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.
Step 9: Prepare for and attend interview with USCIS officer About 12 months after filing the paperwork, we will receive an interview notice. Again, we're assuming that the worker is already in the U. USCIS's posted time frame for acting on I applications as of early is anywhere from eleven to 32 months, depending on green card category and the service office where the I application is filed.
This is longer than in past years, in part because under the Trump Administration, USCIS began requiring in-person interviews for all employment-based I applications. Therefore, if priority dates retrogress move backward , USCIS will hold the application until the priority date becomes current again. Due to the common priority date backlog for nationals of India, China, Mexico, and the Philippines, these foreign workers often have to wait several years for USCIS to approve their petitions.
Along with the above time frames, it is important to consider the costs of employer sponsorship. Immigration law mandates that the employer pay ALL of the costs associated with the PERM process including the costs of advertisements and any legal fees. Violating this law can cause serious consequences for the employer. Additionally, although it may take years for the foreign worker to obtain the actual green card, in most circumstances the foreign national is able to work for the employer during this entire process.
There are multiple temporary work visas available to employers wishing to hire foreign works, such as the H-1B visa and O-1 visa. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service.
Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. Meet the Editors. Learn about the steps and typical processing times when petitioning a foreign-born worker for U. Overview of Likely Sponsorship Timeline It typically takes at least a couple of years for a foreign worker to obtain a green card.
The usual green card process involves three steps: Successful completion of the permanent labor certification on behalf of the foreign worker referred to as the PERM process. This can take anywhere from six months to several years to complete. Obtaining approval of the I petition on behalf of the foreign worker. For those maintaining H or L status, the advance parole can be used as a travel document and the H or L approval notice can be used to establish authorization to continue working for the sponsoring employer.
EAD would only be required if the principal wanted to work beyond the scope of his or her H or L. One of the main risks of concurrent filing is associated with not maintaining a valid, non-immigrant status.
While proper filing of the I does grant permission to remain in the U. Should the underlying I be denied, the I will also be denied, and applicants who have not maintained a valid, non-immigrant status will no longer have a lawful basis to remain in the U. Issues relating to maintenance of status may be very complicated, and vary depending on the type of non-immigrant status each applicant holds.
In many cases, we advise maintaining a non-immigrant status at least until the I is approved. Not always. Because of constantly-changing processing times at the Service Centers and the dozens of consular posts which handle applications for immigrant visas, it is impossible to generally state that concurrent processing is always faster, or always slower, than consular immigrant processing.
To date, that has not been the experience of our office. Generally, if an I is filed seeking to classify a foreign national as an alien of extraordinary ability and a separate I is filed requesting a national interest waiver for the same foreign national, he or she may submit, at the same time or subsequently, an I with one of the I petitions. The first caveat is if the I accompanies the extraordinary ability I, but the national interest waiver I is approved first, USCIS will not transfer the I to the approved I until the extraordinary ability I has been adjudicated.
Employment Authorization: This is available for the principal, as well as dependent family members. This means that H-4, O-3, or TD dependent family members who are prohibited from engaging in employment may apply for employment authorization as AOS applicants. EADs are usually valid for a period of one year. And may be extended in one year increments until the AOS is adjudicated.
The advantages to doing so include longer work authorization validity periods, and maintenance of nonimmigrant status in the unlikely event the AOS is denied. EADs provide an essentially unrestricted right to engage in employment or to be self-employed. However, the local CIS District Offices do retain jurisdiction to adjudicate advance parole applications in emergency situations i.
Other nonimmigrants, e. Police certificates not required: An applicant for consular processing must provide police certificates, if available, from every country in which the applicant has lived for six months or more since attaining the age of AOS applicants must be fingerprinted for FBI and related agency processing, and must provide extensive records of any arrest or conviction, if any, but do not need to provide police certificates from abroad.
An attorney may be present if an interview is scheduled. In the event of an interview at a local CIS office, an attorney may accompany the applicant to the interview. In contrast, an attorney will usually not be present at the immigrant visa interview abroad.
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