Employment Based Green Card

You don’t have your American green card yet? Or do your family members in China ask you to help obtaining green card for them?

We all know the long years Chinese face the wait for “family-sponsored” green cards. If a US citizen wants to sponsor brothers or sisters for green cards, the wait is almost more than 13 years now. This article discusses why you need to explore a company-sponsored green card option.

So, why would I need green card as soon as possible?

  1. Uncertainty (change in regulations) – immigration regulations are often subject to frequent changes. So usually people who started the process as early as possible benefits because the government rarely “cuts off” the process of those people who are already in track of getting their green card.
  2. Time – to ultimately get the green card, there is a processing time (~2-3 years) and 2-4 years wait=time for “visa availability” – if you have a job experience of 2 yrs and more OR have higher degrees. This is why many people with F-1 visa start the process while in school. If you want to “start” working with the company, you can also “file” your application earlier to get work permit before you get your green card.
  3. Financial benefit – having a green card opens up more opportunities and stabilities w/ ability to have more than one job without any limitations.
  4. Can a small company or a company with short history sponsor my green card? Yes, as long as they can show the “financial ability” on papers to sponsor your job position above the prevailing wage. “Financial ability” does not mean that your company has to be Google.
  5. I don’t have a job yet. Isn’t this a pipe dream if I am from a normal school or without a decent job already set out? Of course, it will help if you already have a decent job with a good employer. However, a decent job is “attractive” to those who already have their green card. For a smaller company, offering green card sponsorship benefits both the company and the worker because the company can retain a good worker and the beneficiary can contribute to the growth of the company as well as his or her own job stability. Yes, America still needs good workers like you.
  6. Do I have to be “working now” at a company for the company to start the process for my green card? No, this is a “job offer” contingent upon the approval of the immigration petition.
  7. Do I have to be “physically in the US” to get my green card? No, it does not matter. All the work can be done remotely.
  8. Is there even faster way to get the green card? Yes, if you work for a company in your home country and the company makes an investment for you to work and establish a business in the US regional office.

If you fail to plan your future, then you plan to fail. Call 732-709-3446 (NJ) 215-279-9112 (PA) or email andrew.wu@wuhunglaw.com to start the planning your future together.

*The author of this article, Elena, is an experienced, detail-oriented attorney with business background. She is 1.5 generation immigrant who understand both companies and immigrant perspectives. Her clients praise her systematic work process to make the process easier.