How Many Weeks A Marrying Can You Apply For Green Card

In this article (and video), you can learn about the Green Card Process and various steps involved for EB1, EB2, and EB3 category. You may be applying for Green Card via Employment-Based (EB) from H1B or L1 or another visa status, but for the most part, the EB2 and EB3 steps remain the same. Here's a quick top-level view about three stages of Employment-Based Green Card process for the USA.

EB2 and EB3 Green Card Steps

There are three stages for Green Card for EB2 and EB3.

1. Step 1: PERM/Labor Certification Stage (EB1  and EB2 NIW doesn't require this Stage)
2. Step 2: I-140 Immigrant Petition Stage
3. Step 3: I-485 Adjustment of Status Stage

Note: Employment-Based Green Card process is driven by the Employer and cannot be self-sponsored. But, there is an instance where it can be self-sponsored. Details are listed below.

Let's take a step back and start with an overview of ways to get U.S. Green Card and then dive into stages of EB1, EB2, and EB3 based Green Card. There are two main path's to obtain the Green Card in the USA (lawful permanent resident status).

There are two main path's to get Green Card in the USA (lawful permanent resident status)

1. Family-based Green Card Categories
2. Employment-Based Green Card – EB1, EB2, and EB3.

Note: There are other ways, like Green Card Lottery, EB4, and EB5, etc. But that's not in the scope of this. I'm going to focus on Employment-Based Green Card Process (EB1, EB2 and EB3 Steps) and Various stages involved.

If you are working on H1B Visa, L1B Visa or another non-immigrant work visa, you most likely to through the following steps for your Employer Sponsored Green Card.

Stage 1: PERM Labor Certification

• PERM/Labor Certification stage is the first step in the green card process for EB2 and EB3.
• PERM stands for Program for Electronic Review Management.

During this PERM Labor Certification step,  Employer has to prove that there are no qualified American Citizens or Permanent Residents for these positions and foreign workers not taking jobs away from U.S. citizens.

What Happens During the PERM Labor Certification Stage?

Here is an overview of what happens in the workplace before the green card process begins.

• HR Manager or your Manager notifies the company's Immigration Attorney about filing Green Card.
• Initial Meeting: Manager, Employee, HR and Immigration Attorney
• Job Description: Drafted, revised, and finalized.
• Prevailing Wage determination request submitted to the Department of Labor (DOL) by Immigration Attorney
• Followed by Recruitment Phase – Handled by your employer's HR
• If no qualified US workers identified, Attorney would file a PERM Labor Condition application with DOL.
• The Date, when the PERM application is filed with DOL, is your Priority Date (PD).
• DOL processes and approves PERM Labor Certification.

PERM Labor Certification Timeline:

• Initial Conversation to Job Description Finalization: 1 to 3 Months (It can take longer in larger firms)
• Prevailing Wage Determination: About 2 to 5 months
• Recruitment and Filing: 3 to 6 months
• PERM Labor Approval: 2 to 8 months. (as of Oct 2015, PERM approval time is seven months)

If PERM Labor is filed 365 before the H-1B visa Expiry date and still pending, H1B Visa can be extended in 1-year increments.

Processing Times for PWR and PERM Applications

Processing Time for Prevailing Wage and PERM Labor application approval for Green Card varies. You can find them for both PWR and PERM Labor Application here –  current processing times here (New FLAG System). The following screenshots show where to look for the Processing Times.

Next, let's dive deeper into finding the Processing Times for Wage Determination and PERM Labor Application Processing.

PWR Processing Times (As of August 2020)

How to read the above PWR table?

• As of March 2017, its taking Department of Labor them 100 days to issue the Prevailing Wage Determination for the position that would be posted and recruited.
• Occupational Employment Statistics (OES)

Compare to September 2019

Now you can see how the processing time changes for Prevailing Wage determination

• Chart 1 – Aug 2020 – 87 Days
• Chart 2 – Sep 2019 – 111 Days

PERM Labor Application Processing Times

Data as of June 30, 2020 (published in Aug 2020)

Data as of March 31, 2017

Data as of Aug 31, 2019

How to read the above PERM Processing Tabel?

