based Green Cards?

An employment-based green card allows qualifying immigrants to live and work in the U.S. There are five categories to choose from, as listed below:

EB-1: First Preference Visa – Priority workers with extraordinary ability in professions like science, education, the arts, or business are welcome to apply. It is one of the broader categories that also accounts for researchers and members of academia.

EB-2: Second Preference Visa – Available for applicants with a national interest waiver, exceptional ability, or advanced degree.

EB-3: Third Preference Visa – This category has three classifications: skilled, unskilled, and professional workers. Experienced workers should have a minimum of two years of experience. Whereas professionals need a baccalaureate degree required for entry. Inexperienced workers can apply for opportunities without meeting strict qualifications.

EB-4: Fourth Preference Visa – For special religious workers. It is also applicable to broadcasters, physicians, Armed Forces members, and Iraqi and Afghan translators.

EB-5: Fifth Preference Visa – Best for investors interested in creating or preserving jobs for U.S. workers and expanding businesses.

Pay close attention to the eligibility requirements. Specific preference categories require that you have a sponsorship or job offer to apply.

What Are the Best Jobs to Get a Green Card?

There are several ways to get your green card in the United States. Specialty occupation positions are among the most popular. Suppose you have expertise in a field like engineering, managerial consulting, nursing, or accounting. In that case, you can either apply for one of the preference categories or an H-1B work visa for nonimmigrant workers. Having these preferred skills could be used to your advantage.

Can Immigrants Work While Their Petition Is Pending?

Not always. The I-130 immigrant visa petition alone does not authorize applicants to start working. If you haven’t already, an immigration lawyer would advise you to submit Form I-765 (Application for Employment Authorization). This is typically done while your permanent residence status is pending.

If you applied for an O-1 (Visa for Individuals with Extraordinary Ability or Achievement) or H-1B (Visa for Specialty Applications), you might have an easier chance of gaining approval.

Will My Spouse Be Able to Apply for Employment After Arriving in The U.S.? 

There’s a possibility that your spouse can work while you wait to hear back about the marriage-based green card. As long as the employer can verify a valid nonimmigrant work visa or EAD (Employment Authorization Document), they should be fine.

In the United States, it is considered a crime to work without the necessary permits. Getting caught can result in jail time, deportation, and a ban from re-entry for up to 10 years.

Do I Need to Get Sponsored by My Employer?

The United States Citizenship and Immigration Services (USCIS) requires sponsorship for most jobs unless it falls under the EB-1 or EB2 category. In that case, you have the option to self-petition. Each immigration case differs per client. If you have particular questions about sponsorship, reach out to our law offices of immigration.

How Long Will It Take to Receive a Work Visa?

Processing can take up to 15 months for the USCIS to approve or deny the petition for employment. It is dependent on current and forthcoming immigration laws. It is not unheard of for applicants to not hear back from immigration agencies for up to two years or longer.

About Grey Immigration

At Grey Immigration, the values of integrity, honesty, commitment, and results are at the foundation of our firm.

David Grey provides experienced representation to safeguard your rights through the immigration process. Whether it is advice, assistance with visa applications, or resolving an issue stalling your citizenship, we are here to help.

COVID-19 has drastically impacted citizenship in the U.S. In the past year, we have adjusted and acted accordingly based on new restrictions and regulations. Our firm optimizes individual skills to produce superior results for all clients. For a free case review, give us a call at 323-622-1764 or email info@greylaw.com.