Barrera Legal Group can help you in applying for a green card through an Employment Based Adjustment
of Status Process
In Employment based adjustment of status cases where a noncitizen is seeking legal permanent resident status also known as a green card, typically require an employer to sponsor the noncitizen. However, there are more advanced employment categories that will not require a petitioning employer where the noncitizen can self-petition for the green card. Barrera Legal Group can help in evaluating the employment position requirements, employee credentials and in filing each application in the process.
After the initial green card petition is approved, the noncitizen may need to complete the application by applying for an immigrant visa through the Department of State. This application process is called consular processing. You can view Barrera Legal Group's discussion on Consular Processing here.
However, in Employment based adjustment of status cases where the noncitizen is present in the United States in lawful immigration status or who may qualify for an exception to the rule of applying from a consulate, the noncitizen will be allowed to apply for the green card through the Employment Based Adjustment of Status Process with the United States Citizenship and Immigration Service also known as USCIS. You can view Barrera Legal Group's discussion about the circumstances that can qualify a noncitizen to apply for a green card through the Employment Based Adjustment of Status process by clicking the link below.
Barrera Legal Group can help you evaluate
Employment Based Adjustment of Status
Green Card Categories
EB1 Green Card Category
This category is broken down into three subcategories.
EB1(a) – Extraordinary Ability in the Sciences, Arts, Education Business or Athletics through sustained national or international acclaim. No employment offer is required for this category.
EB1(b) – Outstanding Professors and Researchers recognized internationally for outstanding achievements in a particular academic field with at least 3 years of teaching experience or research in the relevant academic area. The noncitizen must be intending to pursue a tenured teaching track or a comparable research position at a university.
EB1(c)-Multinational Manager or Executive employed outside the United Sates for 1 of the past 3 years preceding the immigrant petition from the company or organization seeking to continue service to the business or organization where the employment outside the United States was as a manager or executive with the same employer.
These categories require the filing of the I-140 immigrant petition where the EB1(a) category allows for the noncitizen to petition for herself while the two other categories will require an employer to file the I-140. Our team at Barrera Legal Group can help you understand if you meet any of these categories.
EB2 Green Card Category
This is typically a category where an employer is required for noncitizens who are members of professions requiring an advanced degree such as a master’s degree or a bachelor’s degree with 5 years of progressive experience or who have exceptional ability in the sciences, arts or business. This category will require the employer to also undergo a recruitment process known as PERM where the employer is seeking a labor certification from the Department of Labor by proving that the employer cannot find a qualified United States workers for the position. The Barrera Legal Group team can help guide the employer with the PERM process and filing with USCIS and guide the employee in understanding if the employee has the sufficient credentials to qualify for a particular employment position.
EB2 National Interest Waiver
This category will also qualify a noncitizen for a green card based on an advanced degree as well as on demonstration of exceptional ability without the need of an advanced degree. Exceptional ability will require demonstration of a degree of expertise significantly above that ordinarily found in the sciences, arts or business.
Furthermore, the noncitizen in order to have the labor certification requirement waived will need to demonstrate that waiver of this requirement is in the interest of the United States. This can be very difficult to accomplish, but the team at Barrera Legal Group will help the applicant understand if the applicants credentials and if the work to be performed can be viewed as work that is in the interest of the United States.
EB3 Green Card Category
This category will require an employer and a PERM labor certification recruitment process. Eligible noncitizens include Skilled Workers where a job requires a minimum of 2 years of training or work experience that is not of a temporary or seasonal nature; Professionals where a job requires at least a United States baccalaureate degree or foreign equivalent where the noncitizen is considered a member of the profession and Other Workers for jobs requiring unskilled labor requiring less than 2 years of training or experience but is also not temporary or seasonal in nature.
Employment Based Adjustment of Status First Step-Barrera Legal Group can help with filing an Immigrant Petition or Department of Labor, Labor Certification (PERM) Application.
Barrera Legal Group can help with the Employment Based Adjustment of Status PERM Process
In employment-based cases where a petitioner employer is required and where a labor certification is also required, these employers will need to go through the PERM process with the Department of Labor. These employers will need to demonstrate that there are not enough qualifying employees for the position that the noncitizen is expected to fill.
