The requirements for an employment based green card
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The requirements for an employment based green card

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To obtain a green card through employment, there are specific requirements and processes to follow. Here is an overview of the employer sponsored green card:

Requirements for Obtaining a Green Card Through Employment:

1. Employment-Based Categories:

  • EB-1: For individuals with extraordinary ability, outstanding professors/researchers, or certain multinational managers/executives.
  • EB-2: For professionals holding advanced degrees or with exceptional ability.
  • EB-3: For skilled workers, professionals, or other unskilled workers.
  • EB-4: For certain special immigrants.
  • EB-5: For immigrant investors.

2. Documentation:

  • Labor certification approved by the U.S. Department of Labor for EB-2 and EB-3 applicants.
  • Job offers in the U.S. and employer petitions for EB-2 applicants.
  • Evidence of extraordinary ability or specialized skills for EB-1 and EB-2 applicants.

Process for Obtaining a Green Card Through Employment:

1. Labor Certification (PERM):

   Employers must obtain a labor certification from the U.S. Department of Labor, proving the unavailability of qualified U.S. workers for the position.

2. Immigrant Petition (Form I-140):

  Once the labor certification is approved, the employer files Form I-140 with USCIS on behalf of the employee.

3. Adjustment of Status or Immigrant Visa:

  After approval of Form I-140, the foreign national can apply for adjustment of status (Form I-485) in the U.S. or obtain an immigrant visa at a U.S. consulate abroad

4. Priority Date:

  The priority date is crucial and determines when one can proceed with adjusting status or obtaining an immigrant visa based on visa availability and country-specific backlogs.

5. Additional Requirements:

  Continuous maintenance of lawful status in the U.S., submission of required forms and documentation, and meeting specific eligibility criteria for each employment-based category.

Obtaining a green card through employment involves a detailed process that requires adherence to specific requirements, documentation, and timelines set by USCIS and the Department of Labor.

employment based green card

The minimum wage requirement for employment-based green card

The minimum income requirement for obtaining a green card through employment sponsorship can vary based on factors such as the number of dependents and the sponsor’s location. Here are the income thresholds from the search results provided:

1. Green Card Minimum Income Requirements:

  • Allan S. Lolly PC: The income requirements vary based on the number of people in the household. For example, in the 48 contiguous states, the minimum annual income ranges from $22,887 for 2 people to $58,112 for 8 people.
  • Boundless: The most common minimum annual income required to sponsor a spouse or family member for a green card is $25,550. This assumes that the sponsor is not on active military duty and is sponsoring only one relative.

2. Financial Joint Sponsorship:

  • A financial joint sponsor can be used if the petitioning U.S. citizen is unable to meet the income guidelines on their own.

3. Assets in Lieu of Earnings:

  • It is possible to show enough liquid assets and home equity assets as a substitute for income earnings, with the number of assets required being more than three times earnings.

4. Total Income Calculation:

  • The total annual income considered includes wages, salaries, retirement benefits, alimony, child support, dividends or interest earned, and income from other legal sources as reported on the most recent U.S. federal income tax return.

5. US-Based Earnings:

  • The income must be U.S.-based earnings to meet USCIS requirements for green card sponsorship.

The specific income requirement can depend on various factors such as family size, location, and whether a joint sponsor is involved. It is essential to meet these financial obligations to support the immigrant’s green card application successfully.

Difference between the minimum wage requirement and prevailing wage determination

The difference between the minimum wage requirement for obtaining a green card through employment and the prevailing wage determination lies in their distinct purposes and applications in the immigration process:

Minimum Wage Requirement for Green Card Sponsorship:

  • Purpose: The minimum wage requirement sets the threshold that an employer must pay a foreign worker at the time they receive their green card.
  • Application: It ensures that the sponsored employee is compensated fairly and meets the financial criteria for green card sponsorship.
  • Compliance: The employer must pay either the prevailing wage or the offered salary, whichever is higher, to the sponsored employee when they obtain their green card.

Prevailing Wage Determination:

  • Purpose: The prevailing wage determination, issued by the Department of Labor’s National Prevailing Wage Center (NPWC), establishes the minimum wage that an employer must pay a foreign worker based on factors like job duties, location, and education/experience requirements.
  • Application: It is used to prevent the undercutting of U.S. workers by ensuring that foreign workers are paid fairly and at a level comparable to what U.S. workers would receive for similar positions.
  • Process: Employers must obtain a prevailing wage determination as part of the PERM labor certification process, and this wage must be used during recruitment and when paying the sponsored employee upon receiving their green card.

In summary, while the minimum wage requirement directly impacts the salary paid to a sponsored employee upon receiving their green card, the prevailing wage determination sets a benchmark to ensure fair compensation for foreign workers during the employment-based immigration process. Both play crucial roles in maintaining fairness and compliance within the immigration system.

Continue reading: The Requirements For Sponsoring A Spouse For A Green Card

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