Can Employer sponsored green card be a legal immigrant visa granted by your employer? Depending on the type of job you hold and your country of birth, this process can take anywhere from 6 months to ten years. The longest part of the process is waiting for the immigrant visas to be allocated by the U.S. government.
What is the Process and Costs of Sponsored green card?
When choosing to sponsor someone for a green card, it’s important to consider the employer’s obligations. Sponsoring a green card candidate will require the employer to find a permanent job. This job does not necessarily need to be the same position the employee held before starting the process. However, it must be a permanent role. The sponsoring employer must also prove that the job cannot be performed by any other American worker.
The cost of a green card process and fees are complex and can only be determined by an experienced immigration law attorney, but there are a few things that can be considered. First, the cost of PERM process is going to cost the employer around $4000 to $7000. This is a labor certification application filed by the employer.
The employer is responsible for paying all costs associated with obtaining permanent labor certification from DOL. In addition to attorney fees, the employer must also pay for advertising and recruiting. As a result, the total cost of the employer-sponsored green card process can be quite high.
Basics of the Employment-Based Green Card Process
The US government grants approximately 140,000 employment-based green cards each fiscal year, including the family of the applicant. Applicants fall into one of five preference categories based on their skills, experience, and ability. The process is different for each preference category, but there are some basic differences.
The three phases of employment-based permanent residence are PERM labor certification, I-140 Application, and I-485. Each step requires the assistance of a qualified immigration attorney. These three steps must be completed in sequence to obtain permanent residency. Let’s take an individual look at them:
PERM Labor certification application
The PERM Labor Certification process is an employer-sponsored green card application. It is important to note that the PERM application process is separate from the nonimmigrant visa process. In this case, the employer is responsible for all the costs involved.
This includes hiring, recruiting, and training costs. Additionally, the PERM process may affect the nonimmigrant visa application. For this reason, it is crucial to understand all the details before you begin the process including prevailing wage determination.
Generally, a job offer must be extended to a foreign national and the employer must then determine whether a PERM labor certification is necessary. This application is only appropriate when no qualified American workers are available.
The job must be advertised locally or publicly. Qualified American applicants should be given preference over the foreign beneficiary. However, if there is a legitimate reason why an American applicant is more qualified, the employer may choose the PERM labor certification process.
The employment-based green card process is usually made up of three steps. The first is PERM Labor Certification. This process involves an employer posting a job vacancy, reviewing resumes, and determining whether the job requires a foreign national only with extraordinary ability. If the foreign national has extraordinary skills, they may be eligible for employment-based permanent residence status in the US.
I-140 Application for Immigrant Visa and Ability to Pay
If you are looking to immigrate to the U.S. and are seeking employment, you will need to submit Form I-140, Application for Immigrant Visa, and Proof of Ability to Pay. This application is required for certain visa categories.
The employer must submit evidence that demonstrates their ability to pay the stated wage at the time the priority date is established. This evidence will be required until the beneficiary obtains lawful permanent residence.
If the employer has more than 100 employees, the financial officer statement is required. The net income figure must be greater than the wage listed on the I-140. Proof of ability to pay is a vital requirement of the application. After this step is done you can either move to the next step or wait for instructions from the national visa center.
I-485 Adjustment of Status
Applicants for the I-485 Adjust status need to be in the United States and eligible for permanent residence. In this process, the applicant’s family can also apply for permanent residence and adjustment of status with a DS-260 application. However, every date will be given a different priority date after being filed by the USCIS service center.
If you qualify for adjustment of status, your application will be approved and you will be a permanent resident within a few months. However, there may be changes in your situation that may impact your application. This process is intended only for certain individuals, including immediate family members, spouses, and more.
You should check with your immigration attorney for more information about eligibility and how to apply. Depending on the type of work, the I-485 adjustment of status can take as little as six months or as long as 9 months.
Employment Green Card Options
The Green Card process requires a sponsoring employer to hire foreign nationals for a position in the United States that meets EB-2/EB-3 PERM requirements. Employers must be located in the U.S. and have a legal presence there.
