1. What are the different types of EB-2 and EB-3 Green Card categories?

EB-2 Green Card Categories

1. Advanced Degree Professional: Applicants who have a master’s degree or higher, or a foreign equivalent, in a field related to their profession.

2. Exceptional Ability: Applicants who have exceptional ability in the sciences, arts, or business fields and meet certain criteria.

3. National Interest Waiver: Applicants with exceptional ability who can demonstrate that their work will be in the national interest of the United States.

EB-3 Green Card Categories

1. Skilled Workers: Applicants who have at least two years of job experience or training in their field.

2. Professionals: Applicants who have a Bachelor’s degree or foreign equivalent in their profession.

3. Unskilled Workers: Applicants who do not require any particular skill set to perform their job duties.

2. What criteria must I meet to be eligible for an EB-2 or EB-3 Green Card?

In order to be eligible for an EB-2 or EB-3 Green Card, you must:

• Have a job offer from a U.S. employer
• Have a full-time employment offer in a position that requires professional or specialized qualifications
• Possess the necessary qualifications to fill the job (e.g. advanced degrees, professional certificates, or specialized experience)
• Have your employer file a labor certification from the U.S. Department of Labor (DOL)
• Obtain an immigrant visa number from the U.S. State Department

3. Are there any special requirements for an employer to sponsor an employee for an EB-2 or EB-3 Green Card?

Yes, there are several special requirements for an employer to sponsor an employee for an EB-2 or EB-3 Green Card. The employer must demonstrate that the foreign worker is being hired to fill a professional or technical position and that no U.S. workers are available. The employer must also be willing to pay the prevailing wage for the position and file a Labor Condition Application (LCA) with the U.S. Department of Labor. The employer must also submit an I-140 Immigrant Petition for Alien Worker and provide evidence of the foreign worker’s qualifications.

4. What documents do I need to submit for an EB-2 or EB-3 Green Card application?

The required documents for an EB-2 or EB-3 Green Card application depend on the specific circumstances of the applicant. Generally, however, applicants must provide evidence of their eligibility for the category they are applying for, including proof of their advanced degree or job offer. Additional documents may include passport photos, birth certificate, marriage certificate (if applicable), education records, and evidence of employment or past employment.

5. Is a family member allowed to accompany me when I apply for an EB-2 or EB-3 Green Card?

No, family members are not allowed to accompany you when you apply for an EB-2 or EB-3 Green Card. You may only be accompanied by an attorney, if you choose to have one.

6. Are there any filing fees associated with applying for an EB-2 or EB-3 Green Card?

Yes, there are filing fees associated with applying for an EB-2 or EB-3 Green Card. The filing fee for Form I-140 is $700. Additionally, there is a $1,500 fee for Form I-485 and a $85 biometrics fee. Some applicants may qualify for a fee waiver or reduced fees, depending on their income level.

7. How long does it take to process an EB-2 or EB-3 Green Card application?

The processing time for an EB-2 or EB-3 Green Card application varies and depends on many factors, such as the current backlog in the category, the country of origin of the applicant, and other factors. Generally speaking, it can take up to several years for a Green Card application to be processed.

8. How can I check the status of my EB-2 or EB-3 Green Card application?

You can check the status of your EB-2 or EB-3 Green Card application by calling the National Customer Service Center at 1-800-375-5283. You can also check your application status online at the USCIS website.

9. Can I change my job if I have an approved EB-2 or EB-3 Green Card application?

Yes, you can change jobs if you have an approved EB-2 or EB-3 green card application. However, you must make sure that the new job meets the criteria for the green card and that you update your information with U.S. Citizenship and Immigration Services (USCIS). You may also need to file a new application if the job change affects your eligibility for the green card.

10. Is there a limit to the number of visas available for each category of the EB-2 and EB-3 Green Cards?

Yes. The annual limit for the EB-2 Green Card category is 28.6%, while the EB-3 limit is 10.8%.

11. Can a person already holding a U.S. work visa apply for an EB-2 or EB-3 Green Card?

Yes, a person already holding a U.S. work visa can apply for an EB-2 or EB-3 Green Card. However, it is important to note that the process of obtaining a Green Card may take longer than the process for getting a work visa.

12. Are there any restrictions on the type of employment I may take up while awaiting approval of my EB-2 or EB-3 Green Card application?

No, there are no restrictions on the type of employment an individual may take up while awaiting approval for an EB-2 or EB-3 Green Card application. However, it is important to ensure that the employment is legal and does not violate any immigration laws.

13. What are the different types of Labor Certification that may be required for an EB-2 or EB-3 Green Card application?

1. Regular Labor Certification (PERM)
2. National Interest Waiver (NIW)
3. Schedule A Labor Certification
4. Alien of Extraordinary Ability Labor Certification
5. Religious Worker Labor Certification
6. Physician National Interest Waiver
7. Physician Schedule A Certification

14. Are there any special requirements for people applying for a National Interest Waiver under the EB-2 category?

Yes. The National Interest Waiver requires applicants to demonstrate their ability to serve the national interest to a much greater degree than would normally be expected of someone in their field. Applicants must also show that their work is of “substantial intrinsic merit” and that it has a “substantial benefit” to the nation. This could include economic, cultural, or educational impacts, among others. Additionally, applicants must show that granting the waiver would be in the national interest and not merely an advantage to them or their employer.

15. Is it possible to apply for adjustment of status if I have an approved EB-2 or EB-3 Green Card application?

Yes, it is possible to apply for adjustment of status if you have an approved EB-2 or EB-3 Green Card application. In order to be eligible for adjustment of status, you must meet certain requirements, including having an approved immigrant visa petition, being admissible to the United States, and having an immigrant visa number immediately available.

16. Do I need to attend an interview as part of my application process for an EB-2 or EB-3 Green Card?

Yes, you will need to attend an interview as part of the application process for an EB-2 or EB-3 Green Card. The interview will be conducted by an immigration officer who will ask you questions about your application and review your documents. The interview may also include a medical examination and/or a security clearance.

17. How long is a valid EB-2 or EB-3 Green Card valid for?

A valid EB-2 or EB-3 Green Card is valid for 10 years.

18. Are there any advantages to applying for a green card through employment compared to other green card categories?

Yes, there are several advantages to applying for a green card through employment compared to other categories. These include:

• Opportunity to gain permanent and legal residence in the U.S.
• Access to higher paying jobs
• Security of having the legal right to remain in the U.S. indefinitely
• Ability to bring family members with you
• Pathway to becoming a U.S. citizen
• More likely to be approved than other green card categories

19. If I am applying as a skilled worker, what is the minimum educational requirement for my green card application?

The minimum educational requirement for a skilled worker green card application is that the applicant must have either a U.S. high school diploma or its equivalent, or two years of work experience in an occupation requiring at least two years of training or experience.

20. If my application is denied, can I appeal the decision and submit another application?

Yes, you can appeal the decision and submit another application. However, it is important to note that appeals are not always accepted and that submitting a new application does not guarantee your acceptance.