We have received many inquiries from potential clients asking if it is possible to apply for a green card via employment-based immigration while living outside the United States. The short answer is yes.
If you are outside of the U.S, there are two steps to get your employment based green card:
First, you will file an I-140 to qualify yourself under certain immigration category. You will be the only one filing the I-140. When your I-140 is approved and when your priority date is current, you and your dependents can apply at a U.S. Department of State consulate abroad for an immigrant visa in order to come to the United States and be admitted as a permanent resident. This pathway is referred to as “Consular Processing.”
For employment based green card, you can file an I-140 while living anywhere in the world. The location will have no effect on your chance of case approval as long as you satisfy the requirements for the immigration category for which you apply. After your I-140 is approved and your CP is completed, you will be issued an immigrant visa stamp. You must enter the US within 6 months of being issued the immigrant visa stamp. Once you arrive in the US your green card will be mailed to your US address within 1-2 months. However, you can delay CP if you are not ready to move to the United States after I-140 approval, as the I-140 approval notice has no expiration date.
For I-140 categories such as EB-1A (Alien of Extraordinary Ability) and EB-2 NIW (EB-2 National Interest Waiver), a job in the United States is not required. These categories allow self petition, so one can be the petitioner of the case without a U.S. employer to act as the sponsor. However, if you do not have a U.S. job offer, you should submit a detailed personal statement, indicating your plan to work in the same field indicated in your petition. Also, it is suggested that you include documentation showing your efforts to seek jobs in the field you claim to have exceptional achievements.
We have successfully represented many clients from outside the United States to obtain their employment based green card, especially for the self-petitioned categories of EB1-A and EB-2 NIW. In 2013 and 2014 alone, we have received over 1,200 I-140 approvals for categories of EB1-A and EB-2 NIW, with overall approval rate more than 97%.
To see some of our success cases, please see below:
We are a leading U.S. immigration law firm pioneering in large volume of approval cases and high approval rate for I-140 immigration petitions with the most comprehensive services. If you are interested in an employment based green card, please contact us at law@wegreened.com for a free evaluation. Our attorneys will respond to you within 24 business hours.