If you do not have permission to work in the US already, you have a variety of options. If you are in the US temporarily as a refugee, a student, or a non-permanent employee, you can submit an Application for Employment Authorization (form I-765). [3] X Trustworthy Source US Citizenship and Immigration Services U. S. government agency in charge of the naturalization and immigration systems Go to source There are also a variety of nonimmigrant visas available for people who want to work in the US temporarily. These visas can serve as stepping stones for starting the Green Card application process. [4] X Trustworthy Source US Citizenship and Immigration Services U. S. government agency in charge of the naturalization and immigration systems Go to source
EB-1, or “first preference”: Workers with exceptional skills in the arts, sciences, education, business, or athletics, including researchers, professors, and multinational managers or business executives. EB-2, or “second preference”: Workers in professions that require an advanced degree, people who are highly skilled in the sciences, arts, or business (e. g. , with more than 10 years of experience and evidence of exceptional abilities or contributions in their field), and workers applying for a national interest waiver. EB-3, or “third preference”: Skilled workers (people with 2+ years of training or work experience), professionals (people with a bachelor’s degree or equivalent in their profession), and unskilled workers (for labor requiring less than 2 years of experience or training, e. g. , manual labor in factory settings, or certain types of agricultural work). EB-4, or “fourth preference”: Immigrants with special status (e. g. , religious workers, certain physicians, broadcasters, and other special categories). [6] X Trustworthy Source US Citizenship and Immigration Services U. S. government agency in charge of the naturalization and immigration systems Go to source
Have a health condition that is potentially a threat to others, such as a communicable disease, or a mental disorder that may cause you to behave in ways that threaten yourself or others. Have a criminal record in the United States or another country. Have ties to organizations that are considered hostile to US interests, such as known terrorist organizations or totalitarian political parties. Entered the US illegally or have been working in the US without permission. [9] X Trustworthy Source US Citizenship and Immigration Services U. S. government agency in charge of the naturalization and immigration systems Go to source
Employers in the US are not legally allowed to ask you if you are a US citizen, and they cannot ask about your national origin. They can only ask if you are currently authorized to work in the US, and if you may need sponsorship in the future. [10] X Trustworthy Source US Equal Employment Opportunity Commission U. S. government agency that enforces civil rights in the workplace Go to source You are not legally required to prove your eligibility to work in the US unless you are offered a job. [11] X Trustworthy Source US Equal Employment Opportunity Commission U. S. government agency that enforces civil rights in the workplace Go to source
For example, if you have just received a job offer, you might say something like, “I am very interested in this opportunity and would like to accept your offer. Before we go forward, can we discuss the steps we need to take together to help me get authorization to work permanently in the US?”
Some employers may have an immigration lawyer on staff to make the process easier. Some employers might start the process of sponsoring you for a Green Card immediately at the time that you are hired, while others may expect you to spend some time with the company on a work visa first.
Your employer can call the US Citizenship and Immigration Services office at 1-800-357-2099 to get more information about permanent employment eligibility categories for immigrants.
Your employer may hold you responsible for the I-140 (Immigrant Petition for Alien Worker) and I-485 (Green Card application) filing fees. If you are applying for just yourself, these fees may total around $1,925. Additional fees may apply if you are seeking Green Cards for dependents or relatives. Some employers may charge employees for attorneys’ fees associated with the Green Card filing process.
Your employer is responsible for submitting the application and paying all application fees for your Permanent Labor Certification. The process of filing for Permanent Labor Certification is complex, and it may take several months to complete. [15] X Research source Your employer can check the status of the application here: https://icert. doleta. gov/
Work with your employer to ensure they have all the information they need to fill out the I-140 correctly (including your full name, country of citizenship and country of nationality, mailing address, Alien Registration Number, passport number, and I-94 Arrival-Departure Record Number). If you have any family members or dependents who will be immigrating with you, your employer will need to provide information about them on the I-140 as well. If you fall under a special immigrant category (e. g. , if you are a religious worker, a Canal Zone employee, or a physician working under certain circumstances), your employer will need to file an I-360 form (Petition for Amerasian, Widow(er), or Special Immigrant) instead. I-140 processing time typically takes several months. However, most categories of immigrant workers can qualify for premium processing, which guarantees a processing time of 15 days. Premium processing requires an additional filing fee of $1,225 and the completion of an I-907 form. [17] X Trustworthy Source US Citizenship and Immigration Services U. S. government agency in charge of the naturalization and immigration systems Go to source
Where you file the form will depend on your individual circumstances. Check the USCIS Direct Filing Addresses page here: https://www. uscis. gov/i-485-addresses The typical filing fee for employment-based applicants is $1,225 USD. [19] X Trustworthy Source US Citizenship and Immigration Services U. S. government agency in charge of the naturalization and immigration systems Go to source Some employers may be willing to pay some or all of this fee for you. The wait time for getting your I-485 approved may vary depending on your immigrant status and which office is handling your case. If you are in the US and have paid your immigrant visa fee, processing time may take up to 120 days from the time of entry or the time of paying the fee.
2 passport-style color photos of yourself. A photocopy of a government-issued ID with a photograph (e. g. , your passport). A photocopy of your birth certificate, or proof that no birth certificate is available. Copies of documents certifying that you were inspected by an immigration officer and admitted into the US. Documentation of your immigrant category. A copy of an official job offer from your employer. A form completed by a USCIS civil surgeon certifying that you do not have any medical conditions that would prevent you from being eligible to live in the US.
To appeal, file a form I-290B (Notice of Appeal or Motion). In most cases, you will need to submit a $675 filing fee. [22] X Trustworthy Source US Citizenship and Immigration Services U. S. government agency in charge of the naturalization and immigration systems Go to source
