Securing a PERM Certification
by Admin
Posted on 11-10-2023 12:41 PM
As long as the eligibility criteria has been satisfied, the employee — and their employer — may apply for the
eb-2
visa. In this section, we’ll break down the application process into 4 basic steps:
securing a perm certification
give advance notice to employees
following these pre-filing steps, the employer may then fill out and submit the application for the permanent labor certification.
Preparing and Submitting the Green Card Application
The immigration process can be tricky, and understanding the immigration laws can make this process easy. You may face difficulties in the immigration process, and you may want to give up, but before giving up, give a chance to an expert and experienced immigration attorney that can handle your case well. Herman legal group law firm has 15 years of experience providing immigration services to its clients. We assist our clients in online perm application and drafting and submitting the i-140 petition.
Visa processing documentation and adjustment of status services are also provided by herman legal group law firm.
The last step in the green card (permanent residency) process is submitting an “adjustment of status application” to the uscis. Can applicants stay in the us while waiting for their adjustment of status (aos)? yes. They can stay in the us while their applications are being processed – even if their visas expire. Here are the uscis policies on how visa applicants are subject to immigrant visas while they’re waiting to fill their aos applications. Applicants also need to obtain travel permissions if they wish to travel while their aos applications are pending. Applicants do get the right to receive employment certifications.
Employment-Based Immigration: Second Preference EB-2
Not all employment-based immigrant visa petitions require the perm process. Since perm is costly, difficult and time-consuming, employers should make sure that an applicant is not eligible for a perm-exempt category before moving forward with the green card process. The following categories require a certified perm labor certification before an immigrant visa and/or application for adjustment of status can be filed: eb-2: all eb-2 categories except national interest waiver cases require perm eb-3: all third preference employment-based immigration petitioners require perm the following categories do not require perm: eb-1: all eb-1 categories, including eb-1a extraordinary ability petitions, eb-1b outstanding researcher or professor petitions, and eb-1c intra-company transferees for multinational executives.
To be qualified for eb2 niw (national interest waiver), one must first meet the requirements of the eb2 category (second preference employment-based immigration), which can be satisfied in one of two ways: (1) eb2 “advanced degree” — eb2 advanced degree can be satisfied by having (a) any advanced degree beyond a baccalaureate degree (including a u. S. Or foreign ph. D. , a u. S. Or foreign master’s, or md/mbbs) or (b) by demonstrating that you have the “equivalent” to an advanced degree (namely, a baccalaureate degree plus five years of progressive work experience in your field of expertise). Although your case under eb2 advanced degree would generally be somewhat stronger with a ph.
The eb2 visa, or eb2 green card, is a second preference employment-based visa that allows for permanent resident status. It is available for foreign nationals who hold an advanced degree or equivalent. You must also prove your “exceptional ability”, meaning significant expertise in your field. There are three tiers of eb-2 visas: eb-2a visa (advanced degree) eb-2b visa (exceptional ability) eb-2c visa (national interest waiver) the u. S. Immigration department allocates only 40,000 green cards for each category every year. All the information about the number of available permits is listed in the eb2 visa bulletin. In addition, you must also meet the requirements specified in your labor certification if applicable.
The eb-1c allows executives and managers at multinational companies to transfer to a u. S. Office permanently. The eb-1c is a common path for l-1a visa holders, but foreign nationals without a u. S. Visa also often qualify by meeting the requirements. Uscis recently introduced premium processing for eb-1cs, which speeds up the overall eb-1c process. Unlike the eb-1a and eb-1c, the requirements for the eb-1c are not very flexible. Instead of meeting a selection of criteria, the eb-1c has very specific requirements for applicants (and their employers). To qualify, you must have worked as an executive or manager in your company's foreign subsidiary for at least one year in the past three years, and you must have an offer for an executive or managerial role with the same company in the u.
Form i-140, petition for alien worker: this is the main form required for an eb-2 visa application. The cost of form i-140 is $700. Form i-485, application to register permanent residence or adjust status: this form is required if the applicant is already in the united states and wants to adjust their status to permanent residency. The cost of form i-485 is $1,140. Form i-864, affidavit of support: this form is required to show that the applicant has sufficient financial resources to support themselves and their family while in the united states. The cost of form i-864 is $120 if the applicant fails to provided this form there case will not proceed any further.
Obtaining a visa is complex and often takes an indefinite amount of time. Even when you have all your paperwork organized, you may still experience hiccups along the way. The eb-2 niw visa allows highly skilled foreign nationals to bypass the traditional labor certification process and self-petition for a visa. This can lead to permanent residency in the united states and provide long-term benefits for the visa owner and their family. When applicants meet unexpected difficulties, an eb-2 niw visa lawyer can help with the application process. Contact imm solutions llc today for a free consultation with a boston work visa lawyer.