Hi, this is Wayne again with a topic “US Immigration News : Employment Based Green Card & I-485 Processing Timeline | USCIS”, Hello, everyone welcome back to our website U.S immigration news we hope you’re doing great well in this episode, we’ll discuss employment-based green card and by 485 processing times in brief, so to get all the information, pay attention and watch the video through to the end, please hit Like And subscribe, and don’t forget to push the like button for upcoming episodes so without any further delay, let’s jump into the video [ Applause, ] foreign card based on the job may be a challenging but worthwhile procedure. There are several benefits to utilizing your work. To get lawful permanent resident status in the United States and there are numerous ways to do it. One such method is the use of an I-485 form for a status modification. According to the immigration and nationality act, a beneficiary may only change their status from a non-immigrant visa to an immigrant Visa, often known as a green card.
If they satisfy all conditions for permanent residents, you can estimate your timing for getting a green card by knowing what qualifications someone must meet. Let us begin with the benefits of employment-based adjustment of status. If you are in the employment-based adjustment of status phase, there are several advantages. This, in particular, is the Last Action before you get your green card.
When your application for adjustment of status is accepted, you often don’t need to schedule an interview, as you would for other kinds of immigration, such as family-based immigration. The next benefit is simultaneously apply for advanced parole. An employment-based adjustment of status’s second Advantage is the availability of advanced parole applications that may be submitted at the same time. Essentially, Advanced parole enables you to return to the United States after leaving the country without a visa, either immigrant or non-immigrant additionally regards against the perception that your open OS application has been abandoned.
This is especially helpful because certain employment-based Green Card timetables include a lengthy intermediate waiting period that might last many years. The third is to apply for an employment authorization document. A status adjustment based on employment also gives you the option to apply for an EOD.
This document enables you to temporarily work lawfully in the United States. Typically for a year, you must submit an i-765 for a work permit to accomplish this. The USCIS typically takes up to 90 days to decide on employment, authorization applications and the next is changing employers.
After filing you can switch employment six months after the adjustment of status has been submitted. If your I-485 petition is sponsored by an employer such as certain eb1, gab, 2 or eb3 green cards, if your eb2 was submitted under a national interest waiver is the loan exemption. Now, let us discuss green card processing time program for electronic review management. The perm consists of several phases, Each of which might take a different length of time to complete a minimum of 30 days must pass after the first round of hiring. Your company will then need to wait an extra 30 days before allowing a sufficient quantity of applicants. Then, to make sure that you are not replacing any American workers, your firm must interview competent individuals.
If everything goes according to plan – and there are no competent contenders for your post, it might take as little as six months to process your perm after that two significant roadblocks might slow this process down. The Department of Labor audit is the first targeted and random audits are the two types of audits. Although you cannot prevent targeted audits, your employer may be able to do so by adhering to the necessary regulations and conducting business as usual, your company will be required to provide the Doo with all records and receipts about the hiring procedure during an audit. The processing time may increase by up to nine months as a result.
The second difficulty is the controlled hiring process. Your employer can be subject to monitored hiring if they have a history of getting targeted audits or trying to get around the system. If so, your company will have to complete the hiring procedure with a dll certifying officer present at each stage avoid trying to manipulate the perm procedure to avoid supervised, recruiting. Your application may take up to 18 months longer to process if it is audited.
Now, moving on employment-based Green Card timeline, depending on the category you qualify for, there are several timelines for employment-based green cards. However, in general, the following actions must be taken. If you are attempting to get an employment-based green card have a U.S employer, you will require a us-based company to sponsor your petition unless you are eligible for the ebuana green card or the eb2 niw, which allows you to self-petition, either request a green card sponsorship from Your current job or look for another employer who will additionally keep in mind that not all jobs are eligible for a green card before starting the application procedure, you might also need to change jobs. If you currently have a non-immigrant work visa, you may get the finest advice on this from your immigration lawyer.
Then a process for perm labor certification is to be completed typically six to nine months. The next stage is to finish the program for electronic review management. Labor certification, after you have a qualifying work offer and a company willing to sponsor your green card. Your business must prove during this procedure that you are not displacing an American worker who is qualified for the Post.
A perm labor certification must be obtained by your employer. On your behalf, this entails a hiring procedure to make sure that no competent U.S workers are being replaced for the eb-1 green card or the eb2 with a national interest waiver. However, a perm is not necessary. Getting the perm might take anything from six months to a year and a half depending on whether or not your firm is audited.
The breakdown of perm labor processing time frames is as follows: one prevailing wage request, two weeks: two recruitment process, eight to nine weeks, 380 and 9089 application 24 weeks now completely a 140 immigrant petition for alien worker. Your company will then file in a 140 petition on your behalf. After completing the perm labor certification procedure, the i-140 is used to prove that you fulfill all the requirements listed on the perm application for the work and to confirm that your company has the resources to pay. You, the going rate for the Post, whether your company uses normal processing or premium processing, will affect how quickly you receive your i-140.. The i-140 takes an average of six to nine months to process under normal circumstances. However, premium processing will finish in just 15 calendar days. The good news is that a lot of American firms favor premium processing, which will cut down on processing time in general your priority date is the day the USCIS receives the petition, wait until your priority date coincides with the Department of Homeland Security’s final action dates. The preference level you are eligible for in the nation you are a citizen – will determine how long it will take you to receive an employment-based green card at this point, while certain preference levels have no waiting period, others have a several year waiting period now file. The of 485 adjustment of status petition: you can submit an I-485 form to request an adjustment of status once your priority date is current. Although the I-485 is the final step in the employment-based Green Card process, it frequently has the longest waiting period. There is an annual cap on the number of green cards that may be issued to each Nation, even though the actual processing of the application often takes six months.
