Green Card through an Employer


Hi my name is Jacob Sapochnick and I’m an
immigration attorney in San Diego California. In this video, I want to talk about how to
get a green card through an employer-sponsored petition. Now, most people who are here on a work visa
are aspiring to get their employers to petition for the green card and in this video I’m going
to give a quick overview with some very important tips as to how this process works and what
is the most efficient way to go through this process. The green card process of employment requires
the employer to prove to the government that the hiring of the foreign national is not
going to affect the labor of current available US workers. That is why they have to go through a process
called a labor certification or also known as perm. This is the new way to do this process. The labor certification requires the employer
to go through a process of testing the market, the labor market. The way they do it they do it through a process
of advertising. And so I have a chart here behind me the chose
case the whole process. And we’re starting basically with the perm
process the labor certification. And that process basically is the first step
or person on an H-Visa or any other visa that is currently working for the employer will
require the employer ask the employer to start the process. Now this is a this is a future position so
currently, you’re working for the employee or H-Visa or any other visa and the perm the
major process in future positions is something that you will be the employer requires to
show that once you get approved then they will comply with all those conditions. The wage or any other thing. So as we go through the perm process, the
first step is the employer has to file the prevailing wage. They file the prevailing wage so we can get
the wage that the Labor Department feels or based on their requirement the employer must
pay that wage is different then h-1B wage if you have an h-1B Visa at this point. Once they ate the wage certification comes
back that’s when the whole process starts. That’s when we have to start advertising the
position, putting together the ads with the minimum requirements that the position that
the employer requires that’s when the recruitment steps will begin. We do not recommend to start recruitment or
use any older equipment steps before the wage certifications came back. Otherwise, the Labor Department may create
issues or an audit in the future as to why everything started before the wage certification
came through. So once you have the wage certified and you
have your ads created and all the different recruitment steps typically for professional
position, we need to send the ads we need a website advertising, we need for example
something to be put on an employer’s website or the recruiters website there are many steps
in the process once all that has completed typically it takes about two months to go
through the advertising process the employee has to wait 30 days and then they filed the
perm labor certification. And these days those application can go anywhere
from 2 months or up to 6 months depending if there’s an audit or not. Once the labor certification has been approved
then the employer can file the application with the US Immigration Service so this part
of the process we are with the Labor Department, D.O.L. This is the DOL and here we are with USCIS. So the Labor Department once they have certified
the petition now we can take that petition and use that with our Immigration Department. Now if you notice there I have two lines in
my chart one called EB-2 and one is EB-3. EB-3 and EB-2 they are sections of law depending
on the person’s qualifications. Typically EB3 applicants are those that hold
at least a bachelor degree and they have up to five years of experience or the position
requires a position with the bachelors with less than five years. The EB2 is what we call an advanced degree
persons that hold a master’s or higher degree or if they don’t have a master’s they have
a bachelor degree with five or seven years of experience. If you qualify under the EB-2 category typically
your process will go faster. If you are not, a person from India, China,
the Philippines, those categories are backlogged and slow. We use, we look at the Visa Bulletin to see
where a visa is available. If you’re not from one of those countries
then if you go with the EB-2 category you incur processors will go much faster you don’t
have to wait for a visa to be able to file for an adjustment of status that’s why I show
that the i-140, the immigrant petition and the 45 the adjuastment of status petition
can be filed concurrently and this way when the process is done you’re going to be able
to get the green card in less than two years. If you are a person that qualifies under the
EB-3 category in the sense that either your job requires that or you don’t qualify education
wise whether you’re from India or China or the Philippines or any other country, right
now there’s a backlog, which means that right now the visa is not available, which means
you have to go into a line, a waiting line to wait for your visa category to be available. Which means that you can only file the i-140
the immigrant petition to qualify the position and then when your visa category is current
only then you can file for your 45 adjustments of status. Therefore, it’s important early enough in
the process right here to be able to decide whether you are going to be filing as an EB-2
to or as an EB-3 because if you don’t make that determination early enough in the process
who have severe consequences at the end. Once again it’s very important to plan the
process carefully from the start to determine whether that you as an applicant will be in
EB-2 or EB-3 category working with the employer and their attorney to make that process that
makes that planning early on the process. All in all the labor certification and the
i140-45 is the current way to be able to get a green card permanent residency through an
employer. This is pretty much the way to do it these
days, so our recommendation is to really carefully plan the process from the start to know what
is the minimum what are the minimum requirements of the employer. The employer needs to really understand planning
that with their attorney. We wish you all the best in the labor certification
and green card process if you have any questions about this video or the labor certification
process feel free to visit our website or give us a call. Thank you for watching!




Comments
  1. Hello,

    I've been living in the USA for the last 10. I established my business here in Texas 10 years ago. I came with tourist visa and overstayed my time. I want to apply for eb-2 visa to get green card. 

    My business is screen printing. I have more than 25 years of experiences with this business as I had business in Mexico as well. I have my LLC, I pay taxes, I have never left the country in more than 10 years, I have clean record, I'm also requested as family sponsored by my sister back in 2000 which is an USA citizen.

    I have read the form i 140 and I think I meet at least the 3 requiring criteria to apply for adjustment of status. It also requieres me to get a labor of certification approved by DOL.

    I'd like the support of this forum to help me out achieve adjustment of status.

    Thank you.

  2. need to give a Green Card in all country's , Whom's are travel one state to another state in the Same country need to take a Green card with the help of our Employer through Government Like Pan card division. Because In India have created lots of issued from that crowed on the politician level. lots of poor peoples are dead without any issued in India reason so many criminal's was selected this way escape from police force, they are did a crime in our state and shift to another state for our enjoyable Life…….there were not have any Low……….All WORLD is an know about place of Dubai.

  3. need to give a Green Card in all country's , Whom's are travel one state to another state in the Same country need to carry a Green card with the help of our Employer through Government Like Pan card division. Because In India have created lots of issued from that crowed on the politician level. lots of poor peoples are dead without any issued in India reason so many criminal's was selected this way escape from police force, they are did a crime in our state and shift to another state for our enjoyable Life…….there were not have any Low……….All WORLD is an know about place of Dubai.

  4. Gud evening sir
    Small dought pls clarify my dought sir
    My cousin he his greencard holder he can apply green card for his father
    If his father get green card means my uncle
    My uncle can apply green card for his sister family
    Pls reply sir

  5. can you resurrect an old H1B I had that was already at I-140/485 processing (then department was laid off)?

  6. Hello sir, I had one doubt. If the individual have to leave US while he or she has active visa and their perm is in progress before filing, will the process stop?

  7. I was a little confused about the distinction regarding availability of visas from India. If the foreign national of India is presently in the United States and she has her I-140 accepted but has to wait for her I-485 to become current….can she continue to work?

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