If you are wondering about the employment-based green card processing timeline, read this article. It will help you understand the process and benefit from employment-based adjustment of status. Moreover, the process is outlined in this guide.
Form I-485 Processing Time – Complete Guide
During the initial phase of the application process, you will need to submit Form I-485. This document outlines the details of your application for permanent residence. This process will take anywhere from eight to fourteen months, depending on the type of visa you are applying for.
After filing this form, the adjustment of the status interview will be scheduled after 6 to 12 months. Afterward, your interview will be held at the nearest USCIS application support center.
To qualify for the employment-based preference category, you must have an EB-1, EB-2, or EB-3 visa. In addition to the EB-1 category, you must file a Form I-485 to register for permanent residence.
The longer it takes to process your application, the higher the chances it will be denied. However, if you meet all of the requirements, there are chances that you can be granted permanent residence within a year.
Benefits of Employment-Based Adjustment of Status
Many immigrants apply for a green card through employment-based adjustment of status. This process can be extremely beneficial as it allows immigrants to stay legally in the United States and obtain employment authorization for family members.
In addition, it allows the status applicant to fend off challenges from the government while in the country, allowing them to file for permanent residency more quickly. Remember that to get an immigrant visa from a nonimmigrant visa; you’ll have to meet all the requirements for permanent residence.
One of the primary benefits of applying for an employment-based adjustment of status is that you can file for an advance parole document and work legally in the U.S. while you wait. This allows you to reenter the country without a visa and protects your AOS application from being abandoned.
The wait time for an employment-based green card application can be years. During this time, these are a great benefit as they allow you to work in the U.S. legally for a while.
Before applying for an employment-based status adjustment, you should have a valid EB-1 visa, EB-2 visa, or EB-3 visa. It’s also necessary to have your current status in the U.S., which is typically in the EB-3 category. You can then file for an adjustment of the status application using Form I-485. If approved for an adjustment of status, you will need to attend an interview.
Employment Authorization Document EAD Card
Once applicants have filed their green card and i-485 application, they should start preparing for the Employment Authorization Document (EAD) process. This document essentially acts as a work permit for non-citizens. Depending on the USCIS Service Center, it may take five to seven months to process the application.
Filing the Employment Authorization Document (EAD) application does not affect the processing timeline of the green card and i-485 applications. The processing time for EAD card and green card applications depends on various factors, including the status of the petitioner and the USCIS Service Center. A few factors can determine the processing time, including the applicant’s status, relationship to the petitioner, and the waiting list for an immigrant visa.
The employment authorization document (EAD) is required for certain categories of immigrants, such as lawful permanent residents, refugees, students, and people in temporary protected status. A Green Card is also required if a person holds a job permit from another country. You will also have to pay only a one-time fee if the application is filed concurrently with a Green Card.
Employment-Based Green Card Types and Processes
The Employment-based green card type and process allows certain foreign nationals to become lawful permanent residents by applying for a Green Card. Under this process, a foreign national has to be offered a permanent job in the United States by an employer who sponsors them. Here are some types of Employment-based green cards:
#EB-1 Visa for Priority Workers
The EB-1 Visa for Priority Workers is a special type of visa that highly skilled foreign nationals can use. It offers special advantages to those who may not otherwise be eligible for the visa. Priority worker status is also granted to certain applicants who demonstrate extraordinary ability in a field with widespread acclaim. These individuals are sometimes referred to as Einstein visas because they possess extraordinary knowledge in a particular field.
Priority workers can apply for the EB-1 visa without any labor certification process, as long as they have worked in their field for the last three years. The EB-1 visa has a shorter waiting time, so you may qualify even if you have no job offer.
Priority worker visas also do not require an employer’s labor certification, and some renowned professors can apply for the EB-1 visa without an employer sponsor. EB-1 visa applications tend to have greater scrutiny from USCIS, so it is recommended that you seek out an immigration attorney. This is a vital step towards a successful green card.
#EB-2 Visa for Advanced Degrees
You can apply for an EB-2 Visa for advanced degrees in employment-based green cards if you have an advanced degree. The EB-2 Visa is for foreigners with a baccalaureate degree, an advanced degree, or a master’s or doctoral degree.
You must have a job offer in the U.S., a doctorate or a master’s degree, and at least five years of progressive work experience. It would be best if you also had a job offer from a company offering the position, and you must have an extraordinary ability to perform that job.