There are two main phases of the green card process. First, the process begins with the application for a green card. This application involves an application for a green card and a petition for adjustment of status. The employer will pay for the I-485 Adjustment of Status application on behalf of the employee. Once the petition is approved, the employee may change jobs. After 90 days, they may be eligible for a green card.
Next, the employer must decide what kind of green card to issue. In general, EB2 visas are for those with advanced degrees. In contrast, EB3 visas are for skilled workers. The appropriate visa classification will depend on the specific duties of the job. Advanced degree positions, like a doctor, will typically fall under the EB2 category. Other types of sponsored green card processes may include a national interest waiver.
How Long the PERM Process Will Most likely Take?
If you’re looking to apply for permanent residency, there’s a good chance that your PERM application is one reason you’re waiting so long. As long as you follow the instructions carefully, you can expect your application to be processed within five to six months. But, it is important to note that the PERM process is not an easy one.
First of all, the application process must be completed thoroughly. It must meet a series of strict requirements, including explaining the necessary education, experience, and skills for the position. Additionally, the employer must file a prevailing wage request, which indicates the minimum wage the beneficiary must earn in the U.S.
Depending on the location of the job, the employer must conduct an extensive recruitment process. This includes posting many advertisements in different locations, interviewing potential U.S. workers, and completing an ETA-9089 form. After the PERM application is approved, the employer must submit it to the USCIS.
The application process involves complex strategies and technical steps, and there are strict deadlines to meet. This process takes about five to six months, and if it isn’t done correctly, the whole process can take more than one year or so!
I-140 Processing Timeline
While the I-140 processing timeline varies from one service center to another, the overall process usually takes about six months. The length of time it takes to approve an application depends on the category the petition is filed under, as well as the service center where it is filed.
Although it is difficult to predict the exact processing times, employers should consider the amount of time it will take to complete the green card process. USCIS processing times vary by category, so it’s important to determine which category you fall into before applying. The time can be extended from the expected time if the Department of Labor audits the information provided.
Hiring a Law Firm for the Employer-Sponsored Green Card Process
Are there benefits to hiring a legal firm for sponsored green card process? The benefits are numerous.
First, a lawyer will be knowledgeable and well-versed in the specific process involved in applying for and receiving an employment-based green card. This lawyer will be familiar with the process and the necessary documents for applying.
Second, a citizenship and immigration services legal firm will be familiar with the requirements and deadlines required to file for the Employer-sponsored green card process.
The main advantage of hiring a law firm for the green card process is the ability to get a faster green card approval. Many applicants don’t realize that the lawful permanent residence application process can be lengthy, confusing, and time-consuming.
Regardless of your situation, a legal firm will be able to help you navigate this difficult process. A legal firm that understands the ins and outs of the Employer-sponsored green card process will be able to provide the assistance you need.
Another advantage to hiring a law firm for the green card process is the cost savings. While you will pay for the firm, you will be able to save time and money while avoiding aggravation. Hiring a law firm will save both you and your employee time and money, and a reputable legal firm will be happy to consult with you and your employer during this complex process.
#Better understanding of the process
Lastly, the green card process is a complex one. The right lawyer can guide you through the entire process step by step. A legal firm will make sure that you understand all the requirements and submit accurate agency documentation. A legal firm will help you navigate the process and make it as painless as possible. It is worth the time to hire an immigration attorney, especially if you’re worried about completing the process yourself.
Why Choose Herman Legal Group for Green Card Process?
The Herman Legal Group, LLC, is an award-winning immigration law firm that provides effective immigration services. The firm has been in business for over 25 years, and the staff is dedicated and skilled.
The firm provides comprehensive immigration services, including employer sponsorship. Herman Legal Group, LLC also offers services in areas other than immigration. The attorneys are experienced in helping clients get their green cards and other immigration benefits. Herman Legal Group has the skills and experience to get your case approved quickly. Our lawyers are experts in Employer-Sponsored Green Card Processing and will be able to guide you through the entire process.
Schedule a personal consultation with Attorney Richard Herman by calling 1-216-696-6170, or by booking online. Consultations can be conducted by zoom, skype, WhatsApp, facetime, or in-office.