For Indian professionals working in the US, an employment-based green card application involves several stages, including choosing the right employment-based category, obtaining an immigrant petition where required and waiting for an immigrant visa number to become available. USCIS lists EB-1, EB-2 and EB-3 as the main employment-based preference categories for adjustment of status in the US.
Here are the key questions Indian green card applicants should know before starting an employment-based application.
1. What are the main employment-based green card categories?
EB-1 covers priority workers, including people with extraordinary ability, outstanding professors and researchers, and certain multinational managers and executives.
EB-2 covers professionals with advanced degrees and people with exceptional ability. EB-2 also includes the National Interest Waiver (NIW) route.
EB-3 covers skilled workers, professionals and other workers.
USCIS provides separate eligibility requirements for each employment-based category. USCIS EB-1 requirements USCIS EB-2 requirements USCIS EB-3 requirements.
2. Does an H-1B visa automatically qualify for a green card?
No. An H-1B visa provides temporary employment status and does not automatically establish eligibility for permanent residence.
{{/usCountry}}No. An H-1B visa provides temporary employment status and does not automatically establish eligibility for permanent residence.
{{/usCountry}}An H-1B professional can pursue an employment-based green card after meeting the requirements of an applicable EB category. The appropriate category depends on qualifications, employment and immigration circumstances.
3. Does an employment-based green card always require employer sponsorship?
No. Many employment-based green card cases involve employer sponsorship, particularly EB-2 and EB-3 cases. Certain routes, however, do not require traditional employer sponsorship.
For example, an eligible EB-2 applicant can seek a National Interest Waiver, while certain EB-1 extraordinary-ability applicants can qualify without a specific job offer.
4. What is a priority date?
A priority date determines an applicant's place in the employment-based immigrant visa queue.
USCIS states that the priority date generally corresponds to the date a labor certification application is accepted by the Department of Labor. When labor certification is not required, the priority date generally corresponds to the date USCIS properly receives the immigrant petition. USCIS priority dates guidance
Priority dates are particularly important for Indian applicants because employment-based immigrant visas are subject to annual numerical limits and country-specific allocation rules.
5. Why is the Visa Bulletin important for Indian green card applicants?
Qualifying for EB-1, EB-2 or EB-3 does not necessarily mean an immigrant visa number is immediately available.
The Department of State Visa Bulletin provides monthly cutoff dates for employment-based immigrant visa categories. Indian applicants must compare the applicable priority date with the relevant India cutoff date.
Visa Bulletin dates can move forward, remain unchanged or move backward depending on demand and available visa numbers.
6. Can Form I-485 be filed immediately after I-140 approval?
Not necessarily. Form I-485, Application to Register Permanent Residence or Adjust Status, allows an eligible applicant already in the US to apply for permanent residence.
Visa availability remains an important requirement. USCIS also determines which Visa Bulletin chart employment-based applicants can use for I-485 filings each month.
An approved I-140 therefore does not automatically mean immediate eligibility to file Form I-485.
7. What is adjustment of status?
Adjustment of status allows an eligible person already present in the US to apply for lawful permanent residence without leaving the US for immigrant visa processing.
USCIS employment-based guidance covers adjustment of status for EB-1, EB-2 and EB-3 applicants.
8. What happens when an Indian applicant is outside the US?
An applicant outside the US generally uses consular processing instead of adjustment of status.
USCIS provides separate guidance for employment-based immigrant visa applicants completing the process through a US consulate or embassy.
9. Can work and travel documents be obtained during the I-485 process?
Depending on eligibility, an adjustment-of-status applicant can apply separately for employment authorization and advance parole.
Employment authorization allows eligible applicants to work under the applicable authorization. Advance parole can provide authorization for certain international travel while an adjustment application remains pending.
USCIS provides employment authorization and advance parole information within its employment-based adjustment-of-status guidance.
What should Indian applicants check before starting an application?
Indian applicants should check five key points before beginning the process:
- Employment-based category: EB-1, EB-2 or EB-3
- Sponsorship requirement: Employer sponsorship or an eligible self-petition route
- Priority date: The date establishing the place in the immigrant visa queue
- Visa availability: The latest India-specific Visa Bulletin cutoff
- I-485 eligibility: Whether USCIS allows the applicable filing chart for the month