Employment based green card process involves professional determination of the most suitable visa category and the accurate preparation of the application. We’re ready to render assistance to large number of clients, be it multinational executives, software professionals, scientists, researchers, medical professionals as well as athletes, entertainers.
The employment based green card is organized into preferences, the priority date is the date on which the application for labor certification is submitted or if the certification was not required the date on which the preference petition is submitted.
First Preference
This category does not require that the beneficiary obtain a certification from DOL. This category is for persons of extraordinary ability in sciences, arts, education, business, or athletics. The extraordinary ability is demonstrated by sustained national or international acclaim and by extensive documentation. Such individuals are not required to have a prospective employers, but they must be entering to continue to choose their chosen fields and they must substantially benefit the United States.
Second Preference
This category is for individuals holding advanced degrees, or for persons of extraordinary ability in arts, sciences or business who will substantially benefit the national economy or culture, who are sought by employer in the United States. Applicants may obtain national interest waiver of labor certification requirement that is otherwise required for this category.
Third Preference
This category is for skilled workers, professionals, and other workers, all of which require a labor certification. Skilled workers are persons whose position requires a minimum of two years of training or work experience. Professionals are positions requiring a baccalaureate degree. The other workers require less than two years training to engage in the work.
Fourth Preference
This is for special immigrant visas, which include religious workers, Panama Canal treaty employees, Amerasian Children, certain retired employees of international organizations etc.
Fifth Preference
This preference is for individuals who invests $1 million in a new commercial enterprise that employs 10 full time U.S workers. The beneficiary receives a temporary residency for a two year period after which conditions are removed and he/she is granted a permanent residence. A lesser investment is $500,000 in one of the targeted employment areas. These include rural populations less than 20,000 or location that have experiences unemployment at 150 percent of national average. The investment must be personally connected to the person seeking the status.
BELOW ARE SOME OF THE FREQUENTLY ASKED QUESTIONS RELATED TO EMPLOYMENT BASED GREEN CARDS.
Getting an employment-based green card is a multiple step process; it generally takes several months to years to get it.
For most employment based categories, the sponsoring employee must file a labor certification with the department of labor certifying that no qualified US workers are available or willing to do the job that the alien will perform for them.
The employers generally have to advertise for the specific position, skill requirements, and verification of the prevailing wage for the position and employer’s ability to pay.
Affective Mar 28th, 2005 labor certifications are filed through an electronic system known as PERM.
Once the labor certification is approved the employer must file Form I-140 immigrant Petition for Alien Worker. If the priority dates are current it is possible to concurrently file Form I-485 Adjust of status.
Department of State must give an immigrant visa number to the applicant. It is only given when priority dates are current.
Once the priority date s current, the applicant has two options. If the applicant is already in the USA he/she can apply for the adjustment of status. If the applicant is outside the US he/she can go through consular processing.
These include:
The priority dates are current most of the time in this category.
These include:
Its easy to get the I-140 approved under EB3 as the job requirement is more scrutinized. It is advantageous for people born in oversubscribed countries like India and Chine to apply in EB2 because processing in EB2 takes less time.
These include:
These include:
Aliens who are able to invest $1000,000 and create at least 10 new full time jobs. It is possible in certain situations that an investment of $500,000, if it create 5 new jobs may be acceptable.
Our office would review the job requirements and the employee’s qualifications to determine what category fits best. After determining the category our office will help in all the steps to process and file for the PERM application with the department of labor. Once approved we can help file the I-140 petition, if priority dates are current can also file the I-140 and I-485 concurrent. You’ll be dealing directly with an Attorney not a paralegal who would be guiding you through out the process.
The employment based green card is divided into five categories, some of the categories require labor certifications from the department of labor.