Home \ Green Cards \ Green Cards: Employment

I-140: Immigrant Petition for Alien Worker for Green Card

Written by Tiya pLC

I-140: Immigrant Petition for Alien Worker for Green Card

1. An applicant with a pending green card case, who is in the U.S., should still consult with a competent immigration attorney to apply for a non-green card work visa even if the U.S. Citizenship and Immigration Services has issued and approved his/her I-765 Application for Employment Authorization (EAD); and has a pending or approved I-140 Immigrant Petition.

2. Choosing the employment-based classification (such as an EB-1, EB-2 or EB-3) is crucial to the processing time for the green card case especially for foreign nationals with certain country of birth (not nationality). Some EB green card cases can take 6 to 9 years go process while other EB green card cases may take 2 or less years to process.

3. Most employment-based (EB) green card cases consist of three stages:

a) Stage 1: PERM

b) Stage 2: I-140 Immigrant Petition for Alien Work.

c) Stage 3: I-485 Applications for Adjustment of Status.

i. During this stage, the green card applicant can seek to apply (recommended) for I-131 advance parole and I-765 employment authorization document (EAD).

Stages 2 and 3 may be filed concurrently or at the same time, depending on criteria.

4. Certain employment-based green card cases do not require PERM permanent labor certification process with the U.S. Department o f Labor, such as certain EB-1 and certain EB-2 cases. If so, the green card case will start from I-140 Immigrant Petition stage. If a PERM is required, the green card applicant must undergo PERM for the approval of the U.S. Department of Labor before applying for I-140 Immigrant Petition and, if applicable, I-485 Adjustment of Status Application.

5. It is normally faster to obtain green card status through employment-based green card cases that do not require the PERM stage because:

a) Without the requirement of PERM, the processing time for PERM stage (which is normally lengthy lasting from several months to several years, depending on the circumstances) is eliminated.

b) The immigrant visa numbers (because EB cases have quotas) are normally more available in EB-1 green card cases, and then EB-2 green card cases.

6. At the I-140 stage, the green card applicant may include the biodata of certain family members who intend to immigrate with the applicant in the green card cases.

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship. For more information, please contact Aik Wan Kok, Immigration Attorney at Tiya PLC, at This e-mail address is being protected from spambots. You need JavaScript enabled to view it , This e-mail address is being protected from spambots. You need JavaScript enabled to view it , 202-507-9767 (office) or 703-772-8224 or www.tiyaimmigration.com. Tiya PLC is a U.S. professional law practice specializing in U.S. immigration law. Ms. Kok and Tiya PLC provide legal representation to foreign nationals, individuals and their families, employers and companies in all stages and aspects of green card and work visa matters.

Family of Green Card Holder or Applicant

Green Cards: Employment

Written by Tiya PLC

Family of Green Card Holder or Applicant

1. An applicant with a pending green card case, who is in the U.S., should still consult with a competent immigration attorney to apply for or maintain a non-green-card work visa or immigration status even if the U.S. Citizenship and Immigration Services has issued and approved his/her I-765 Application for Employment Authorization (EAD).

PERM: Permanent Labor Certification

Green Cards: Employment

Written by Tiya PLC

PERM: Permanent Labor Certification

3. Most employment-based green card cases consist of three stages:

a) Stage 1: PERM

b) Stage 2: I-140 Immigrant Petition for Alien Work.

c) Stage 3: I-485 Applications for Adjustment of Status.

i. During this stage, the green card applicant can seek to apply (recommended) for I-131 advance parole and I-765 employment authorization document (EAD).

Stages 2 and 3 may be filed concurrently or at the same time, depending on criteria.

4. Some employment-based green card cases do not require PERM, a permanent labor certification by the U.S. Department of Labor. However, most employment-based green card cases do require a PERM.

5. PERM stands for Program Electronic Review Management System.

6. PERM is a process whereby the U.S. Department of Labor (“DOL”) determines that:

a) The employer-sponsor has adequately testes the U.S. labor market to ascertain that there are no qualified, willing, able and available U.S. workers for the green card position;

b) The job requirements of the employer-sponsor are not unduly restrictive or adversed;

c) The offered green card salary meet the DOL prevailing wage criteria;

d) The employment of the foreign national will not adversely affect the wages and conditions of U.S. workers who are similarly employed; and

e) The foreign national meet the job requirements for the green card position in compliance with the criteria promulgated by immigration law.

7. The EB-3 green card applicant may include certain family members as derivative applicants in the green card cases after the PERM stage has been approved by the DOL.

EB-3: Professionals or Skilled Workers Employment-Based 3rd Preference

Green Cards: Employment

Written by Tiya PLC

EB-3: Professionals or Skilled Workers Employment-Based 3^rd Preference

3. Most employment-based green card cases consist of three stages:
a) Stage 1: PERM

b) Stage 2: I-140 Immigrant Petition for Alien Work.

c) Stage 3: I-485 Applications for Adjustment of Status.
i. During this stage, the green card applicant can seek to apply (recommended) for I-131 advance parole and I-765 employment authorization document (EAD).
Stages 2 and 3 may be filed concurrently or at the same time, depending on criteria.

