One of the ways to obtain a Green Card based on employment is through the EB-3 Immigrant Visa. The following is an overview of the process by one of our clients, Reza Moghtaderi Esfahani, who received his Green Card based on employment.
“My application for Adjustment of Status was based on the EB-3 employment category. I was among the few cases of F-1 students who were lucky enough to have met an employer that agreed to sponsor their Green Card without requiring them to go through the H1-B process. Even though I had a fully-funded acceptance letter to a Master’s Degree program in Computer Science, I wanted to continue working in the professional world after receiving my Bachelor’s Degree, so I discussed this issue with my employer towards the end of the first year of my Optional Practical Training (OPT).
Photo courtesy of Reza Moghtaderi Esfahani
Once I found The Grady Firm and they prepared my application with information provided by me and my employer, my attorneys filed an Application for Prevailing Wage Determination with the Department of Labor in February 2017. Then my employer began the recruitment process for US workers by posting job ads in local newspapers and online as part of the PERM process. After a few months of running the ads, and when no US citizen or Permanent Resident applied for the position, we obtained an approved LCA and filed a form I-140 with USCIS in December 2017. The I-140 was approved in January 2018. We then submitted my I-485 application to Adjust Status to that of a Permanent Resident in February 2018.
Soon after, I received my Employment Authorization Card (EAD) and travel document (Advance Parole) in April 2018. I was now able to work after the expiration of my OPT, and was eligible to travel outside of the United States while my Adjustment of Status application was pending.
My biometrics (fingerprinting) appointment took place in May 2018, and my Green Card interview was scheduled for October 2018. Finally, after more than a year, my application was approved just two days after my interview, and I was granted Permanent Residency!
Aside from the privilege of being able to freely live and travel within the US, this card was actually my first opportunity to go see my family members back home after 8.5 years away from Iran. That is because at the time of issuance, my F-1 visa was a single-entry visa, and the issuance of all visas to Iranian nationals were extremely difficult to obtain due to the travel ban, making it nearly impossible to return home to see my family.
While there were several hiccups in the administrative portion of the process, including my Green Card not getting physically produced for nearly 6 months after the application approval, in the end I am honored to be a US Permanent Resident, and look forward to becoming a citizen of this great county. I continue to work with my employer to this day in the capacity of a software developer, but getting the Green Card has allowed me to also start a new business in real estate, where I have a passion to spend my free time and meet new people while creating an extra source of income. “
Client Testimonial, as found on Yelp:
Jennifer and Anthony are two of the most knowledgeable lawyers when it comes to immigration. They go above and beyond to help their clients and I can’t recommend them enough. The entire process for my case was done remotely and despite the timezone difference they were always quick to respond to my questions and make sure the case was moving forward smoothly.
About the Immigrant Visas
If you are interested in obtaining Permanent Residency in the United States, but do not have an immediate family member who is a US citizen or Permanent Resident, you may be able to obtain an offer from an employer in the United States as either a priority or non-priority worker.
Priority workers are people with extraordinary ability, such as an internationally known artists, musicians, actors, scientists or business people; outstanding professors and researchers; and multinational executives and managers. This is known as “employment first preference,” or EB-1.
For workers in this category, obtaining a Green Card is easier than for applicants in other categories because some do not need a job offer, and are not required to go through the difficult Labor Certification process that is required of other immigrant workers.
Professional Workers include applicants who have been offered jobs that require graduate degrees in the arts and sciences (i.e. law or accounting), or a Master’s in Business Administration, or a Bachelor’s Degree plus five years of specialized experience. This category is known as “employment second preference,” or EB-2. These applicants will first need certification from the Department of Labor to demonstrate that no qualified US workers are available, willing, and able to do the job. Applicants in this category may also apply on their own behalf (self-petition) under the National Interest Waiver.
Other Workers include ordinary professionals without graduate degrees; skilled workers, and unskilled workers (such as factory workers, landscapers, groundskeepers, plumbers, domestic workers, carpenters, and workers in the service and hospitality industries). These applicants must apply for a Labor Certification and Green Card on the based of a valid job offer. This category is known as “employment third preference,” or EB-3.
Curious if you qualify for an Immigrant Visa? Schedule complimentary 15-minute consultation with The Grady Firm.
About The Grady Firm, P.C.
The Grady Firm works with dynamic employers and employees across the country to prepare successful employment-based visa and Green Card applications. In addition, we help individuals, families, employees, business owners, and investors obtain non-immigrant and immigrant visas (B-1/B2, H-1B, H-2B, L-1A, L-1B, O-1, TN, E-2, E-3), as well and Green Cards and citizenship based on family relationships, investment, or employment.
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This article is for informational purposes only, and does not constitute legal advice or create an attorney-client relationship. This article does not make any guarantees as to the outcome of a particular matter, as each matter has its own set of circumstances and must be evaluated individually by a licensed attorney.