#Greencard, #Eb2, #Eb3, #San Diego
How to get a Green Card through an employer (EB2/EB3)
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00:04 The first step in the process of getting a green card through an employer is actually have the employer commit to giving you that job.
00:18 The first step in the process is going to be, we called his perm, PERM Labor Certification, the Labor Certification. And the Labor Certification process involves essentially an employer filing a petition with the Labor Department and several other things with the Labor Department proving that there are no U.S. citizen workers that are qualified to do this job.
1:18 The reason is because not only that employer has to sign the forms, be involved in all the recruitment process and everything else that we're going to describe, but also they have to be paying most of the fees that are involved in the process, including the lawyer fees
2:31 Once we have a certified labor certification, after we went through all the hoops of advertising and doing whatever is required, the employer with that certified labor certification, they can go ahead and proceed to filing the immigrant petition.
3:25 Employer will provide financial documents, pay stubs, tax returns and if all those are met then the I140 will be approved.
4:24 Typically when you do file the I140 or the 45 immigration may request more evidence and if that's the case you have to respond and hopefully the case will be approved, but that's in general the process to file a green card through an employer.
5:16 If the applicant is married, typically we advise to file the application for the spouse at the same time where when you file your own adjustment of status application, because if the green card is already approved for that employee and they are married and they failed to file for their spouse, they'll have to file for their spouse separately.
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It typically takes at least a couple of years for a foreign worker to obtain a green card. However, as highlighted below, in most cases the foreign worker does not have to wait for the green card before reporting for duty. Immigration law provides many temporary work visas that foreign workers may use during the wait for the green card.
The usual green card process involves three steps:
Successful completion of the permanent labor certification on behalf of the foreign worker (referred to as the PERM process). This can take anywhere from six months to several years to complete.
Obtaining approval of the I-140 visa petition on behalf of the foreign worker. This step takes an average of approximately four months to complete, but an expediting procedure is available that reduces this to 15 business days.
Obtaining the foreign worker’s green card through approval of the I-485 application (assuming the worker is already in the U.S. on a temporary visa; if not, he or she would be applying through a U.S. consulate, using different forms). This step takes an average of approximately six months as well, and unfortunately there is no expediting process available.
21 окт 2024
