How to Get a Green Card: Green Card for Employment-Based Immigrants

Green Card for Employment-Based Immigrants

There are an exceptionally high number of employment-based visas available this fiscal year (October 2021 through September 2022). In partnership with the U.S. Department of State, we are committed to attempting to use all these visa numbers. There are many more visas available in the first (priority workers) and second (workers with advanced degrees or of exceptional ability) employment-based categories than pending adjustment of status applications pending with USCIS. If you are eligible, please consider applying in the first or second employment-based preference categories. If you have a pending adjustment of status application based in the third employment-based preference category but also have a pending or approved petition and an available visa in the second employment-based preference category, we strongly encourage you to request that USCIS “transfer the underlying basis” of your pending application to the second employment-based preference category. U.S. immigration law provides aliens with a variety of ways to become lawful permanent residents (get a Green Card) through employment in the United States. These employment-based (EB) “preference immigrant” categories include: •First preference (EB-1) – priority workers -Aliens with extraordinary ability in the sciences, arts, education, business, or athletics; -Outstanding professors and researchers; or -Certain multinational managers and executives. •Second preference (EB-2) – aliens who are members of the professions holding advanced degrees or who have exceptional ability (including requests for national interest waivers). •Third preference (EB-3) – skilled workers, professionals, or other workers.

Eligibility for Adjustment of Status If you are currently in the United States, in order to be eligible for a Green Card as an EB-1, EB-2, or EB-3 immigrant, you must meet the following requirements: •You properly file Form I-485, Application to Register Permanent Residence or Adjust Status; •You were inspected and admitted or inspected and paroled into the United States; •You are physically present in the United States at the time you file your Form I485; •You are eligible to receive an immigrant visa; •An immigrant visa is immediately available to you at the time you file your Form I-485 and at the time USCIS makes a final decision on your application. (For information on visa availability, see Visa Availability and Priority Dates, Adjustment of Status Filing Charts, and the Department of State website to view the Visa Bulletin); •The job offered to you in the Form I140, Immigrant Petition for Alien Worker still exists with the employer that filed the Form I-140 on your behalf, and you plan to accept the job once USCIS approves your Form I-485. If you filed Form I-140 as a self-petitioner, you must plan to work in the same or similar occupational field as specified in your Form I-140; •None of the applicable bars to adjustment of status apply to you; •You are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief; and •You merit the favorable exercise of USCIS’ discretion. Inspected and Admitted or Inspected and Paroled Generally, to be eligible to adjust status, you must be present in the United States after being “inspected and admitted” or “inspected and paroled” by an immigration officer. There are some limited exceptions to this eligibility requirement. Eligibility to Receive an Immigrant Visa You are eligible to receive an immigrant visa, if you are the beneficiary of: •An approved Form I-140 filed on your behalf; •A pending Form I-140 (that is ultimately approved); or •A Form I-485 filed together with the Form I-140 (and the Form I-140 is ultimately approved).l

— USCIS

Making Marriage Work

BY JANET HOWARD 311DIVORCE.COM

Marriage can be one of the most rewarding aspects of life. It can also be one of the most frustrating relationships you ever experience. How do some couples manage to stay together for a lifetime of happiness, while others suffer the pain of divorce? The answer is simple: expectations. Expectations often lead to disappointment in marriage. When you expect your spouse to do something and they don't, you may get angry; you may feel hurt-even violated. All of that pain came from your own expectations. The good news is that you can control your expectations for a happier marriage. In order to do this, you must examine your view of marriage more closely. Do you believe that marriage is an equal partnership in every way? Isn't the ideal marriage a 50/50 split of responsibilities and duties? Actually, the answer is "no." Your duties and responsibilities never change. You are responsible for 100% of everything you can control in your marriage. That which you cannot control (i.e. the actions of your spouse) are not your responsibility. It may sound scary, even dangerous, at first but letting go of unhealthy expectations will ultimately grant you the highest level of marital satisfaction. For example, say your wife never pulls the car in the garage at night. No matter how many times you ask, beg, or plead, it never happens. Now, stop for a moment and evaluate the underlying expectation of this scenario. Even though experience has taught you that your wife doesn't ever pull the car in the garage at night, somewhere deep down you're still holding onto the expectation that she will. This expectation leads to resentment and bitterness, which often leads to divorce. Now, imagine for a moment that you took that expectation and threw it away. Don't replace it with any other expectation. For example, don't replace the expectation that your wife will pull the car in the garage at night with the expectation that she won't. Simply throw away every expectation. Now, if your wife doesn't pull the car in the garage, it may still bother you but it should bother you to a much lesser extent because you now realize that you can't control her behavior. You know what you need to do if you really want the car pulled in the garage every night? You need to do it. You need to take responsibility for your own desires. It is not your spouse's job to fulfill your every desire. Your mate is not responsible for your happiness or satisfaction in life. Ultimately, you are responsible for those things. Now, this is not to say that you shouldn't share your desires with your spouse. You absolutely should! No, the point is that you must stop laying expectations on your spouse altogether. This way, when your spouse meets any of your desires, it is a blessing to you, not the fulfillment of an obligation (an unhealthy expectation). When your spouse does something that you like, it is a blessing. On the contrary, when they do something you dislike (or fail to do something you like) it won't bother you very much (if at all) because it was never expected in the first place! If you're still wondering whether or not this really works, give it a try. You may want to start by simply writing down every expectation you've been placing on your spouse as soon as you think of it. These things may be large or small; it doesn't matter. Write them all down. Next, begin to throw them away in your mind. Let them go. Release these expectations. Finally, test your success in removing the expectation by watching your reaction (outward or inward) whenever your spouse fails to meet that expectation. Continue practicing this discipline for at least one week and note the changes in your personal marital satisfaction. After several months, you may be looking at an entirely different marriage--a happier marriage, a marriage that works.l