GreenCard Process 2015-2016
EB2 Green Card Requirements
To qualify for an EB2 Green Card, the applicant must have an advanced degree or exceptional ability in their profession. Applicants must have a permanent job offer from a US employer who will act as the applicant’s sponsor.
An advanced degree is considered at least a Master’s degree or, in some professions, a Bachelor’s degree plus a minimum of five (5) years’ work experience
Timeline : Takes approximately, 4 to 6 years for Indians due to backlog.
EB3 Green Card Requirements
- To qualify for an EB3 Green Card, the applicant must have a Bachelors Degree (4 years) (or, if the majors are the same, a three year followed by a two year masters). Applicants must have a permanent job offer from a US employer who will act as the applicant’s sponsor
- Timeline : Takes approximately 15 years for Indians due to backlog
Stage A :
Labor Certification :PWD Request- step 1
- A “prevailing wage request” to the U.S. Department of Labor (DOL) is made.
- The PWD is an important aspect of the PERM process, because immigration law requires that employers pay foreign workers at least the prevailing wage for the worker’s position.
- Timeline : The PWR/PWD process takes less than 60 days.
Labor Certification Step Two: Placing Ads and Recruiting
- An advertisement with the state workforce agency in the state of intended employment is displayed.
The PERM recruiting process takes a minimum of 60 days overall.
Program Electronic Review Management (PERM) Processing
- PERM is the system used for obtaining labor certification and is the first step for certain foreign nationals in obtaining an employment-based immigrant visa . The employment-based preference categories that require PERM labor certification are EB-2 and EB-3.
- After the labor certification is approved by the DOL, an Immigrant Petition related to the labor certification should be filed with the USCIS before the expiration of the labor certification. The certification has a validity period of 180-days and expires if not submitted to USCIS within this period.
- Timeline – The PERM processing as presently taking approx eight months if no Audit .
Labor Certification Step Three: Filing ETA Form 9089
- After the advertisements are complete, The PERM application with the DOL using ETA Form 9089, this process is the same as the PWD request.
Stage 2 : Completing the I-140 Form
- The I-140 form is is filled and submitted to the USCIS. Once the i-140 is approved, you are no longer subject to the six year limit on H1B stay.
- Timeline – “Normal” I-140 processing takes four to six months. Premium processing takes 15 days
Stage 3 : Adjustment of Status
- When the applicant’s priority date becomes current, he or she (and their spouse and children) may apply for adjustment of status, unrestricting employment authorization, and travel authorization. Until then, even with an approved I-140, it is not possible to get an EAD.
- Priority Date Timeline : visa bulletin will provide this details every month
- Upon Completing the adjustment of Status you would receive your green card between 3 and 6 months.