• As of March/31/2017, DOL is processing applications submitted in Jan 2017.
• That's four months to process PERM for Cler Cut Cases – Analyst Review.
• If there's Audit, then it's taking nine months to Process PERM Applications

But, Jan 2017 has 31 days. Wouldn't it be better if they gave an average day it takes to process?

As of March 2017

As of August 2019

As crazy as it sounds, the PERM Processing time is 78 Days even in September 2019.

• 78 days for No reviews
• 234 days on average for Audit cases.

After the PERM Labor application is approved, you have cleared the Stage 1 of the Green Card Process.

Next, we deal with the Department of Home Security (USCIS) for Stage 2 – I140

Green Card Guide (Video)

• Are you applying for Green Card for the First Time?
• Do you want to know when to apply and when to ask your Employer?
• Did your employer was non-commital about your GC?

Then get The Ultimate Green Card Guide for H1B Visa and F1 Visa Applicants

This article explains only the steps, but not the potential problems or mistakes you should avoid.

The majority of applicants begin to learn the process only when their EMployer plans to apply for Green Card. That's a mistake!

This $20 guide can mean several thousands of savings or potentially reduced wait times by decades for you.

Stage 2: I-140 Immigration Application

The next step in the Green Card process is I-140 Immigration Application. After Labor Certification Application has been certified by DOL I-140 application can be filed.

Why I-140?

• Verify employee meets job requirements specified on the PERM/Labor Certification Application
• Verify the sponsoring employer can pay the offered wages to the employee.

After I-140 is approved, H-1B employees will be able to extend the H1B for 3 years period beyond the initial 6 years.

EB2-NIW

• There's a special category for EB2, called EB2 NIW.
• NIW stands for National Interest Waiver.
• Stage 1 – PERM Labor is not required for EB2 NIW
• EB2 NIW would be filed as Self-Petitioned.

Processing Time for I140 Applications

I-140 application can be made via Regular or Premium Processing. As far as I  know, the majority of applicants opt for Premium Processing.

Approved I-140 gives the benefit for the spouse of H1B Visa applicants to apply for H4 EAD.

To find the Regular Processing Time to go to USCIS Processing Time Page.

Then select the Service Center – Nebraska, Texas or Vermont Service centers.

Next look for I-140 applications ( following is for Nebraska Service Center)

As of March 2017

As of Sep 2019

March 2017 – 8 Months

September 2019: 5 to 7 Months

But, I would recommend getting I-40 via Premium Processing instead of waiting for eight months.

Note: There 's no Premium Processing for EB2 NIW cases.

After I-140 is approved, the waiting game begins. For applicants from India, China the wait times span multiple years

1. US Green Card Waiting Time Based on Pending Applications

As of Jan 2017, I-140 Cannot Be Revoked

I-140 EAD Rule went into effect on Jan 17, 2017. Ad per the rule, employers can't revoke approved I-140 after 6 months of Approvals in most cases. Read the summary of EAD I140 Rule for more details. Why is that important? An employee can switch jobs after I-140 is approved without losing their Priority Date in the process of transferring to a new position.

How is that good news?

Green Card applicants with approved I-140 with Employer A can switch to a new employer without losing their Priority Date in the process of transferring to a new job.

Their spouse, if they are on H4 EAD, they can continue to work, as Approved I-140 is required for H4 EAD to be active.

Stage 3: I-485 Adjustment of Status

Form I-485 Application to Adjust Status, the actual green card application which will be filed after USCIS approves I-140 request.

A green card visa number is available based on

• Applicants country of birth
• Employment-based classification
• The priority date of the Applicant

The priority date is the date that the PERM/Labor Certification Application was filed with the DOL (EB2 and EB3).

For EB1, date I-140 is filed with USCIS is the Priority Date.

Long wait times are due to the unavailability of Green Card Visa numbers.

There is a certain number of Green card applications made available per year per category per country.

Every month Department of State publishes the Visa Bulletin,  with available visa numbers based on priority dates. Visa Bulletin now includes Final Action Dates and Filing Dates.

Final Action Dates for Employment-Based Green Card

You will see the Visa Bulletin for three months below.

August 2020 EB Final Action Dates

October 2019 Visa Bulletin – Final Action Dates

For Comparison, as of  May 2017 Visa Bulletin, USCIS is processing I-485 application for Indian Nationals who have PD on 22 June 2008.

