Filing for a green card in the United States can be done through different categories, and two of the most common pathways are family-based and employment-based green card applications.
Here are the key differences between these two categories:
1. Eligibility Criteria:
a. Family-Based Green Card: – This category is for individuals who have close family members who are U.S. citizens or permanent residents.
– Eligible family relationships include spouses, parents, children, and siblings, with different preferences and waiting times based on the specific relationship. – The U.S. citizen or permanent resident family member typically serves as the petitioner.
b. Employment-Based Green Card: – This category is for individuals who have a valid job offer in the United States from a U.S. employer.
– The job offer must typically fall into one of the employment-based preference categories, which range from priority workers with extraordinary abilities to skilled workers and professionals.
2. Priority and Waiting Times:
a. Family-Based Green Card: – Priority for family-based green cards is given to immediate relatives of U.S. citizens, this category generally has shorter waiting times. – Other family preference categories may have longer waiting times, especially for siblings.
b. Employment-Based Green Card: – Employment-based green cards have specific preference categories, and the waiting times can vary depending on the category and the individual’s country of origin. – Some employment-based categories, such as EB-1 for individuals with extraordinary abilities, may have shorter waiting times, while others, such as EB-3 for skilled workers, can have longer backlogs.
3. Petitioner and Sponsorship:
a. Family-Based Green Card: – A U.S. citizen or permanent resident family member serves as the petitioner and sponsors the beneficiary.
b. Employment-Based Green Card: – The U.S. employer offering the job serves as the petitioner and sponsors the beneficiary.
4. Job Requirement:
a. Family-Based Green Card: – There is no specific job requirement in family-based green card applications; the focus is on the family relationship.
b. Employment-Based Green Card: – The beneficiary must have a valid job offer from a U.S. employer in a specific job category and meet the required qualifications for that position.
5. Labor Certification:
a. Family-Based Green Card: – No labor certification process is required for family-based green card applications. b. Employment-Based Green Card: – In most employment-based categories, the U.S. employer must obtain a labor certification from the U.S. Department of Labor to demonstrate the unavailability of qualified U.S. workers for the position.
6. Numerical Limits:
a. Family-Based Green Card: – Numerical limits apply to the family preference categories, and the availability of visas is subject to annual quotas.
b. Employment-Based Green Card: – Numerical limits also apply to employment-based preference categories, and the availability of visas varies by category and country of chargeability.
In summary, the primary difference between family-based and employment-based green card applications is the basis of eligibility: family relationships for the former and employment offers for the latter. The process, waiting times, and requirements can significantly differ between these two pathways.
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