Sometimes, the EB-2 visa numbers retrogress as well. During some periods of the year, the immigrant visa numbers may become totally unavailable due to over subscription. For immigrant visa number availability, please check the Visa Bulletins posted on Department of State's website. Generally, if there is any backlog, the EB-2 category usually has a shorter waiting period than the EB-3 category. If the visa numbers are not current for the category according to the alien's priority date, the alien has to wait until it becomes current before being eligible to file an application for adjustment of status Form I or complete consular processing in order to become a lawful permanent resident.
Therefore, it is of major concern whether an alien should file under the EB-2 or EB-3 category since such a decision will determine whether visa numbers are current. The ultimate decision is yours but. If an employer has real business needs justifying the requirement of education and experience qualifications that exceed the SVP, the employer may still go ahead and file an EB-2 PERM application.
However, so long as there is a real business need for the higher requirements, the application may still be approved. Consider also that if you have already filed an EB-3 case that there is oftentimes not a problem if you also do an EB-2 case if the employer can do one for you. This may advance your priority date. In other cases it may not pay to do the EB It is critical to speak to a qualified legal representative about the advantages of doing the EB-2 case if you have and EB-3 case pending and for you to consider the advantages of doing a case for a PERM labor certification with an employer that you are not presently working for.
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I is a personal green card application filed by the employee named in I petition and by her derivative family members spouse and children. As long as priority date remains current, it can be filed after I approval or at the same time as the I The work and travel card usually arrives in months after filing.
At that point, an employee no longer needs her H-1B, though she may continue to use the H-1B until the green card is approved. Applicant is likely to receive a biometrics appointment notice about months after we file the paperwork.
About 12 months after filing the paperwork, we will receive an interview notice. At the time of the interview employee needs to confirm that job offer is still available for him, produce all the original civil documents, immigration status documents H1B approvals, visa stamps, SEVIS documents and previously completed medical exam on form I in a closed envelope.
We will prepare applicant for the interview and in might accompany her if this is necessary. Green card usually approved from 2 week to 2 months after the interview. On rare occasions, when Visa Bulletin retrogresses, and visa number is no longer available, after the successful interview I will be sent to National Benefits Center.
Step 3: Conduct recruitment After receiving the prevailing wage determination, the advertisements will be placed to test the labor market. Step 6: Wait for priority date to become current Depending on the green card category and the country of chargeability, immigrant visa number may not be immediately available. Step 7: File I I is a personal green card application filed by the employee named in I petition and by her derivative family members spouse and children.
Step 8: Attend biometrics appointment Applicant is likely to receive a biometrics appointment notice about months after we file the paperwork. Here, we'll discuss how that priority date is created and what it means for your case. Not everyone faces numerical limits or a wait; for example, green card applicants in the immediate relative category receive unlimited numbers of visas annually.
And sometimes demand for visas is low enough that even in other categories, no waiting list develops. The people who will be given priority dates, and potentially face a wait, include those in the family-based or employment-based preference categories. Their initial visa petition would have been filed by either their family member on Form I "Petition for Alien Relative" , or by an employer on Form I "Immigrant Petition for Alien Workers" following a successful application for labor certification.
Certain highly qualified employees can self-file the Form I petition. Once someone has a priority date, it's a matter of tracking it, month by month. Only when your priority date becomes "current" can you take the next step: either apply for adjustment of status if you are already in the United States in legal status or otherwise eligible to use the adjustment of status procedure, or apply for an immigrant visa at an U. Embassy or Consulate in your home country.
Both lead to U. The priority date is the date upon which either the U. Department of Labor received the labor certification application or U. If the visa petition or labor certification was incomplete when first filed, however, it will be returned to the petitioner and your priority date will be delayed.
State Department every month.
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