Step by Step Guideline For Employment based Green Card Processing
Employment based Green Card Processing Step by Step Guideline .A green US card enables immigrants to obtain permanent residency in the U.S., either through a sponsorship dependent on family or employment.
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How long does a green card take?
The waiting period for the Green Card depends on the category of Green Card that you apply for, the position of the processing office, and other variables.
- The issuance of Family Preference Green Cards requires 1 to 10 years, based on the approval period and annual limits.
- Employment Dependent Green Card approvals may range from 1 year for low-demand visas to 4 to 6 years for extremely high-demand visas.
Given below the types of employment-based green card:
Note that the company may only facilitate and push the job-based green card process steps, meaning you cannot sponsor it yourself. There are other options to obtain a green card, like a green card draw, which you possibly already learn. Throughout this post, though, we concentrate on types and procedures of employ-based green cards.
“EB” means “employment-based” and each number after “EB” shows the choice for each category:
- EB-1 is the first choice
- EB-2 is the second choice
- EB-3 is the third choice
Now discuss below the employment-based green card Process step:
These are the three main step of obtaining a green card dependent on work in the USA:
- Step 1: PERM/Labor certification.
- Step 2: I-140 immigration petition.
- Step 3: I-485 Application to adjust status.
The method of getting the green card is in three key steps that are discussed below:
Step 1: PERM/Labor certification:
- PERM/Labor certification the first stage in the green card method for EB2 and EB3.
- PERM stands for Electronic Evaluation Control System.
PERM stands for “Electronic Evaluation Management System” which is the mechanism where the boss demonstrates evidence that you (a foreign worker) are not taking away qualified U.S. employees from employment. This phase in the green card may be achieved by providing proof, such as newspaper advertising, that the employer has failed to hire a suitable U.S. worker for the job.
See below for a more detailed look at the time of processing the PERM:
PERM Processing step 1: Prevailing pay request
In this stage, your employer must make a prevailing wage request to decide your pay/salary based on the position of your work and the current market position.
Depending on the number of requests processing times for this stage will vary from a few weeks to a few months.
PERM Processing step 2: Recruitment
Your employer would need to go through a detailed recruiting system during this stage. The company must publish several work openings and ads and may interview all U.S. candidate employees.
This stage of the cycle must run for at least 60 days (30 days to complete the work posting and 30 additional days for applicants to answer). As you allow for interviewing and future follow-up interviews, this stage would usually run over the initial 60 days.
PERM Processing step 3: Application
Your employer will fill in and submit an ETA-9089 form to complete the PERM process.
While the employer applies electronically, a judgment should usually be submitted within 6 months if the application is not audited, allowing this the decision as fast as possible.
As part of the process, the Labor Department must give the contractor a follow-up questionnaire after the application has been sent. If this questionnaire is not done within a week, the DOL must attempt a check of the telephone call. The DOL must make three attempts at a phone call, and each failed call only slows the operation.
PERM Breakdown processing time:
Therefore, if your employer performs all the tasks relevant to PERM on time, the timeline can look like this:
- Prevailing Pay Request: 2 Weeks to process
- Recruitment duration (60 days): 8.5 Weeks
- Proposal: 24 weeks (6 months)
In this ideal scenario the entire PERM processing can be done in just over 34 weeks or nearly 9 months. Nonetheless, bear in mind that this is the optimal case, and several variables can prolong the cycle length.
Step 2: I-140 immigration petition:
The Petition I-140 has two purposes,
Checks that the applicant for a green card meets the work criteria on the PERM application.
Checks that the employer will pay the employee the salaries provided.
It is necessary to remember that filing a petition I-140 requires a normal processing fee of $700, or a premium processing fee of $1,225.
The processing time USCIS for an I-140 petition depends on whether the employer has chosen standard or premium treatment. Standard processing can take 6 to 9 months, whereas premium processing takes only up to 15 days. Fortunately for this point, most employers opt for premium processing.
Step 3: I-485 Application to adjust status:
Once USCIS has approved the PERM / Labor Certificate and your I-140 petition, the last move is to complete the actual green card submission!
Sadly, this process is often the longest for applicants because there are only a limited number of green cards available per category and region. Current applicants have waited for their 1-485 application to be approved by USCIS for over 10 years.
However, once you’ve reviewed and accepted your I-485 submission, you’re done! You’ll get a stamp on your passport and the long-awaited card that will grant you permanent residency in the US.
A visa number for green cards is available on the based:
- Country of birth: applicants
- Classification dependent on job
- The applicant’s Priority Date
The priority date is the date the DOL (EB2 and EB3) was filed with the PERM / Labor Certification Application.
For EB1, the Priority Date is the date I-140 filed with USCIS.
Long waiting times are due to not having Green Card Visa numbers available.
A certain number of Green Card applications are made available per group per country each year.
The Visa Bulletin is issued each month by the State Department, with available visa numbers based on the priority dates. The Visa Bulletin also includes Final Dates of Operation and Filing Dates.
Current Filing Dates
You could file for EAD and Travel Permit (Advanced Parole) when submitting the I-485 application.
Note: The Visa Bulletin dates will travel backward (the so-called Retrogression). For e.g., in October 2016, EB2 India’s Visa Bulletin was in May 2005, and after seven months, dates shifted from 2005 to 2008.