Employment-Based Green Cards in Oregon

1. What are the employment-based green card requirements in Oregon?

In Oregon, employment-based green card requirements are the same as those set by the federal government. To obtain a green card through employment in Oregon, the applicant must have been sponsored by their employer and must show that they qualify for one of the five employment-based categories:

1. Priority Workers: Persons with extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors and researchers; and certain multinational executives and managers

2. Professionals with Advanced Degrees or Exceptional Ability: Professionals with advanced degrees and people with exceptional ability in the sciences, arts, or business

3. Skilled Workers, Professionals, and Unskilled Workers (Other Workers): Skilled workers, professionals, and unskilled workers who are capable of performing labor for which qualified workers are not available in the US

4. Special Immigrants: Certain religious workers; former US government employees; retired international employees of the US; and certain other special categories of immigrants

5. Employment Creation (Investors/Entrepreneurs): Immigrants investing in a commercial enterprise that will benefit the US economy and create at least 10 full-time jobs for US workers.

2. How can someone in Oregon apply for an employment-based green card?

Someone in Oregon can apply for an employment-based green card by filing Form I-140, Immigrant Petition for Alien Worker. They would need to submit the completed form along with any supporting documentation and the filing fee to the USCIS Dallas Lockbox facility. Depending on the type of employment-based green card they are applying for, they may also need to have their employer file Form ETA 9089, Labor Certification, with the Department of Labor. Finally, they may need to file Form I-485, Application to Register Permanent Residence or Adjust Status, after their priority date becomes current and there is a visa number available.

3. Are there any restrictions on workers from Oregon obtaining employment-based green cards?

Yes, there are restrictions on workers from Oregon obtaining employment-based green cards. These restrictions include quotas for certain countries, limits on what types of jobs can be eligible for green cards, requirements for workers to hold certain levels of education or experience, and requirements for eligible employers.

4. How long does it usually take to receive an employment-based green card in Oregon?

The length of time it takes to receive an employment-based green card in Oregon depends on the type of visa you are applying for and your individual circumstances. Generally, the process can take anywhere from six months to several years. It is important to note that processing times can vary significantly based on individual cases and the availability of necessary documents and information.

5. Is there a backlog for employment-based green cards in Oregon?

Yes, there is a backlog for employment-based green cards in Oregon. The current backlog stands at over 8,000 applicants, with wait times of up to 10 years.

6. How does an employer in Oregon sponsor a foreign national for an employment-based green card?

An Oregon employer can sponsor a foreign national for an employment-based green card through the Permanent Labor Certification (PERM) process. This process involves filing Labor Certification applications with the U.S. Department of Labor and then filing an I-140, Immigrant Petition for Alien Worker, with the U.S. Citizenship and Immigration Services. The PERM application must demonstrate that there are no qualified U.S. workers available for the position and that the position’s wages are at least as high as the prevailing wage rate in the area. After these steps are completed, the foreign national can apply for either an Adjustment of Status or Consular Processing (depending on their current immigration status) to obtain permanent residence in the U.S.

7. Are there any additional considerations when applying for an employment-based green card in Oregon?

Yes, there are additional considerations when applying for an employment-based green card in Oregon. Depending on the purpose of your application, you may need to provide evidence of financial stability, such as pay stubs or tax returns, as well as proof of qualifications/experience related to the job you are applying for. Additionally, Oregon is part of the Deferred Action for Childhood Arrivals program, so if you are applying for an employment-based green card based on your DACA status, you may need to provide additional evidence such as a copy of your authorization. Lastly, if you are not a U.S. citizen, you will need to provide evidence of your current legal status in the United States.

8. Is it possible to become a permanent resident through an employment-based green card in Oregon?

Yes, it is possible to become a permanent resident through an employment-based green card in Oregon. The most common way to do this is to get sponsored by an employer and to apply for an Employment-Based Immigration Visa (EB-1, EB-2, or EB-3). The employer must first receive a labor certification from the U.S. Department of Labor and then the employee may apply for an EB visa. Once the foreign national obtains an EB visa, they can then complete the green card process to become a permanent resident.

9. What is the process for renewing an employment-based green card in Oregon?

The process for renewing an employment-based green card in Oregon includes:

1. Filing Form I-90: Application to Replace Permanent Resident Card with the U.S. Citizenship and Immigration Services (USCIS).