Barrera Legal Group can help in obtaining an Employment Based Adjustment of Status Prevailing Wage Determination
The first step in the PERM process is for the employer to obtain a prevailing wage determination or PWD from the Department of Labor. This PWD will have a validity period which will require filling of the labor certification application before the validity expires.
Barrera Legal Group can help through the Employment Based Adjustment of Status Recruitment Period
At this stage, the employer must conduct recruitment which is a labor market test to determine if there are any United States workers to fill the position. This process will require placing various job advertisements such as an advertisement with a newspaper of general circulation in the place the job is located for two consecutive Sundays as well as posting the job opportunity with the state workforce agency for 30 days and post a notice to advise the company’s employees about the job opportunity. If the job is a professional position requiring a degree, the employer must also perform additional recruitment steps. Finally, prior to filing the labor certification application, the employer must prepare a report including the number of workers who applied for the position as well as the number of workers interviewed with reasons of why these applicants were not selected for the job. The Barrera Legal Group can help an employer with this complicated process which will include guidance in the recruitment process to potentially lessen the chances of an audit or to be prepared to address an audit by the Department of Labor.
Barrera Legal Group can help file the Employment Based Adjustment of Status Form ETA 9089 with the Department of Labor
If the employer did not select any applicants or if there were no applicants then the employer can file the labor certification application using form ETA 9089 with the Department of Labor. This whole process can take several months and can extend to well over one year.
Barrera Legal Group can help file the Employment Based Adjustment of Status Form I-140 with USCIS
After the labor certification is approved or in cases where a labor certification is not required, the next step in this process is to have the qualifying petitioner submit the initial green card petition with USCIS, known as an I-140 petition.
It is important to understand that although agencies such as USCIS, the Department of Labor and the Department of State are agencies within the U.S. government that work with each other in processing a green card application, they are still different agencies which require separate applications with each agency to eventually complete the goal of the noncitizen receiving the eventual green card.
Employment Based Adjustment of Status Second Step-Barrera Legal Group can help with Submitting form I-485 before USCIS
Upon processing and approval of the initial immigration petition with USCIS, the beneficiary can now consider submitting the form I-485 before USCIS which is the last application required to complete the Employment Based Adjustment of Status filing for the green card. However, for the I-485 to be accepted by USCIS, the filing date also known as the priority date on the initial immigration petition must be current where USCIS is processing I-485 applications with immigration petitions or labor certifications filed on or before the priority date published by the Department of State in what is called the Visa Bulletin. Barrera Legal Group discusses priority dates and the visa bulletin here. Additionally, when the initial immigration petition, I-140, or labor certification has a priority date that is current, the immigration petition and form I-485 can be filed concurrently where both applications will be processed at the same time to complete the Employment Based Adjustment of Status Process.
Civil documents in support of the application are also filed with the application which consist of biographical type documents such as birth certificates, marriage certificates and passports.
Finally, a medical exam must also be submitted with the application which is performed by an authorized physician in the United States.
Employment Based Adjustment of Status applications will also allow for the noncitizen to apply for work authorization also known as an employment authorization document, by submitting form I-765 and an application for a travel authorization document, by submitting form I-131 with the adjustment of status application.
After all USCIS forms and supporting documents are submitted, the case will be transferred to a local USCIS field office where the case will be scheduled for fingerprinting of the beneficiary. After fingerprinting, a USCIS officer will be reviewing the application and performing a background check to then determine if any other information or documents are required, or if an interview is required.
Barrera Legal Group can help you prepare for the USCIS Interview
Interviews are not always required for employment based adjustment of status cases, but if an interview is required, the beneficiary is expected to bring original versions of the civil documents, job offer, resume, diplomas and educational background documents, evidence of legal status in the United States and the appointment notice.
The officer will then interview the beneficiary likely as to the expected role in the company, the expected salary and questions intended to help the officer understand the noncitizen’s qualifications.
Some cases may require further review known as administrative processing which could be based on many different reasons but is most typically caused by a security concern in the noncitizen’s background that requires more thorough security checks.
Approval of the Employment Based Adjustment of Status Application.
If the case is approved, the officer will send a notice confirming approval through the mail, followed by the actual green card.
Once the beneficiary receives the green card, there are no further steps, other than to wait for the necessary period of time to consider applying for naturalization.