1. What is the current Employment-Based Green Card Priority Date?

As of May 2021, the Employment-Based Green Card Priority Date is March 15, 2020 for most countries.

2. What is the process for obtaining an Employment-Based Green Card?

The process for obtaining an Employment-Based Green Card is as follows:

1. An employer must file a labor certification (Form ETA 9089) with the U.S. Department of Labor attesting to the fact that there are no U.S. workers available to fill the position and that hiring the foreign national will not adversely affect the wages or working conditions of similarly situated U.S. workers.

2. Upon approval of the labor certification, the employer must then file an immigrant visa petition (Form I-140) with U.S. Citizenship and Immigration Services (USCIS).

3. If the visa petition is approved, the foreign national must then apply for an immigrant visa with the U.S. Department of State or adjust status with USCIS if already in the U.S., after which a green card will be issued.

3. What are the steps involved in Employment-Based Green Card Processing?

1. Labor Certification (Form ETA 9089): The employer must first obtain a labor certification from the Department of Labor (DOL). This is to demonstrate that the position being offered to the foreign worker cannot be filled by a qualified U.S. worker.

2. Job Offer: The employer must also make a formal job offer to the foreign national for the position that was certified by the DOL.

3. Form I-140 Petition: The employer must then file Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS). This is to confirm that the employer has the ability to pay the foreign national’s wages and that they have a legitimate job offer.

4. Adjustment of Status or Consular Processing: The foreign national must then apply for permanent residency either through adjustment of status if they are already in the U.S., or consular processing if they are outside of the U.S.. During this time, the individual will be required to undergo a medical examination, provide evidence of financial support and complete a visa application form (DS-260).

5. USCIS Interview: Once all documents have been submitted, a USCIS officer will contact the foreign national to set up an interview. If all requirements are met, and the foreign national has a valid job offer from a U.S. employer, their application for permanent residency will be approved at the interview.

4. How long does it typically take to receive an Employment-Based Green Card?

On average, it takes around 6-8 months to receive an Employment-Based Green Card. The exact length of time varies depending on the type of visa and the demand for that particular visa.

5. What are the eligibility requirements for obtaining an Employment-Based Green Card?

To obtain an Employment-Based Green Card, you must first obtain a permanent job offer from a U.S. employer and then receive an approved Form I-140, Immigrant Petition for Alien Worker from the U.S. Citizenship and Immigration Services (USCIS). Additionally, an individual must have either an advanced degree or its equivalent, such as a bachelor’s degree plus 5 years of progressive work experience in the field for which they are applying; possess exceptional ability in the sciences, arts, or business; or have at least two years of experience in the past five years as a manager or executive.

6. How does my employment status affect my Employment-Based Green Card priority date?

Your employment status does not directly affect your Employment-Based Green Card priority date. However, it does affect the availability of certain types of visas and the timing of the application process. For example, if you are a current employee of the petitioning employer, you may be subject to a more expedited visa processing timeline than if you were an employee of another company or self-employed.

7. How can I check my Employment-Based Green Card priority date?

You can check your Employment-Based Green Card priority date by looking at the U.S. Department of State’s Visa Bulletin. The Visa Bulletin releases a monthly list of all Employment-Based Green Card priority dates, which can be found on the U.S. Department of State’s website.

8. Are there any limitations on how long I must wait to obtain an Employment-Based Green Card?

No, there is no set timeline for how long an applicant must wait to obtain an Employment-Based Green Card. The wait time can vary depending on the applicant’s nationality, the category they are applying under, and the availability of green cards in that particular year.

9. What should I do if my Employment-Based Green Card priority date has expired?

If your Employment-Based Green Card priority date has expired, you may be eligible to file for the EB-1, EB-2 or EB-3 visa categories. If you are not eligible for one of these categories, you may be able to extend your stay in the U.S. temporarily through other visa options. Alternatively, you may also consider applying for a permanent residence visa through another family or employment-based program such as the Diversity Immigrant Visa Program (DV) or family-based immigration programs.

