Green Card Processes and Procedures
by Admin
Posted on 01-01-2024 11:33 AM
Before a foreign national can apply for an
eb-2
(a) visa and green card, in most cases the u. S. Employer offering the job must seek labor certification. (the exception is for those persons who qualify for a " national interest waiver " of the labor certification requirement—see the discussion below. )labor certification is confirmation from the u.
S. Department of labor (dol) that the employer has gone through an adequate recruiting process and rightly determined that no qualified u. S. Workers are willing and available to take the job—thus necessitating that the employer turn to foreign sources of labor.
Since there are only a certain number of green cards available per category and per country, obtaining a green card through the eb-2 visa is often the longest part of this process. Depending on the country from which you are applying, there can be a wait of over 10 years, however, once uscis processes and approves you i-485 you will obtain permanent residence in the united states.
Green Card Eligibility Categories
Due to the significantly shorter processing times than other categories, the eb-2 classification is highly sought after by talented immigrants. In comparison to the eb-3 immigrant category, which can take over three years (or more if the beneficiary is from the philippines or india), the eb-2 category is current for processing and the green card can typically be obtained in less than a year (applicants from india and china will take longer under current processing estimates).
There are three types of eb-2 immigration categories potential applicants should be aware of. While advanced degree and exceptional ability cases require a labor certification from the department of labor and a job offer from a u.
Each year, the u. S. Allocates a fixed number of green cards to foreign workers who are needed to fill vacant positions in the job market. These are called employment-based visas, and they allow immigrants to become permanent residents in the u. S. On the premise that they work and/or provide benefit to the nation as a whole. While a first preference visa (eb-1) covers priority workers, a second preference employment-based visa (eb-2) applies to individuals who have been categorized based on their knowledge, background, and skills. There are three subcategories of the eb-2 green card that applicants may fall under: advanced degree (a), exceptional ability (b), and national interest waiver (c).
The wait time for form i-140 currently averages 4 months, according to uscis historic processing times data. If you opt for premium processing, the i-140 can be processed in 15 days. Once the i-140 is approved, the applicant must wait for a visa to become available. Wait times will vary depending on the country of origin. Once a visa is available, the applicant can apply for their green card. If the applicant is already in the u. S. , the average processing time for form i-485 for employment visa applications is september , 2023 months. If the applicant is applying from outside the u.
In this section, we’ll go over the processing times for an eb-2 niw visa. For form i-140, the processing time can take anywhere from 10. 5 to 26. 5 months, depending on where the applicant is filing from. After the applicant receives a notice of approval, they will then need to check the u. S. Department of state’s visa bulletin to see whether a green card is available. For more information, check out the boundless guide on how to read the visa bulletin. Once a visa becomes available, the applicant may start the green card application process. If applying from within the united states, they will need to submit form i-485.