Barrera Legal Group can help in
applying for a green card through Employment Based
Consular Processing
In Employment Based Consular Processing 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.
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During the Employment Based Consular Processing Case, 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 Employment Based Consular Processing.
However, there are 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 to allow application of the green card through the adjustment of status process with the United States Citizenship and Immigration Service also known as USCIS. You can view Barrera Legal Group's discussion on how a noncitizen may qualify to apply for a green card through the adjustment of status process by clicking the link below.
Barrera Legal group can Evaluate
Employment Based Consular Processing
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 for the green card through consular processing as well as guiding 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. 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.
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.
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 Consular Processing First Step-Barrera Legal Group can file an Immigrant Petition or Department of Labor, Labor Certification Application.
Barrera Legal Group can help with the Employment Based Consular Processing PERM Process
In employment based consular processing 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 to obtain Employment Based Consular Processing 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 to file the labor certification application before the validity expires.
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Barrera Legal Group can help through the Employment Based Consular Processing Recruitment Period
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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 for a professional position requiring a degree, the employer must also perform additional recruitment steps. 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 Consular Processing 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 Consular Processing 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 Employment Based Consular Processing is to have the qualifying petitioner submit the initial green card petition with USCIS, known as an I-140 petition.
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Employment Based Consular Processing Second Step-Barrera Legal Group can apply for the Immigrant Visa in Employment Based Consular Processing Cases.
Employment Based Consular Processing |
Barrera Legal Group can help in Submitting the Form DS-260
Upon processing and approval of the initial immigration petition, I-140 with USCIS, USCIS notifies the Department of State of the approval. However, the Department of State will only proceed with the case when the filing date also known as the priority date on the initial immigration petition is current where the Department of State is processing immigrant visa applications with immigration petitions 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.
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Once the priority date is current, the case is then taken by a Department of State sub-office, known as the National Visa Center or the NVC. The NVC will then create a case for the noncitizen beneficiary where the noncitizen can proceed to apply for the immigrant visa using the NVC’s system known as the Consular Electronic Application Center (CEAC). Once the case is created in the CEAC, the noncitizen and petitioner will be instructed to pay the Immigrant visa application fees.
The immigrant visa is the travel authorization document that will be stamped in the beneficiary’s passport to allow the beneficiary to enter the United States to come and live in the United States as a legal permanent resident.
After the fees are paid, the next step in family based consular processing is for the applicant to fill in the online application known as the DS-260 and upload what are known as the civil documents in support of the application to the CEAC system. Civil documents are typically biographical type documents such as birth certificates, marriage certificates and passports.
Once all required documents have been uploaded and the DS-260 has been completed, the NVC will begin to review the application and supporting documents to determine whether the application is documentarily complete to schedule the immigrant visa interview at the consulate post.
If the application is determined to be complete and the interview date is scheduled, the case will then be sent from the NVC to the Consular Post for the review and final decision by a consular officer.
Barrera Legal Group can help prepare for the Consular Interview to successfully complete Employment Based Consular Processing
Before the interview, the noncitizen beneficiary and any derivative applicant are required to schedule a medical appointment with an authorized physician in the country where the interview will take place. This exam must be with an embassy-approved doctor, also referred to as the Panel Physician
At the interview, the beneficiary will be fingerprinted and is expected to bring certain documents such as original versions of the civil documents, job offer, resume, diplomas and educational background documents.
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. The officer will then determine whether to approve or deny the application. If denied, it may be that the officer requires additional information or documents before making a decision and will advise the beneficiary of the additional information or documents needed and how to provide them.
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 and completion of Employment Based Consular Processing
If the case is approved, the officer will provide instructions on when the Passport and Visa will be returned or ready for pickup after the interview completing Employment Based Consular Processing.
Once the beneficiary receives the passport and visa, he must travel to the United States no later than the visa expiration date printed on the visa.
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Once the beneficiary enters the United States, he will be processed by Customs and Border Protection where upon entry into the United States, the beneficiary is now considered a lawful permanent resident or a green card holder. There will be no further steps to take other than to wait for the green card to arrive in the mail.
Click here to see more Barrera Legal Group articles about the green card.
