Step by Step Approach to get Green Card for H-1B and L-1B on EB-2 and EB-3 Category:
Most of the H-1B visa holders and L-1 visa holders are interested to obtain Green Card. So employers process green card for them to retain them as employees for a longer term. When a recruiter knows more about GC, it will be easy for them to explain and attract candidates to join with their employer. At the same time, candidates should also know about Green Card Process so that they can ask more questions to the current employers or future employers.
For H-1B and L-1 visa holders, Employers usually process Green Card with EB-2 or EB-3 category. Employers approach attorneys or prepare with employer’s salaried attorneys. In our example, we have illustrated as if the employer’s attorneys are preparing green card case. Few small sized US staffing companies don’t have the default requirement or job description to file Prevailing Wage with US Department of Labor. After the candidate joins with them, they understand the candidate’s profile and create job duties and requirements.
Few companies, process the green card for their future employees. This usually happens for their known ones.
PERM, I-140, and I-485 are 3 important steps in GC process but for more readability and understanding purpose, we have split GC process into 10 important steps and in the diagram we have displayed it in 8 different steps.
STEP BY STEP US GREEN CARD PROCESS FOR H-1B, L-1B CANDIDATES ON EB-2 and EB-3 CATEGORY:
Step 1: Employer sponsors Green Card for a Candidate for their job requirement. So they prepare requirements, job duties based on their needs.
Step 2: Employer prepares Prevailing Wage Request form and submits (PWD) with US Department of Labor. PWD forms has several sections to be filled out, but the core section are job duties and requirements.
Step 3: If everything is okay, US Department of Labor issues Prevailing Wage Determination.
Step 4: Employer advertises the requirement in US Government Websites, Websites, Newspapers, Radio etc. and candidates who are interested apply for that job requirement. Employer interviews and selects candidate.
Step 5: PERM form has several sections and employer takes the important information from PWD and Advertisement, fills out the candidate’s information, other sections in PERM and files it with US Department of Labor.
Filing Date is the important one, which is called as Priority Date. This filing date will help candidates to extend their employment visas (h-1b) and to retrieve information about waiting time to get Green Card and immigrant visa number.
Step 6: US Department of Labor approves PERM.
Step 7: Employer files I-140, Immigrant Petition for Alien Worker. The I-140 approval can be expedited through Premium Processing.
*****EAD, Advanced Parole, and I-485 can also be applied long with I-140.
Step 8: If everything is ok, USCIS approves I-140.
Step 9: Employer files I-485. Candidate has to go for Bio-metrics and Medical Exams. In some situations there will be no waiting period and medical exams have to be taken earlier.
Step 10: USCIS approves I-485 and finally candidate gets Green Card.
US Green Card Questions Finance Department