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

The employment-based green card requirements in California, which are set by the U.S. Citizenship and Immigration Services (USCIS), include the following:

1. A job offer from a U.S. employer that is permanent and full-time. The job must be related to the green card applicant’s qualifications and must meet the minimum wages set by state or federal laws.

2. A labor certification from the U.S. Department of Labor. The certification confirms that there are no U.S. workers who are able, willing, or qualified to take the job offered to the green card applicant.

3. An approved I-140 petition from USCIS with a priority date based on when the application was filed.

4. Adjustment of Status or an immigrant visa issued by the Department of State, depending on whether immigrating from within the United States or abroad.

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

In California, someone can apply for an employment-based green card through the U.S. Citizenship and Immigration Services (USCIS). The first step is to have a sponsoring employer file a Petition for Alien Worker (Form I-140) with USCIS on behalf of the applicant. Once the petition is approved, the applicant can then either file an Adjustment of Status (Form I-485) with USCIS or an immigrant visa application (Form DS-260) with the Department of State. The application process for an employment-based green card can take several months or even years and requires extensive documentation and paperwork.

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

Yes, there are restrictions on workers from California obtaining employment-based green cards. U.S. employers may petition foreign workers for permanent residence through the employment-based green card categories, but due to the California Employment Development Department (EDD) regulations, foreign workers who are already employed in California by the sponsoring employer may not be eligible for an employment-based green card. This is because the EDD requires foreign workers to obtain an EDD Social Security Number before they can be hired in the state of California, which is not possible for those seeking permanent residence.

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

The timeline for an employment-based green card in California will depend on the type of visa, as well as other factors such as the backlog of applications. On average, an employment-based green card can take between 6 months and 1 year to process.

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

Yes, there is a backlog for employment-based green cards in California. As of April 2021, there is a backlog of over 119,000 applicants waiting for their green cards. This backlog includes people from all over the world who have applied for an employment-based visa and are living in California.

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

In order to sponsor a foreign national for an employment-based green card in California, the employer must first file a labor certification application with the Department of Labor. This application must demonstrate that there are no qualified US workers for the position and that hiring a foreign national will not adversely impact the wages and working conditions of US workers in similar positions. If the application is approved, the employer must then file an immigrant visa petition with United States Citizenship and Immigration Services (USCIS). This petition must include evidence of the sponsoring employer’s financial ability to pay the foreign national’s wages, as well as evidence that the position offered is a permanent, full-time role. If the petition is approved, USCIS will issue an immigrant visa number to the foreign national, which they can use to apply for their green card.

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

Yes. Additional considerations when applying for an employment-based green card in California include the following:
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1. The applicant must be registered with the California Employment Development Department (EDD);
2. The applicant may be subject to higher filing fees for permanent residence petitions if they are working in California;
3. The applicant must comply with all state and federal labor laws, including minimum wage and overtime laws;
4. Certain employers may be subject to additional requirements, such as prevailing wage determination and/or labor certification from the Department of Labor; and
5. Employers must comply with all California’s workplace safety and health regulations, including background checks and drug testing.

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

Yes, it is possible to become a permanent resident through an employment-based green card in California. The U.S. Citizenship and Immigration Services (USCIS) grants permanent residency through a variety of employment-based green card categories, including those for immigrant investors, certain professionals with advanced degrees or exceptional ability, skilled and unskilled workers, and certain special immigrants.

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

The process for renewing an employment-based green card in California generally involves submitting Form I-90, Application to Replace Permanent Resident Card, to U.S. Citizenship and Immigration Services (USCIS). To apply for a renewal, you must provide evidence that you are still eligible for the green card and pay the applicable filing fee. This form is usually available online on the USCIS website. Additionally, if you need to travel outside of the US during the renewal process, you may need to obtain a Reentry Permit or a Returning Resident Visa, depending on your circumstances.

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

The primary benefit of having an employment-based green card in California is that it allows an individual to live and work permanently in the United States. Green card holders also have the right to certain social benefits, such as access to public education and medical care. They are able to travel outside of the U.S. without needing a visa and are eligible to become U.S. citizens after five years. Additionally, employment-based green card holders have the right to bring family members into the U.S., which is a benefit not available to those with other types of visas.

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

Yes, an employee in California with an employment-based green card can change jobs. However, the new employer must file a new labor certification and/or immigrant petition with the U.S. Citizenship and Immigration Services (USCIS). An employee with a green card can also be sponsored by a new employer for permanent residence.

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

A family member of a worker with an employment-based green card in California may obtain a visa through consular processing. This process involves submitting a petition to the United States Citizenship and Immigration Services (USCIS) and then making an appointment at a local U.S. embassy or consulate to complete the visa application.

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

Yes, an employee with an employment-based green card in California can be fired from their job. All employees, regardless of immigration status, can be terminated from their job if their employer has a valid reason to do so.

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

Yes, an employee with an employment-based green card in California can change employers while maintaining their current visa status. The employee must file an I-485 form with U.S. Citizenship and Immigration Services (USCIS) to request to adjust their status to a new employer. If approved, the new employer will need to file an I-140 form with USCIS to sponsor the employee’s green card application.

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

Employment-based green cards in California are valid for 10 years.

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

Yes, California has special requirements for employers sponsoring foreign nationals for employment-based green cards. Starting January 1, 2021, California employers must provide certain workers with additional protections and benefits, such as: (1) paying a minimum wage to all employees, including foreign national employees; (2) providing coverage of at least 80 hours of paid sick leave each year; (3) allowing all employees to take up to 12 weeks of job-protected family and medical leave; and (4) providing health benefits to employees who work an average of 25 hours or more per week. Employers must also provide foreign nationals with specific written notices and explain the terms and conditions of their employment.

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

Yes, depending on the visa classification, there are sometimes waiting periods associated with obtaining an employment-based green card in California. For example, for certain family-sponsored green cards, there is a two-year wait from the time the application is filed before the individual can receive their green card. For employment-based green cards, there is a wait for a visa number to become available due to annual limits, and then a wait for the government to process the application. Additionally, certain types of visas require a labor certification process that can add to the wait time.

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

Naturalization can have a positive effect on workers with an employment-based green card in California. Naturalization gives these individuals increased job security, as they are no longer subject to the possibility of deportation. Naturalized citizens also gain access to new job opportunities, such as those requiring U.S. citizenship, as well as to government benefits, such as Social Security and Medicare. Additionally, naturalization provides a path to voting and other civic rights and responsibilities.

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

Yes, there are restrictions on the types of jobs that employees with an employment-based green card in California can accept. They must be employed in the same or a similar occupation to the one for which their green card was approved. Also, the employer must pay them a wage and benefits equivalent to those of other similarly situated U.S. workers at that location. Additionally, they cannot work for an employer who has committed a violation of the Immigration and Nationality Act, including knowingly hiring or continuing to employ a person who is not authorized to work in the United States.

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

The main benefits of obtaining a permanent residency through an employment-based green card in California include the following:

1. The ability to live and work in the United States without restrictions.
2. The right to apply for citizenship after five years of living in the United States as a legal permanent resident.
3. The right to sponsor other family members to live in the United States with you.
4. The right to travel freely outside the United States without fear of being denied re-entry.
5. Access to certain social services such as healthcare, education, and housing assistance.
6. Increased job security because employers cannot fire you without cause.
7. The ability to open a business in the United States and to invest in certain investments without governmental restrictions or fees that may apply to other immigrants.