2. Pay the appropriate filing fee.

3. Gather required documentation, such as proof of identity, residency, and employment.

4. Attend a biometrics appointment at a local USCIS Application Support Center (ASC).

5. Wait for a decision on your application, which could take several months.

6. If approved, receive your new green card in the mail.

10. What are the benefits of having an employment-based green card in Oregon?

The benefits of having an employment-based green card in Oregon include:
* The right to live and work legally in the United States without fear of deportation;
* The ability to apply for and be eligible for citizenship;
* Access to government welfare benefits including Social Security, Medicare, and Medicaid;
* The ability to bring immediate family members (spouses and unmarried children under 21) to the United States;
* Access to federal student financial aid for higher education;
* The opportunity to travel freely outside the United States without a visa; and
* Eligibility for certain employment-based nonimmigrant visas.

11. Can an employee in Oregon with an employment-based green card change jobs?

Yes, an employee with an employment-based green card can change jobs in Oregon. As long as the employee is still employed in a similar position in the same occupational classification, they can change employers without having to restart the green card process.

12. How does a family member of a worker with an employment-based green card in Oregon obtain a visa?

A family member of a worker with an employment-based green card in Oregon can obtain a visa by submitting a Form I-130 Petition for Alien Relative and other required documents to the United States Citizenship and Immigration Services (USCIS) office. The petitioning family member must provide evidence of the family relationship, including birth or marriage certificates, and documents establishing the legal status of the petitioner. A successful petition will allow the foreign family member to apply for an immigrant visa at a U.S. consulate abroad.

13. Can an employee with an employment-based green card in Oregon be fired from their job?

Yes, an employee with an employment-based green card in Oregon can be fired from their job, just like any other employee. The employer must comply with the Oregon Employment Laws and the employee’s rights must be respected.

14. Can an employee with an employment-based green card in Oregon change employers while maintaining their current visa status?

Yes, an employee with an employment-based green card in Oregon can change employers while maintaining their current visa status, as long as certain conditions are met. The employee must have an approved Form I-140, Immigrant Petition for Alien Worker, or the employer must agree to sponsorship in a new job. The new job must be in the same or similar occupation as the original job and the employee must start working for the new employer within 180 days of the original I-140 approval.

15. How long are employment-based green cards valid for in Oregon?

Employment-based green cards in Oregon are valid for ten years.

16. Does Oregon have any special requirements for employers sponsoring foreign nationals for employment-based green cards?

Yes, Oregon has special requirements for employers sponsoring foreign nationals for employment-based green cards. The Oregon Investment and Employment Act (OIEA) requires employers to pay a “prevailing wage” that is “at least as much as the prevailing wage established by the Oregon Employment Department for the area of intended employment, and no less than the minimum wage required by the Fair Labor Standards Act (FLSA).” In addition, employers must provide copies of the Labor Condition Applications to the Oregon Bureau of Labor and Industries and complete a detailed annual report on their use of OIEA-certified alien labor.

17. Are there any waiting periods associated with obtaining an employment-based green card in Oregon?

Yes, there are waiting periods associated with obtaining an employment-based green card in Oregon. An individual can expect to wait anywhere from several months to several years, depending on the type of green card they are applying for. When applying for an employment-based green card, certain individuals may be subject to the Department of State’s visa backlog, or they may need to go through the PERM labor certification process. Additionally, some individuals may face longer wait times due to their country of origin and/or the annual visa cap.

18. What is the impact of naturalization on workers with an employment-based green card in Oregon?

The impact of naturalization on workers with an employment-based green card in Oregon is that they can become U.S. citizens. With naturalization, they can enjoy the full rights and privileges of U.S. citizenship, such as being eligible to vote and holding public office, receiving government benefits, applying for U.S. passports, and having the right to live permanently in the United States. Naturalization can also make it easier for green card holders to change jobs or start a business in the United States, as well as bring family members to the country more easily.

19. Are there any restrictions on the types of jobs that employees with an employment-based green card in Oregon can accept?

Yes. Applicants with an employment-based green card in Oregon should consult their particular visa category for more information on any applicable restrictions. Generally, there may be restrictions based on the type of job duties, location, and the amount of time an applicant can devote to any particular job. Additionally, applicants may be limited in the number of employers they can work for at one time.

20. What are the benefits of permanent residency through an employment-based green card in Oregon?

Some of the benefits of permanent residency through an employment-based green card in Oregon include:

• The ability to remain in the United States indefinitely and work without restriction.
• The ability to travel in and out of the United States without having to obtain a new visa.
• The ability to petition for certain family members to become permanent residents.
• Granted access to government benefits, such as Social Security, Medicare, and Supplemental Security Income (SSI).
• The ability to apply for U.S. citizenship after five years.
• Access to educational and employment opportunities in the United States.