There are several types of employment-based green cards. Typically, but not always, the employer initiates the process.
Most employment-based green cards are classified as either EB-2 or EB-3. EB-2 green cards typically require a graduate degree or, alternatively, a bachelor’s degree with at least five years of relevant experience after the degree is received.
Those who don’t qualify for the EB-2 typically qualify for the EB-3. EB-3 green cards are for those with bachelor’s degrees but not enough experience to qualify for the EB-3, as well as for workers who don’t have bachelor’s degrees. These workers might be software developers or they might be landscape laborers.
The employment green card process varies, but it usually involves a multi-year process with multiple steps. The steps below are required in most, but not all, circumstances.
The first step is to request a prevailing wage determination from the Department of Labor. Once that’s obtained—and it may take eight months or longer—then the employer will need to advertise the position. Because congress refuses to update immigration laws, the position will need to be advertised in old-fashioned newspapers, as well as in other places. Assuming no qualified workers authorized to work in the U.S. come forward, then the employer can file additional paperwork with the Department of Labor, and another long wait occurs.
Once the Department of Labor approves the case, the employer will then file the I-140 with USCIS. The employee may need to wait several months or even years to be able to file the last step—either the DS-260 or I-485—or they may be able to file it at the same time as the I-140.
This process is complex, and it’s best to make sure all the documentation required for later steps is acquired before initiating the first step. Expect the entire process to take 3 years or so. We’ve successfully represented clients for various types of green cards—for landscape workers and for software developers, for university professors and for auto mechanics—and we’re happy to assist you with the process