You may see the table on the screen for accurate details which are provided by the Department of Homeland Security, so take a screenshot and go through it. Applications from nations with fewer people applying for green cards often have to wait significantly less time than those from nations. With many applicants this causes the 485 waiting period to be lengthy up to several years. The workload at the service center in charge of your case is another aspect that could have been impact on the timetable. Then get your employment-based green card.
You will successfully modify your status after the USCIS issues. You an employment-based Green Card following the approval of your I-485. The waiting period for a complete employment-based Green Card might be anything from 10 months in the best cases to many years.
In the worst cases, you can have a better understanding of what to expect from your immigration attorney now we’ll talk about the employment-based Green Card types and processes. The three categories below are the most common of the five main types of employment-based immigration visas. The time frame will be determined by the particular criteria for the category you are applying for these three groups are as follows: first, eb1 green card for those with extraordinary achievements. The eb-1 category, also known as the priority employment-based immigrant Visa, is for international professionals, who have achieved exceptionally well in their disciplines, as well as for excellent researchers and lecturers, because it has standards that are difficult to meet this employment-based Green Card application is arguably the most Coveted few candidates are eligible for it as a result, however, depending on your place of origin and whether you can achieve these standards, the eb-1 occasionally has the fastest processing periods out of all U.S employment-based green cards. The b1a can be self-sponsored without the necessity for a us-based company and does not need perm labor processing. Second eb2 for those with exceptional ability or Advanced degrees, candidates with Advanced degrees or remarkable skills in science, business or the Arts are eligible for the eb2. That can priority employment-based green card.
Additionally, it provides a national interest waiver option that enables qualified candidates to get around the perm labor certification criteria if they can demonstrate that doing so is in the interests of the country as a whole. Whether you choose the national interest waiver or the normally B2 – will affect how quickly your application is processed. Keep in mind that if you are qualified for the niw, you will not be eligible for premium processing, which will probably result in a lengthier wait period. And third is eb3 green card for skilled workers, professionals or other workers compared to the previous two categories. The eb3 green card is open to a wider variety of candidates and has fewer onerous restrictions. You must prove that you have at least two years of work, experience or training in the position.
You are looking for to be considered a skilled worker, a U.S bachelor’s degree or the equivalent foreign degree in the field you work in is required to be considered a professional other employees are often unskilled individuals who can prove they have what it takes to do. An unskilled job that isn’t seasonal or transient an eb3 candidate will probably need more time to complete their application than applicants for other categories where the per can be waived, since they must have a job offer from a U.S business and meet the requirements of the perm Labor certification, moving on to employment-based Green Card timeline requirements, the following paperwork is typically required as part of the modification of status requirements. One I-485 application to adjust status to a 693 medical report in vaccinations. A copy of a 797 shows that the i-140 has been received and approved by USCIS.
Is your priority date current? If so, if you can file both the I-485 and i-140 at the same time, copy of approved labor certificate employment letter from the employer confirming that the position or job is still available. This letter should be on official employer letterhead and also include details about the salary copies of recent pay stubs copy of approved at 140. If not filed concurrently, note that it’s important to contact a knowledgeable employment, immigration attorney, because some circumstances necessitate the filing of additional documents. Now let us discuss the cost.
There are a few fees associated with changing your status. In addition to the potentially high cost of getting a non-immigrant Visa, I want 140 filing seven hundred dollars I-485 filing fee. This fee varies depending on how old you are and whether or not a biometric service charge is applied for a full table detailing the costs of the I-485. You can visit the USCIS website premium processing fee point to five hundred dollars. Thankfully, there are no costs necessary to get a perm labor certification from the Department of Labor. However, there can be expenses related to recruiting and promotional campaigns coming on Green Card interview for employment-based adjustment of status.
There are circumstances in which you could be sent in interview notice, even though the adjustment of status interview is often waived for employment-based applications. If so, you must arrive in business clothing and with the required documentation. These original documents include passports. Eid cards both valid in expired interview, letters, wage stubs, tax, returns, transfer, notices, travel authorizations, Advance, parole, Etc. Be advised that you must present the relevant documentation to the interview if any employment related conditions have changed from the time of filing. So do you need to maintain your non-immigrant status? The total process of status modification has a few drawbacks.
The possibility of inconsistent processing times is a serious nugget of the possibility of having your i-140 rejected is still another drawback. Many advise AOS candidates to keep their non-immigrant status until the O 140 is granted. Because of this now let us move on to premium processing by paying an additional twenty five hundred dollars for premium processing. Petitioners who are utilizing the i-140 petition for specific visas can shorn the usual average processing time for these petitions from six months to only 15 days in i-907.
Request for premium processing must be submitted in this case now what to do, while the USCIS processes, your employment-based green card application, you must adhere to the following guidelines: to avoid missing critical information. While the USCIS is processing your green card application update your address, you must notify the USCIS of any address changes if you relocate after completing your application. If you don’t do this, you could not receive critical notifications regarding your application check your case’s status and travel precautions. You must submit an i-131 also known as an application for travel Document if you need to leave the country while your employment-based green card application is still being processed without your application can be deemed abandoned and you might lose your chance.
That is all for today. In this article, what are your thoughts on this? Please? Let us know in the comments section below thanks for watching the entire video. Hopefully the information is useful to you see you later in the next episode till then take care. .