If you are a U.S. employer you have the opportunity to sponsor a foreign national for permanent residence through the Green Card process.
An employer can obtain a Green Card for employees or candidates in the following employment-based categories.
EB-1: Individuals with extraordinary abilites
EB-2: Individuals with advance degrees
EB-3: Professional/Skilled workers
EB-4: “Special Immigrants”
EB-5: Investors
The process for filing a Green Card petition will depend on the category the employee fits in.
For the EB-2 and EB-3 categories you will first need to file a labor certification with the Department of Labor. Once that is certified you will then need to file Form I-140 with USCIS.
One caveat is that if individuals in the EB-2 category qualify for a national interest waiver, they don’t need a labor certification.
For individuals in the EB-1 category you can bypass the labor certification process and will file Form I-140 with USCIS.
Individuals in the EB-4 category will have to file Form I-360.
If you have additional questions regarding the Green Card or employment-based categories, please feel free to contact us.
