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Immigration Services
Employment Based Green Card
The Immigration and Nationality Act reserves 140,000 Immigrant Visas for Foreign workers with certain skills, education and experience and their family members including spouse and dependent children. Employment Based Green Card is one of the most popular ways to get Lawful Permanent Resident Status for alien workers who come to the United States under different non-immigrant visas like H1B, L1A, L1B, etc. to work for US based employers.
US based employers can sponsor a Green Card for eligible employees. The visas have been divided into five different categories depending upon the education, experience and skill set of the intending immigrant.
Category 1/ EB1: 28.6 % of immigrant visas available every year are reserved for EB1 or Priority workers. There are three sub-groups under this Preference category:
Aliens with extraordinary ability in arts, science, education, athletics or business
Outstanding professors and researchers
Certain multinational managers and executives
Category 2/ EB2: 28.6% of the yearly worldwide limit of Green cards is reserved for Professionals Holding Advanced Degrees. The applicants applying for Green Card under this category need a sponsoring employer and go through the PERM process, as directed by the Department of Labor.
Category 3/ EB3: 28.6% of the yearly worldwide limit of Green cards is reserved for Professionals Holding Baccalaureate Degrees or Skilled Workers. The applicants applying for Green Card under this category need a sponsoring employer and go through the PERM process, as directed by the Department of Labor.
Category 4/ EB4: 7.1% of the yearly worldwide limit of Green Cards is reserved for Special immigrants. This category usually comprises overseas employees of the United States government.
Category 5/ EB5: 7.1% of the yearly worldwide limit of Green Cards is reserved forEmployment Creation Investors. To be eligible for this Visa category, the alien must invest between $500,000 to $1,000,000, in the United States, in certain eligible projects. The project should be able to create at least 10 permanent full time jobs for US Workers. This is a very complicated process. Contact an EB5 attorney in Dallas today to discuss your options.
Step 1
File a Prevailing Wage Determination request: The employer files a Prevailing Wage Determination from the Department of Labor to know how much money is typically paid to people with your skills, in your profession, at your location.
Step 2
Recruitment Process: This process is to make sure that there is no other eligible US worker for the job offered to you. There is a set of guidelines that regulate the recruitment activities undertaken as a part of this process. The process is complicated and should be done in consultation with a skilled Employment Based Attorney.
Step 3
File a PERM: Once the recruitment process is complete, the attorney would file a PERM application with the Department of Labor. This process takes around 3-6 months, which can be extended to a year, if your PERM is randomly selected by DOL for Audit)
Step 4
File an Immigrant Petition for Alien Worker or I 140: Once the entire process has been successfully completed and a certified copy of PERM has been received by the Attorney office, the employer files an I 140 petition with the USCIS. This usually takes around 4-6 months but you can expedite it by requesting a Premium Processing Request.
Step 5
File a Green Card: The last and the final step is to file for a Green Card. If you have a valid visa status and are inside the United States, you can file Adjustment of Status. If you are outside the United States, you can file for a Green card via consular processing.
It is essentially important to consult a skilled employment-based immigration attorney, who exactly knows the most appropriate Green Card Category for you. Any error in candidate profile assessment including education and experience, can lead to a denial of this complicated process leading to wastage of time as well as money. Attorney Chandani Rijal is a highly skilled attorney who takes each case as an individual. She spends time understanding your profile and does a thorough assessment and guides you throughout the recruitment and PERM process. If you are looking for an employment based green card attorney in Dallas, contact Rijal Law Firm today.
Category 1/ EB1: 28.6 % of immigrant visas available every year are reserved for EB1 or Priority workers. There are three sub-groups under this Preference category:
Aliens with extraordinary ability in arts, science, education, athletics or business
Outstanding professors and researchers
Certain multinational managers and executives
Category 2/ EB2: 28.6% of the yearly worldwide limit of Green cards is reserved for Professionals Holding Advanced Degrees. The applicants applying for Green Card under this category need a sponsoring employer and go through the PERM process, as directed by the Department of Labor.
Category 3/ EB3: 28.6% of the yearly worldwide limit of Green cards is reserved for Professionals Holding Baccalaureate Degrees or Skilled Workers. The applicants applying for Green Card under this category need a sponsoring employer and go through the PERM process, as directed by the Department of Labor.
Category 4/ EB4: 7.1% of the yearly worldwide limit of Green Cards is reserved for Special immigrants. This category usually comprises overseas employees of the United States government.
Category 5/ EB5: 7.1% of the yearly worldwide limit of Green Cards is reserved forEmployment Creation Investors. To be eligible for this Visa category, the alien must invest between $500,000 to $1,000,000, in the United States, in certain eligible projects. The project should be able to create at least 10 permanent full time jobs for US Workers. This is a very complicated process. Contact an EB5 attorney in Dallas today to discuss your options.
Employment Based Green Card Process
Employment Based Green Card is a long and complicated process and takes about 12-18 months for most non-immigrant workers while for some others this may take several decades. USCIS and the Department of Labor closely monitor the entire Employment Based Green card process and make sure that the sponsoring petitioner has not overlooked the interests of American Workers while bringing an alien worker to the United States.Step 1
File a Prevailing Wage Determination request: The employer files a Prevailing Wage Determination from the Department of Labor to know how much money is typically paid to people with your skills, in your profession, at your location.
Step 2
Recruitment Process: This process is to make sure that there is no other eligible US worker for the job offered to you. There is a set of guidelines that regulate the recruitment activities undertaken as a part of this process. The process is complicated and should be done in consultation with a skilled Employment Based Attorney.
Step 3
File a PERM: Once the recruitment process is complete, the attorney would file a PERM application with the Department of Labor. This process takes around 3-6 months, which can be extended to a year, if your PERM is randomly selected by DOL for Audit)
Step 4
File an Immigrant Petition for Alien Worker or I 140: Once the entire process has been successfully completed and a certified copy of PERM has been received by the Attorney office, the employer files an I 140 petition with the USCIS. This usually takes around 4-6 months but you can expedite it by requesting a Premium Processing Request.
Step 5
File a Green Card: The last and the final step is to file for a Green Card. If you have a valid visa status and are inside the United States, you can file Adjustment of Status. If you are outside the United States, you can file for a Green card via consular processing.
It is essentially important to consult a skilled employment-based immigration attorney, who exactly knows the most appropriate Green Card Category for you. Any error in candidate profile assessment including education and experience, can lead to a denial of this complicated process leading to wastage of time as well as money. Attorney Chandani Rijal is a highly skilled attorney who takes each case as an individual. She spends time understanding your profile and does a thorough assessment and guides you throughout the recruitment and PERM process. If you are looking for an employment based green card attorney in Dallas, contact Rijal Law Firm today.