10. Are there any special considerations for those applying for an Employment-Based Green Card?

Yes. Those applying for an Employment-Based Green Card should be aware of the different categories and types of visas available, the requirements for each, and the processing times associated with each. Additionally, applicants should consult with an experienced immigration attorney to ensure that they have the necessary supporting documentation and meet all legal requirements for their type of visa. Additionally, applicants should make sure their employer has filed all necessary paperwork correctly and accurately with U.S. Citizenship and Immigration Services.

11. What documents do I need to apply for an Employment-Based Green Card?

To apply for an Employment-Based Green Card, you will need to submit form I-140, Petition for Alien Worker, along with supporting documentation which includes evidence of your foreign education, employment experience, and any other documents that prove you are qualified for the job you are seeking. Other documents you may need to submit include proof of employer’s ability to pay the offered wage, and evidence of any licensure or certifications.

12. Are there any restrictions or additional requirements to obtaining an Employment-Based Green Card?

Yes, there are several restrictions and additional requirements for obtaining an Employment-Based Green Card. The most common requirements are that the applicant must be sponsored by a U.S. employer, have an offer of full-time permanent employment in the U.S., and prove that the position is not able to be filled by a qualified U.S. worker. Additionally, the applicant must also satisfy certain criteria related to their qualifications, such as having specific skills or experience. Furthermore, they may need to obtain an approved Labor Certification from the U.S. Department of Labor or an approved I-140 Immigrant Petition from U.S. Citizenship and Immigration Services (USCIS). Other requirements may include undergoing a medical examination, obtaining any necessary visas, and meeting certain financial requirements.

13. How is the Employment-Based Green Card priority date determined?

The Employment-Based Green Card priority date is determined by the date an individual’s PERM Labor Certification Application is filed with the Department of Labor. This date establishes the priority date for when an individual can apply for an Employment-Based Green Card.

14. Does the application process differ for applicants of different countries?

Yes, the application process can differ for applicants from different countries. Each country has its own unique set of requirements and regulations that must be met before a person can be eligible to apply for a visa or other type of legal residence. Different countries also have different requirements for the documents and information that must be provided in order for an applicant to obtain a visa or legal residence.

15. Can I still apply for an Employment-Based Green Card even if I am not currently employed in the U.S.?

Yes, you can still apply for an Employment-Based Green Card even if you are not currently employed in the U.S. However, you must have a job offer from a U.S. employer in order to be eligible.

16. How long can I remain in the U.S. after receiving an Employment-Based Green Card?

Once you receive your Employment-Based Green Card, you can remain in the U.S. indefinitely as long as you maintain your immigration status. However, if you wish to travel abroad for an extended period of time, you may need to obtain a reentry permit prior to your departure.

17. Do I need a visa in order to apply for an Employment-Based Green Card?

Yes, you will need a visa in order to apply for an Employment-Based Green Card. Depending on your current immigration status, you may need to apply for an immigrant visa from a U.S. Embassy or Consulate abroad, or you may be eligible to adjust your status within the United States.

18. Can I apply for an Employment-Based Green Card while in another country?

Yes, you can apply for an employment-based green card from outside the United States, provided you meet the qualifications. You will need to have a valid job offer from a U.S. employer and have that employer petition for you through the USCIS. The petition will need to be approved before you can move forward with the application process.

19. Is there a fee associated with applying for an Employment-Based Green Card?

Yes, there is a fee associated with applying for an Employment-Based Green Card. The filing fee for the Form I-140, Immigrant Petition for Alien Worker, is $700. Additionally, there are fees for biometrics services, application processing costs, and more.

20. Are there any special requirements or qualifications to apply for an Employment-Based Green Card?

Yes, depending on the application type, there may be certain requirements and qualifications. The U.S. Citizenship and Immigration Services (USCIS) website provides information about the different types of Employment-Based Green Cards and their respective requirements. Requirements may include: being eligible for a particular type of visa, having a valid job offer, and meeting certain qualifications for the job. Additionally, if you are applying for an Employment-Based Green Card through an employer, you must have a valid labor certification from the Department of Labor.