The Houston Guide to Green Cards Employment Based
Any employer if willing, can sponsor his or her employee for a permanent resident status. There are five different rankings people are classified into while seeking employment-based permanent residence status. They are classified according to categories EB1 to EB5. The first group is EB1 where individuals with extraordinary skills fall under. The second group is the EB2 where individuals who are innovative degree professionals fall under and the third group is the EB3 where professionals with a graduate degree and other skilled workers fall under. Category EB4 consists of special immigrants while category EB5 consists of immigrant investors. Categories are based on the job qualifications and in some instances the individuals’ qualifications. The wait periods vary according to groups and also depending on the country one is from. These categories are referred to as priority groups.
Statistics from the United States immigration department show that more than nine hundred and ninety thousand foreign nationals received permanent based residential status in the year 2013 in the United States. Employment-based green card acquisition procedure is a four-step process. The steps include:
Certification of Labor
It is commonly referred to as form I-130. An employer starts the process by getting the labor certification form from the labor department. A labor certification is a document issued by the labor department and allows an employer to file an employment-based immigration petition in place of the employee. The employer has got to convince the labor department they were unable to get a suitable and willing candidate to take up the job position amongst their country’s citizens. The employer has got to advertise the job position and carry out interviews with individuals to ascertain that there was no suitable candidate thus his or her preference shifting to the foreign employee. He also has to show that your employment will not deprive the country’s citizens of a job opportunity. Labor certifications are filed through an electronic system known as a Prevailing Wage Determination (PERM). The form also contains the job location, duties, and requirements. Also, some categories of employment do not need the labor certification approval thus the employer does not file for it.
Immigration petition
This petition is referred to as form I-140 which is filled with the United States Immigration and Naturalization Service (INS). This petition ascertains whether a worker is qualified to obtain an immigrant visa according to employment basis and that the employer has the ability and necessary assets to pay the immigrant the advertised wage in the labor certification. It also ascertains that the employee meets the specific job requirements. After the petition approval, it is forwarded to the National Visa Center where it is assigned a case number. If the priority date matches the most recent qualifying date, pre-processing of the visa begins. After the file is complete, the immigrant is scheduled for an interview appointment. If one meets the required set rules, they are issued with their visa. The processing length time of a permit depends on, the visa numbers allocated per country, the number of permits assigned to your particular category, and the supply and demand for immigrant visa numbers. After this process is complete, an employee can file for an adjustment of status or the consular processing. If the priority date is current, form I-140 and form I-485 are filed concurrently.
Adjustment of Status
This application is referred to as form I-485 and gets filled when the priority date is current, and it gets filled with the United States Citizenship and Immigration Services. This process involves changing of a migrants’ status from non-immigrant status to permanent residence status. While filling this form, one must submit all required documentation together with the evidence required according to your category. One is summoned later for their biometrics collection at the Applications Support Centre where your photo, signature, and fingerprints are taken. Information given by an immigrant is useful during security checks and final processing of the green card. Granting of Status adjustment is recorded as the date the immigrants officially becomes a permanent resident. A modification of status is carried out when an individual enters Houston legally using a nonimmigrant visa, and a company wishes to employ them. At this point, one could also file the document of Employment Authorization and the Parole Advance or Travel Document.
After form I-485 is approved, the immigrants’ passport gets stamped, and the immigrant then gets issued with their green card which is usually a plastic card.
Though the green card acquisition process is a lengthy and time-consuming process, it also has its advantages some of which include retirement earnings and insurance coverage. Aside from the benefits, the disadvantages include denial of the right to vote, to possess an American passport and also, they cannot serve on a jury. You can find these and much more at RunRex. The immigration process is done by the United States Citizenship and Immigration Services.