During President Obama Administration, Filing Dates chart was introduced that would allow applicants to file I-1485 much earlier than Final Action Dates. Here's current (May 2017) Filing dates for I-485.

Let's compare the Filing Dates for October 2019 to May 2017.

Current Filing Dates

While filing the I-485 application, you could file for EAD and Travel Permit (Advanced Parole).

Note: The Dates in the Visa Bulletin can Move backward (called Retrogression). For example, EB2 India in October 2016 Visa Bulletin was in May 2005, and after 7 months, dates moved from 2005 to 2008.

Green Card Processing Time

• People wait for 4 to 6 years in this stage in EB2 (for India)
• One of my co-workers got EB3 India Green Card in Oct 2015 after waiting for 13 years

If the priority date moves back from after you file for I-485, then visa numbers will not be available.

You would have to wait till visa numbers available to get Green Card. That's when folks apply for EAD.

What about EB1 Category?

For the EB1 green card process, there are just two stages.

1. Stage 1: I-140 Immigrant Petition
2. State 2: I-485 Adjustment of Status

As you can see, there is no PERM Labor Certification step and dates are Current (C) in the Visa Bulletin for EB1. Plus, there is another option called National Interest Waiver (NIW) category for EB2, where PERM Labor is not required (which we discussed before).

EB5 Visa- Priority Dayes for India

While EB5 doesn't have PERM and I-140 stages, I-485 is common for all Employment-based green card process to file an adjustment of status.

You may have noticed the Priority Date for India, China, and Vietnam in EB5 (Oct 2019).

For India, that translates to 5 to 9 years of a wait! If you apply for Green Card by Investing $500,000 in Sep 2019, your Green card could take like nine years.

But, the good news is that Filing Chart for August 2020 Visa Bulletin.

If you are in the USA on H1B Visa and have applied for EB5 Visa, in October 2019, you can apply for I-485 (since USCIS is accepting Filing Chart Dates).

Along with I-485, one could also submit the EAD/AP application.

Questions and Answers about Green Card Process

1. Is it possible to do Green Card without H1B Visa?

Yes, an employer can apply for Green Card without H1B or L visa, but most likely they would not do that if you are from a country where the backlogs are enormous.

2. I'm on STEM OPT and did not get selected in H1B Visa Lottery, can my employer apply for Green Card. I'm from China.

The employer can start your Green Process while on F1 Visa. But, once your STEM OPT time runs out, you will need work authorization to continue to work in the USA. You can have this discussion with your employer about this.

3. I heard about Green Card via EB5 Investment option is faster. Is that true?

Yes, if you (or your parents) can invest $500,000 or $1,000,000, then you can get Conditional Green Card in less 10 than years (if applied in 2019). But, applicants already living and working in the USA could get EAD/AP much earlier than that.

Get the Ultimate Green Card Guide

• Are you applying for Green Card for the First Time?
• Do you want to know when to apply and when to ask your Employer?
• Did your employer was non-commital about your GC?

Then get The Ultimate Green Card Guide for H1B Visa and F1 Visa Holers

This article explains only the steps, but not the potential problems or mistakes you should avoid are described with examples.

The majority of applicants begin to learn the process only when their employer plans to apply for Green Card. That's a mistake!

This $20 guide can mean several thousands of savings or potentially reduced wait times by decades for you above all, there's no one who will give advice based on potential problems and situations you will run into.

• Marriage
• Job Loss
• Job Changes
• Porting Category
• EB5 vs EB2, EB3
• Games employer will play with your GC process & how to be ready and tack them!

Green Card Article Series

1. How Long Does it Take to Get Green Card in the USA for Eb1, EB2, and EB3
2. Green Card Steps for  EB2 and EB3 Explained (This article)
3. Green Card Visa Numbers availability for E1, EB2, and EB3
4. US Green Card Waiting Time Based on Pending Applications
5. Immigration Path: Steps for an F1 Visa to Become U.S. Citizenship
6. How EB Green Card Spill Over between EB1, EB2, EB3, EB4 5and EB5 works

How Many Weeks A Marrying Can You Apply For Green Card

Source: https://www.happyschools.com/employment-based-green-card-steps/

Posted by: ramostepicalf.blogspot.com

Share this post