4. Some employment-based green card cases do not require PERM, a permanent labor certification by the U.S. Department of Labor. However, most employment-based green card cases do require a PERM.

5. The Professionals or Skilled Worker Employment-Based Third Preference (“EB-3”) petitions are green card sponsorships through their employers. They are for jobs requiring, and foreign nationals who have either:

a) For professional: either U.S. or foreign-equivalent Bachelor’s degrees and who is a member of the profession; or

b) For skilled workers: At least 2 years of relevant work experience or training.

6. PERM permanent labor certification is required for these EB-e green card cases.

7. The EB-3 green card applicant may include certain family members as derivative applicants in the green card cases.

EB-2: Advanced/Master’s Degree, or Bachelor's Plus 5-Year Exp Employment-Based 2nd Preference

Green Cards: Employment

Written by Tiya Law PLC

EB-2: Advanced or Master’s Degree Employment-Based 2^nd Preference

EB-2: Bachelor’s Degree Plus 5-Year Experience Employment-Based 2^nd Preference

1. An applicant with a pending green card case, who is in the U.S., should still consult with a competent immigration attorney to apply for a non-green card work visa whether or not the U.S. Citizenship and Immigration Services has issued and approved his/her I-765 Application for Employment Authorization (EAD).

2. Choosing the employment-based classification (such as an EB-1, EB-2 or EB-3) is crucial to the processing time for the green card case especially for foreign nationals with certain country of birth (not nationality). Some EB green card cases can take, for example, 6 to 9 years to process while other EB green card cases may take, for example, 2 or less years to process.

3. Most employment-based green card cases consist of three stages:

a) Stage 1: PERM

b) Stage 2: I-140 Immigrant Petition for Alien Work.

c) Stage 3: I-485 Applications for Adjustment of Status.

i. During this stage, the green card applicant can seek to apply (recommended) for I-131 advance parole and I-765 employment authorization document (EAD).

Stages 2 and 3 may be filed concurrently or at the same time, depending on criteria.

4. Some employment-based green card cases do not require PERM, a permanent labor certification by the U.S. Department of Labor. However, most employment-based green card cases do require a PERM.

5. The Advanced or Master’s degree Employment-Based second preference (“EB-2”) petitions are green card sponsorships through their employers.

6. The Advanced or Master’s degree green card petitions are for jobs requiring, and foreign nationals who have, either U.S. or foreign-equivalent Advanced or Master’s degrees; OR U.S. or foreign-equivalent Bachelor’s degrees plus five years of relevant experience.

7. PERM permanent labor certification is required for these EB-2 green card cases.

8. The EB-2 green card applicants may include certain family members as derivative applicants in their green card cases.

EB-2: National Interest Waiver Employment-Based 2nd Preference

Green Cards: Employment

Written by Tiya Law PLC

1. The National Interest Waiver Employment-Based second preference petitions are green card sponsorships that can be self-petition or through an employer.

2. The National Interest Waiver green card petitions are for foreign nationals who are of exceptional ability in their field of work and whose work or contributions are of national interests to the U.S.

3. PERM permanent labor certification is not required for these green card cases.

4. The National Interest Waiver applicants can include their family members in the green card cases.

All Rights Reserved. This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.
For more information, please contact Aik Wan Kok, Immigration Attorney at Tiya PLC, at This e-mail address is being protected from spambots. You need JavaScript enabled to view it m, This e-mail address is being protected from spambots. You need JavaScript enabled to view it m, 703-772-8224 or www.tiyaimmigration.com. Tiya PLC is a U.S. professional law practice specializing in U.S. immigration law. Ms. Kok and Tiya PLC provide legal representation to foreign nationals, individuals and their families, employers and companies in all stages and aspects of green card and work visa matters.

5. An applicant with a pending green card case, who is in the U.S., should still consult with a competent immigration attorney to apply for a non-green card work visa whether or not the U.S. Citizenship and Immigration Services has issued and approved his/her I-765 Application for Employment Authorization (EAD).

EB-1: Multinational Executives/Managers Employment-Based 1st Preference

Green cards - Green Cards: Employment

Written by Tiya Law PLC

1. The Multinational Executive/Manager Employment-Based first preference petitions are green card petitions forforeign national executives or managers from foreign office or affiliated companies to live in the U.S. permanently and to work in the U.S. office or U.S. affiliated companies.

EB-1: Outstanding Researcher/Professors Employment-Based 1st Preference

Green Cards: Employment

Written by Tiya Law PLC

1. The Outstanding Researcher /Professor Employment-Based first preference petitions are green card petitions for researchers or professors who are outstanding in their specific academic area.