Employment-Based Green Card

Basic Summary

The Employment-Based Green Card is the process whereby an applicant seeks to obtain Permanent Residency in the United States. For most occupations, a Labor Condition Certification must be obtained prior to filing an Employment-Based Green Card petition. Once the Labor Certification is obtained, the applicant files a Form I-140, Petition for Alien Worker. Under this program, the Petitioner attests that a willing employer/employee relationship exists, that a prevailing wage is going to be paid, and that Notice has been provided to all relevant employees.

Countries

There are no country quotas associated with Employment-Based Green Card petitions.

Quotas

There are no quotas associated with the filing of Employment-Based Green Card petitions. However, the Visa Bulletin dictates the processing times of Employment-Based Green Cards.

Spousal and Dependent Work Authorization

Spouses do not gain work authorization through the Employment-Based process, unless the applicant files an application for Adjustment of Status. Upon the filing of the Adjustment of Status, spouses and dependent children can ordinarily obtain Employment Authorization Documents in approximately 60-90 days.

Duration

Once the Permanent Residency Card is issued, it is ordinarily valid for ten years.