US Green Card: USCIS Lists 8 Requirements Skilled Visa Holders Must Meet

• A fresh US immigration update has highlighted an important pathway for foreign skilled workers seeking permanent residency
• USCIS has outlined key conditions applicants must satisfy before qualifying for an employment-based Green Card.
• The guidance also contains a notable provision for eligible workers who change jobs during the application process

The United States government has outlined the exact conditions foreign nationals on skilled worker visas must fulfil to obtain a green card through employment-based immigration.

The US Citizenship and Immigration Services (USCIS) published the guidelines, which detail how American immigration law organises permanent residency pathways into distinct preference tiers depending on an applicant's qualifications and job type.

Employment-based preference categories

Three primary categories determine which pathway an applicant qualifies for.

The EB-1 or First Preference tier covers priority workers, a group that includes individuals with extraordinary ability in fields such as science, arts, education, business, or athletics, as well as outstanding professors, researchers, and certain multinational executives and managers.

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The EB-2 or Second Preference category applies to professionals with advanced degrees, individuals demonstrating exceptional ability, and those who qualify for a national interest waiver.

The EB-3 or Third Preference tier is designed for skilled workers, professionals, and other qualifying workers who fall outside the scope of the first two categories.

The 8 requirements applicants must meet

Foreign nationals already living in the United States who wish to adjust their status to lawful permanent resident under any of these three categories must satisfy eight conditions set out by USCIS.

Applicants must correctly file Form I-485, the Application to Register Permanent Residence or Adjust Status, and must be physically present in the country at the time of submission. They must also have entered the United States lawfully, either through inspection and admission or through parole.

An immigrant visa must be immediately available both when the application is filed and when USCIS makes its final determination.

The position listed in the Form I-140 petition must still exist with the sponsoring employer, and the applicant must intend to accept that specific role once approval is granted.

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Additionally, no statutory bars to adjustment of status must apply to the individual. The applicant must be admissible for lawful permanent residence or hold eligibility for a relevant waiver, and must merit a favourable exercise of discretion from USCIS.

USCIS also addressed situations where applicants switch jobs while their green card applications are still being processed.

Under Section 204(j) of the Immigration and Nationality Act, a previously approved Form I-140 petition can remain valid for adjustment of status purposes if the new position falls under the same or a similar occupational classification as the original, and if the Form I-485 has been pending for at least 180 days.

US lists 10 reasons residents need new Green Card

Meanwhile, YEN.com.gh had earlier reported that US immigration authorities had published official guidelines listing 10 specific conditions that made obtaining a replacement Green Card mandatory.

The conditions had ranged from expiry dates and physical damage to age milestones, status changes and outdated card formats.

USCIS had warned that holding an inaccurate or compromised Green Card could lead to legal complications for permanent residents.

Source: YEN.com.gh