Do I Qualify for an Employment-Based Permanent Resident Visa?

 Posted on June 13, 2024 in Immigration

Simply having a job in the United States is not enough to qualify you for an adjustment of status based on your employment. A lot of immigrants with visas work, but not all can obtain permanent residency using an employment-based visa. Getting your status adjusted based on your employment requires your employer’s cooperation. The company you work for will need to help you apply, and this can be a tedious process that not all employers are willing to go through. You also need to meet other requirements that may not be easy to prove. If you are seeking an adjustment of status based on your work, you need a highly skilled DuPage County, IL immigration attorney.

The Basic Requirements for Getting an Employment-Based Green Card

You must be able to meet these basic requirements to be eligible for an employment-based adjustment of status:

• Your employer is physically located in the United States, even if the company is foreign-owned, 
• You will be working in a full-time position that is expected to be permanent, 
• Your employer can prove that it cannot find a U.S. citizen who can do your job, which means you likely need to have unique and special professional skills, and 
• You are well-qualified for the job you are performing, meeting all educational and professional requirements. 

These requirements can be difficult to meet, especially the requirement that your employer cannot find a citizen who could do your job. You would likely need to prove that you are uniquely skilled in your field. For example, if you are a highly qualified researcher whose knowledge in a particular academic subject is unmatched, and you will be teaching a college class based on your research, that requirement will likely be met.

Special Circumstances That Can Help You

You are more likely to get a green card based on the work you do if you have particular professional skills that are needed in the U.S. For example, it may help your case if you: 

• Are an expert in your field and hold an advanced degree, 
• Are an investor who will create jobs for Americans, 
• Are highly educated and have a specialty, such as being one of few surgeons who can perform a certain procedure, 
• Have exceptional abilities in fields like business, athletics, science, or art, 
• Can perform work that few Americans are able to do, 
• Are a skilled professional worker with strong qualifications. 

Contact a Lombard, IL Immigration Attorney

Mevorah & Giglio Law Offices is experienced in helping immigrants obtain employment-based green cards. Our dedicated DuPage County, IL adjustment of status lawyers will work closely with you and your employer to work towards making you a permanent resident. Contact us at 630-932-9100 for a complimentary consultation.