Employment/Business

  • BRIEF OVERVIEW OF EMPLOYMENT BASED GREEN CARD PROCESS.

With exception of the EB-2 cases which qualify for the National Interest Waiver, the green card process for persons holding an advanced degree (EB-2) or skilled workers and those possessing a bachelors Degree (EB-3), is a three step process.
Sometimes, if the priority date is current, the last two steps of the process can be filed concurrently. This concurrent filing is more common in EB-2 cases than EB-3 because EB-3 cases are backlogged much more than the EB-2 cases.
Below is the quick overview of the process and the requirements at each step:

  • Filing ETA9089 under PERM:

A detailed overview of the PERM process is given separately on the website. Briefly, labor certification/ETA 9089 is now filed under PERM process. The new system is very different from the old process in many ways.  This step is initiated with Department of Labor (DOL). To simplify the concept, this is a step where employer seeks certification from DOL to hire a foreign worker on permanent basis. The employer proves to DOL that it has tested the local market and could not find a US citizen who would qualify for the job. Hence the employer seeks certification from DOL so that the employer can file an immigrant worker petition with USCIS. There is no filing fee involved at this stage, however the employer will need to pay the cost of running the ads in connection with recruitment process. Please see the detailed overview of the PERM process.

  • Filing Petition for Immigrant Worker (Form I-140): 

Once the Labor certification/ETA9089 is certified by DOL, it remains valid only for 180 days. The Employer is required to file the immigrant Worker petition Form I-140 with USCIS within these 180 days. Please note for EB-2 workers this step and the next step of green card application can be filed concurrently as long as the priority date is current. The approval of the immigrant worker petition will mainly depend upon two main factors which need to be established. These are:

a)   That the Alien/Foreign worker possess all the qualifications required by the employer and as set forth in ETA 9089; and

b)   That the employer maintains the financial ability to hire the foreign worker on the proffered wage as mentioned in the ETA 9089. The employer can prove his financial ability through documents like, business tax returns, financial statements, profit and loss statements etc. It is important that the employer company's net income is at least equal to or more than the wage offered to the foreign worker.
If both the above factors are established via documentary evidence the petition will have bright chances of approval.

If both the above factors are established via documentary evidence the petition will have bright chances of approval.

Once the I-140 is approved, the green card application can be filed but ONLY when the priority date in the visa bulletin for that type of case becomes current. Please note if the EB-2 category is current in visa bulletin the green card application can be filed together with second step above. If, however, the priority date is not current, which is generally the case in EB-3 cases and sometimes EB-2 cases (especially for India and China), the foreign worker will have to wait and continue to maintain his valid non immigrant legal status if he is in US. At this stage the foreign worker can file not only his/her own green card application but also the application for his/her spouse and children under 21. For additional questions and information please email info@greencardus.net or call (813)597-8088>

Filing Adjustment of Status/Green Card: