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

In order to obtain an employment-based green card in Tennessee, applicants must meet the following requirements:

1. Have a valid job offer from an employer within the United States;
2. Possess the necessary qualifications and skills required for the job;
3. Have the ability to legally enter and work in the U.S.;
4. Receive an approved Labor Certification Application from the Department of Labor (DOL);
5. File Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS);
6. If applicable, file Form I-485 Application to Register Permanent Residence or Adjust Status with USCIS; and
7. Receive an approval for a green card from USCIS or a consular officer abroad.

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

To apply for an employment-based green card in Tennessee, an individual must first obtain a Labor Certification from the U.S. Department of Labor. This certification confirms that the individual is qualified to work in the position for which they are being considered and that no U.S. workers are available who can fill the position. Once this certification is obtained, the individual must then file an immigrant petition with the U.S. Citizenship and Immigration Services (USCIS). This petition must include documentation showing that the individual has a qualifying job offer in Tennessee and is qualified to work in that position. After the petition is approved, the individual can then apply for their permanent resident status (green card).

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

Yes, there are restrictions on workers from Tennessee obtaining employment-based green cards. The primary restriction is that the applicant must have a job offer from an employer in the United States that is willing to sponsor them for permanent residence. Additionally, the job offer must fall into one of the visa categories listed in the United States Citizenship and Immigration Services (USCIS) criteria for employment-based green cards and the applicant must meet all other eligibility requirements set by USCIS.

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

The time it takes to receive an employment-based green card in Tennessee can vary depending on a number of factors, including the type of visa you are applying for and the number of applications ahead of yours. Generally, the processing time for an employment-based green card in Tennessee can take anywhere from months to years.

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

Yes. The U.S. Department of State’s Visa Bulletin for December 2019 lists a backlog for employment-based green cards in Tennessee. The priority date for filing an application for a green card in Tennessee is June 1, 2017. The backlog is caused by the high demand for green cards in the state, as well as the limited number of visas available each year.

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

An employer in Tennessee can sponsor a foreign national for an employment-based green card by filing a Form I-140, Petition for an Alien Worker, with U.S. Citizenship and Immigration Services (USCIS). The employer must provide evidence that the foreign national meets the requirements for the job, has the necessary qualifications, and is not taking a job away from a U.S. worker. Additionally, the employer must submit evidence of the company’s ability to pay the wages for the position and provide an opinion letter stating why the foreign national should be granted a green card.

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

Yes. Applicants should be sure to comply with all federal and state laws and regulations, including those related to immigration status, labor rights, and employment eligibility. In addition, in Tennessee, employers must register with the Tennessee Department of Labor and Workforce Development in order to hire foreign nationals. Employers and applicants should both be aware of deadlines for filing petitions with U.S. Citizenship and Immigration Services. Lastly, applicants should be aware of any filing fees that may be associated with their application.

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

Yes, it is possible to become a permanent resident through an employment-based green card in Tennessee. The process generally involves a U.S. employer sponsoring the foreign national for an immigrant visa, which is then processed through the U.S. Department of State and the Department of Homeland Security (DHS). The employer must also demonstrate that they are unable to find a qualified, available U.S. worker to fill the position and provide evidence of the applicant’s qualifications for the role. Depending on the specific circumstances, there may be other requirements that must be met before an individual is able to successfully obtain a green card via employment.

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

The process for renewing an employment-based green card in Tennessee depends on the type of green card you have. In general, the steps are:

1. Submit Form I-90 to U.S. Citizenship and Immigration Services (USCIS) to renew your green card.

2. Obtain a new photograph according to the requirements of USCIS.

3. Pay the applicable filing fee for Form I-90 and any other required fees.

4. Submit your evidence that you are still eligible for the employment-based green card. This could include evidence of continued employment or a new job offer with your current employer or a new employer.

5. Receive a new biometric appointment notice and attend the appointment at your local USCIS office in Tennessee.

6. If your Form I-90 is approved, you will receive your new green card in the mail within the next few weeks.

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

The benefits of having an employment-based green card in Tennessee include:
• Increased job security and stability
• Freedom to travel in and out of the United States with certain limitations
• Ability to apply for U.S. citizenship after five years
• Ability to bring family members to the United States as permanent residents
• Ability to work anywhere in the United States without obtaining additional visas or work permits
• Ability to apply for certain federal benefits such as Social Security or Medicare
• Access to more job opportunities in Tennessee and beyond

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

Yes, an employee in Tennessee with an employment-based green card is able to change jobs. However, they must file an Application to Register Permanent Residence or Adjust Status (Form I-485) to obtain a new green card that reflects their new employer and job.

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

A family member of a worker with an employment-based green card in Tennessee may obtain a visa by filing a Form I-130, Petition for Alien Relative, with the U.S. Citizenship and Immigration Services (USCIS). The Form I-130 must include evidence that a valid family relationship exists between the worker and the family member. Upon approval of the Form I-130, the family member may then apply for an immigrant visa at a U.S. consulate or embassy abroad.

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

Yes, an employee with an employment-based green card in Tennessee can be fired from their job just like any other employee. The employer must provide the employee with valid cause for the termination.

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

Yes, an employee with an employment-based green card in Tennessee can change employers while maintaining their current visa status. This is known as portability and is allowed under the Immigration and Nationality Act. However, to be eligible for portability, the employee must have already been approved for their permanent residence based on their employment. Additionally, the new job must be in the same or a similar occupational classification as the previous job.

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

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

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

Yes, Tennessee has special requirements for employers sponsoring foreign nationals for employment-based green cards. Employers must be registered with the Tennessee Department of Labor, comply with all labor laws, and ensure that any foreign workers they employ are eligible to work in the United States. Employers must also provide a valid visa and complete the Form I-9 Employment Eligibility Verification process. Additionally, employers must meet certain wage requirements and provide written notice to all interested parties of the foreign worker’s employment.

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

Yes. While the wait time can vary depending on the applicant’s country of origin, most employment-based green card applicants must wait at least 3 to 6 months before they are eligible to obtain permanent residency in the United States.

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

In Tennessee, naturalization does not have a direct impact on workers with an employment-based green card. However, naturalization may provide some additional benefits like the ability to vote in federal elections, access to certain federal jobs, and the ability to obtain a U.S. passport. Additionally, naturalization may open up additional job opportunities in certain fields that require specific security clearances that are only available to U.S. citizens.

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

Yes, employees with an employment-based green card in Tennessee must adhere to the restrictions of their specific job category. For example, those with an EB-1 will need to remain employed in a managerial or executive capacity, while those with an EB-2 must continue to work in a professional capacity. Additionally, green card holders may only accept work from their sponsoring employer or an approved affiliate of that company.

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

Benefits of permanent residency through an employment-based green card in Tennessee include:

• The right to live and work in the United States permanently.
• Access to social benefits, including the ability to receive Social Security benefits, Medicare, and other federal benefits;
• Ability to petition for family members to join you in the U.S.;
• Possibility of sponsoring family members for a green card;
• Ability to travel in and out of the U.S. without a visa;
• Right to apply for U.S. citizenship after five years of residency; and
• Potential access to certain Tennessee state benefits, such as college tuition assistance.