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Employment-Based (EB) Green Card Overview

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Immigration through Employment 

One of the ways a foreign national (alien) can become a permanent resident is through a permanent employment opportunity in the United States. There are five employment-based preference categories.

  • First preference is for priority workers including persons of extraordinary ability, outstanding professors and researchers, and multinational organization executives and managers.
  • The Second preference is for physicians, members of the professions holding advanced degrees, and persons of exceptional ability.
  • The Third preference is for professionals, skilled and other workers, including nurses and physical therapists.
  • The Fourth preference provides for special immigrants including religious workers.
  • The Fifth preference is an investor-related category, which grants permanent residency to persons who invest significant funds in the US and create 10 jobs for US workers. 

Click on the links to the left to learn more about each preference category.

Green Card and Lay Off

Hello Rajiv ji,

My friend got green card 3 months after being laid off. He has already gone to his home country before receiving The card. Can he travel back to US with that green card and find new employment? How soon does he need to come back? Will there be any problem at port of entry? He has worked with his sponsoring employer for 10 years before leaving US.

Green Card and Lay Off

Tell your friend to log in to the free community conference call tomorrow.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

NVC - India - Employment Requirements

2003 - Employer in NJ filed for employment based petition (EB3/ I have Masters degree from US)
2009 - I needed to move to India, so transferred my case to NVC, India
2009 - Also - since I was going to be in India for a longer time - I left my job after working 7 yrs with same employer.
2009 - Got an approval letter in India for transfer of NVC case against approved immigration petition
August 2013 - EB3, India Priority date is now current.
Since I am not employed with the petitioner, who will submit the I-864? or Can I get a waiver? My original petitioner may not have a job currently.

NVC - India - Employment Requirements

I am assuming you have not been interviewed at the consulate for your final green card interview. If so, I do not see how you can get a green card without a job offer from the old employer. You can certainly carry the priority date forward to another employer.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Thanks Rajiv. GC interview

Thanks Rajiv. GC interview still not done. The priority date just became current, so hopefully things will start moving at NVC front. Now, does it matter if the job offer letter is from previous employer or any other employer? Also - job letter would mean I need to start working right away. I have been in India for 4 yrs now and may not be able to move back/ take a new job rightaway. As long as I can prove that I am financially ok in supporting myself in the US, would the job letter (from current/ or new employer) still be a valid requirement? Can such things be discussed in the interview?

Thanks Rajiv. GC interview

Get a lawyer. You will need to discuss these matters in detail. Nevertheless, I do not see how you can get around the requirement of a job offer from the petitioning employer, not from some other employer.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

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