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Perhaps you applied for a work visa and were approved! There are many nonimmigrant visas that grant work authorization, so maybe you have one of the following: E-1 treaty trader visa, E-2 treaty investor visa, H-1B visa for professionals, the L visa for multinational executives and managers, the O visa for people with extraordinary ability in their field of expertise, the P-1 visa for athletes and entertainers, or the R-1 visa for religious workers.
But now that you have a work visa, what's next? Have you ever wondered, "How can I get a GREEN CARD through work?"
This article will focus on the labor certification, or "PERM," which is essentially a three-step process that provides a path to lawful permanent residence (i.e. a green card).
Most people who file a PERM will fall in the EB-3 category (Skilled workers, professionals, and other workers), where, since April 2013, the wait to apply for a green card has decreased from nearly 6 years to only 1.5 years!
If the beneficiary holds an advanced degree or a bachelor degree plus five years of progressively responsible experience, he or she may fall under the EB-2 category, which is typically an even faster process.
The steps are as follows:
Step 1 - RECRUIT and file the PERM: The employer recruits for an open position, receives resumes, and determines whether there are any willing, able or qualified workers to fill the position. If there are no qualified U.S. workers, the employer files a labor certification application (a.k.a. PERM) with the Department of Labor (DOL). If all goes well, the DOL will then certify the position, thus approving the PERM application. This process takes approximately 6 to 9 months.
Step 2 - the I-140 petition: The employer submits an I-140 petition with the approved PERM to U.S. Citizenship and Immigration Services (USCIS) with proof of the beneficiary's education and/or experience qualifying him or her for the position, as well as proof of the employer's ability to pay the required wage. According to currently posted USCIS processing times ( https://egov.uscis.gov/cris/processTimesDisplay.do), this phase of the process takes approximately 4-6 months.
Step 3 - The Green Card Application: The beneficiary and dependent family members submit their green card applications.
Starting a green card process soon after obtaining work authorization may also help save future costs. For example, if somebody is in H-1B status valid for an initial period of 3 years, he or she may be able to file a PERM and obtain a green card before having to incur the costs of renewing H-1B status for an additional three years.
Feel free to contact our office at 786-406-1744 or info@ratzanlaw.com if you have any questions about the H-1B visa, or about immigration laws in general.
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