Individuals seeking permanent residency in the United States may wonder whether they can get a green card through their employer. The answer is yes, but the outcome of your case depends on the specific circumstances of your situation. Continue reading for information on the process of obtaining a U.S. Green Card through employment-based immigration categories. Reach out to a knowledgeable Queens employment immigration lawyer to secure the help of an experienced professional.

What is a Green Card?

A green card is an identification document issued by the U.S. government to immigrants. It proves that the holder has been granted permanent residency in the United States, meaning they can live and work permanently anywhere in the U.S. and may become eligible to apply for U.S. citizenship in the future.

Can I Get a Green Card Through My Employer in NY?

Yes, it is possible to obtain a green card through an employer in New York. Employment-based immigration is governed by federal law, and New York employers often sponsor foreign workers in healthcare, technology, finance, academia, and more.

Employment-based green card categories include EB-1, EB-2, and EB-3. Many of these categories require employer sponsorship, although some subcategories allow self-petitioning.

  • EB-1: For individuals with extraordinary ability in the sciences, arts, education, business, or athletics, as well as outstanding professors and researchers, or certain multinational managers and executives
  • EB-2: For individuals who are members of the professions holding advanced degrees or who have exceptional ability
  • EB-3: Skilled workers, professionals, or other workers

How Can My Employer Sponsor Me for a Green Card?

In order for your employer to sponsor you for a green card, there is a multi-step process that they must initiate.

  1. PERM Labor Certification: For EB-2 and EB-3 visas, the employer must first secure a Program Electronic Review Management (PERM) Labor Certification from the Department of Labor (DOL). This requires the employer to conduct a good-faith recruitment effort to prove that no qualified, willing, and available U.S. workers can fill the position. The employer must also agree to pay the wage determined by the DOL.
  2. Immigrant Petition (Form I-140): Once the PERM application is certified, the employer should file Form I-140, the Immigrant Petition for Alien Worker, with the U.S. Citizenship and
  3. Immigration Services (USCIS). This petition classifies the foreign worker under the appropriate EB category. The filing of the PERM application establishes the applicant’s priority date, which is confirmed once the I-140 is approved. This is important for determining visa availability.
  4. Final processing: The final step depends on the applicant’s location. If they are legally present in the U.S. and a visa number is immediately available, the applicant can file Form I-485,
  5. Application to Adjust Status. If the applicant is abroad or must wait for their priority date to become current, they undergo Consular Processing at a U.S. Embassy or Consulate.

The entire process is complex, time-consuming, and heavily relies on the employer’s willingness and ability to comply with federal immigration and labor laws.