The EB-2 visa is one of five employment-based green cards. You must have a bachelor’s degree or higher and at least five years of progressive work experience. The government allocates about 40,000 green cards each year. You must have a job offer before applying for the EB-2 Visa.
You can apply for an EB-2 green card for advanced degrees in employment-based green cards through the Foreign Labor Certification Process. If you have a higher degree and a job offer, you can apply for an EB-2 Visa for advanced degrees.
#EB-3 Visa for Skilled Workers and Professionals
The EB-3 Visa for skilled workers and professionals is intended for highly skilled individuals with two or more years of education or training. The applicant must also hold a permanent job offer from a U.S. employer in the field in which they intend to work.
The EB-3 Visa for skilled workers and professionals is a popular immigration option for those whose jobs require specific training and experience. It allows foreign workers to live and work in the United States permanently without needing an EAD or work permit. This visa also permits workers to switch employers after a few years. As long as they pay all taxes in the U.S., they can travel freely within the country and live in different states than where they originally arrived.
Green Card interview for employment status adjust
You need to know many things before a Green Card interview for employment status adjustment. First, you must have all the necessary documentation.
Although the government only grants a limited number of green cards each year, it can help you in your future citizenship application. Additionally, the interviewer will want to review all the documents and copies of your immigrant petition. After this step, you will have to answer questions about your proposed employment and living status.
Once you have your adjustment of status packets ready, you can submit them to USCIS. You will be placed in a long line to schedule your interview. The USCIS will send you a receipt notice for the forms you submitted.
This receipt contains the A-number you need to contact the agency and check on the status of your case. Generally, you can expect to receive your receipts within two to three weeks of filing your application.
Do I need to Maintain my Nonimmigrant status?
If you are a non-U.S. citizen, it’s important to maintain your legal status while in the country. If you don’t do so, you may be subject to removal. Similarly, if you are on a temporary visa, you must maintain your legal status to renew or change it.
In general, if you filed for adjustment of status (I-485) and got a decision on your case, your nonimmigrant status will remain. However, you must continue to meet eligibility requirements for your nonimmigrant status to be able to apply for permanent residence.
Green Cards for Employment
The United States grants approximately 140,000 green cards for employment-based immigration each fiscal year. This includes the applicant’s family members. The government separates these immigrants into five preference categories based on their skills, experience, and ability. Each type of green card is specific to the type of worker it admits and the processing preference.
While i-485 processing time is generally faster, the process does take some time. EB-2 green cards require applicants to have advanced degrees and exceptional business, art, or science abilities.
The National Interest Waiver process allows a qualified applicant to circumvent the PERM labor certification process. EB-2 processing time is typically dependent on the employer and job type. However, NIW applicants do not qualify for premium processing.
Green Card Processing Time – Permanence
USCIS issues work permits and green cards to foreign nationals. Processing times vary depending on the eligibility category, USCIS office, and many other factors. Visit the USCIS Processing Times website for up-to-date processing times. You can choose your preferred USCIS field office and Form I-485 to determine how long it will take to process your green card. It takes around 2 to 3 years for a green card to process!
Depending on your country, you may have to wait a long time for employment-based green cards, which can also be reduced with a premium processing service with a premium processing fee of $1,225.
The process will include processing your I-485 form, obtaining your prevailing wage, and getting your green card. Once your application is approved, you will receive your permanent residence card and stamp on your passport. You must remain a lawful permanent resident to receive benefits and work during this time.
Why choose Herman Legal Group?
If you are facing a tough job situation in the United States, you should consider contacting a qualified immigration attorney for assistance before going for a biometrics appointment. Employment-based green cards can be a long process, but with the right attorney by your side, you can get the status you need.
Let us help you take the stress and anxiety over the immigration process. With decades of experience representing clients in the Employment-Based Green Card program, the Herman Legal Group can effectively navigate this complex immigration process. Moreover, our lawyers are experienced in all areas of immigration: family, employment, investor, deportation defense, and citizenship. Our attorneys are well-versed in the complex requirements of employment-based green card immigration.
Schedule a consult with one of the experienced immigration lawyers at Herman Legal Group by calling 1-800-808-4013 or 1-216-696-6170 or booking online. Consultations can be conducted by zoom, skype, WhatsApp, facetime, or in-office.