Your Guide to Employer-Sponsored Green Card 2024: What You Need to Know

Overview of the Employer-Sponsored Green Card

An employer-sponsored green card, also known as an employment-based (EB) green card, allows a foreign national employee to live and work permanently in the U.S. based on an offer of permanent employment from a U.S. employer.

• EB-1 – For foreign nationals of extraordinary ability, outstanding researchers, multinational executives/managers
• EB-2 – For foreign nationals with advanced degrees or exceptional ability
• EB-3 – For foreign nationals working in a skilled position, requiring at least 2 years of training or experience
• EB-4 – For foreign nationals who are special immigrants (religious workers, certain employees of U.S. foreign service posts)
• EB-5 – For foreign investors who invest at least $900,000 (or $1.8 million in targeted employment areas) in a new commercial enterprise that creates at least 10 full-time jobs.

The EB green card process involves the employer filing an Immigrant Petition for Alien Worker (Form I-140) on behalf of the foreign national employee. This petition must be approved by USCIS before the employee can file an application to adjust status from a temporary visa (such as H-1B) to permanent resident.

Who Is Eligible for an Employer-Sponsored Green Card?

The eligibility criteria for an EB green card depends on which category the foreign national employee is applying under:

EB-1 Eligibility

To qualify for EB-1:

• Extraordinary ability – Meet 3 of 10 criteria showing national/international acclaim for exceptional achievements, such as major internationally recognized awards, membership in associations requiring outstanding achievements, published material in professional publications about the foreign national’s work, evidence of original contributions of major significance, authorship of scholarly articles, display of work at artistic exhibitions/showcases, performance in a leading role for organizations with distinguished reputations, high salary/remuneration, commercial successes in the performing arts, and/or other comparable evidence of extraordinary ability.
• Outstanding researchers/professors – Have at least 3 years experience in teaching or research in the academic field, and an offer of a tenured or tenure-track position (or comparable research position) at a university or other institution of higher education to teach or conduct research.
• Multinational executives/managers – Have been employed outside the U.S. in the 3 years preceding the petition for at least 1 year by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer in an executive/managerial role.

EB-2 Eligibility

To qualify for EB-2:

• Advanced degree – Have a U.S. master’s degree or higher, or a foreign equivalent degree, and an offer for a job that requires an advanced degree.
• Exceptional ability – Meet at least 3 of 6 criteria showing exceptional ability in sciences, arts, business, athletics, or education. Criteria include licenses, awards, published material, high salary, membership in associations, and/or comparable evidence.

EB-3 Eligibility

To qualify for EB-3:

• Be working in a skilled position that requires at least 2 years of training or experience, and have an offer for a permanent, full-time job from a U.S. employer that requires this skill set. This is the most common green card category.
• Be working in an unskilled other worker position that requires less than 2 years of higher education, training or experience.

Steps to Apply for an Employer-Sponsored Green Card

These are the main steps involved in getting a green card through employer sponsorship:

1. The employer files Form I-140 – The U.S. employer files an Immigrant Petition for Alien Worker (Form I-140) on behalf of the foreign national employee. This must establish that the employee meets the eligibility criteria for the EB category being applied under.
2. Get PERM labor certification – The employer must obtain a PERM labor certification from the Department of Labor for most EB-2 and all EB-3 cases, showing that there are no qualified U.S. workers available for the job, and that hiring the foreign national will not adversely affect U.S. workers.
3. I-140 petition approved – Once the I-140 is approved by USCIS, the priority date becomes current, meaning a visa number is available based on the visa bulletin, and the employee can file Form I-485 to adjust status from a temporary work visa to permanent resident.
4. File adjustment of status – Employee files Form I-485 Application to Register Permanent Residence to adjust status from a temporary work visa like H-1B to permanent resident, along with supporting documents.
5. Work authorization – Employee can get an Employment Authorization Document (EAD) and advance parole document for travel by filing Form I-765 and I-131.
6. Interview and decision – The employee attends an interview at a local USCIS field office, after which a decision is made on the green card application.

The entire process can take from 1-5+ years depending on the green card category, country of birth, processing times, and visa backlogs. Hiring an experienced immigration attorney can help navigate delays and give the case highest priority.

Costs of Employer-Sponsored Green Card

The costs involved in getting a green card through employer sponsorship are:

• Attorney fees – $2000 to $8000 on average, depending on the complexity of the case.
• Filing fees for I-140, I-485, I-765, I-131 – Around $1700 total per applicant.
• Labor certification costs – Department of Labor (DOL) filing fee of $700, plus legal and advertising fees.
• Medical exam – Around $200-$300.
• Translations – $100+ per document if needed.
• Miscellaneous – Document copying, mailing, travel costs for biometrics, interview, etc.

The employer usually pays the attorney and filing fees related to the I-140 and labor certification process. The employee pays the I-485 adjustment of status fees and other miscellaneous costs. But employers sometimes cover these costs as well, especially for high-value employees.

Timeline for Getting Employer-Sponsored Green Card

The timeline for getting a green card through employer sponsorship varies greatly.Here is a general timeline:

• PERM labor certification – 6-12+ months
• I-140 petition – 6-12 months processing time
• I-485 adjustment of status – 6-36 months from filing date, depending on backlogs
• EAD/advance parole – 3-6 months processing

So the total timeline can range from 1-5+ years. The EB category, country of birth, and processing backlogs greatly impact timelines. InThose born in India and China face the longest backlogs of 7+ years in high-demand categories like EB-2 and EB-3. Backlogs are based on visa availability according to the applicant’s priority date and visa bulletin chart. The February 2024 visa bulletin shows the following backlogs :

Applicants in the EB-1 category do not face quotas and have much shorter times of 1-2 years.

Tips for Successfully Getting an Employer-Sponsored Green Card

Here are some top tips for increasing your chances of success with an employer-sponsored green card:

• Pick the fastest category – EB-1 and EB-2 are faster than EB-3. The exceptional ability option for EB-2 may be faster than the advanced degree option.
• Premium processing – File Form I-907 for premium 15 day processing of the I-140 ($2500 fee).
• Use early filing – File I-485 if your priority date is within 1 year of the date listed in visa bulletin chart.
• Respond quickly to requests – Delays responding to RFEs and other requests causes delays.
• Maintain legal status – Don’t let temporary work visas like H-1B expire while I-485 is pending.
• Renew expiring EAD – Renew an expiring EAD 6 months in advance of expiration date.
• Keep employer informed – Communicate case status to employer so they can assist with delays.
• Seek legal advice – Discuss options with an attorney to navigate common pitfalls.

Following these tips and best practices at every step can help avoid unnecessary delays and gives applicants the highest chance of success even with long visa backlogs.

Conclusion

Getting a green card through employer sponsorship involves showing no minimally qualified U.S. workers are available for the offered permanent full-time position, and that hiring the foreign national will not adversely affect wages or working conditions of U.S. workers in similar positions.