1. What are the different types of EB-2 and EB-3 Green Card categories?

EB-2 Green Card:

1. Advanced degree professionals
2. Individuals with exceptional ability in the sciences, arts, or business
3. National interest waiver

EB-3 Green Card:

1. Skilled workers
2. Professionals with a bachelor’s degree, or foreign equivalent
3. Unskilled or other workers

2. What criteria must I meet to be eligible for an EB-2 or EB-3 Green Card?

In order to qualify for an EB-2 or EB-3 Green Card, you must meet certain criteria.

To be eligible for an EB-2 Green Card, you must have:
-A job offer from a prospective employer in the United States;
-A bachelor’s degree or higher; or
-Five years of experience in a field that requires at least two years of training or experience.

To be eligible for an EB-3 Green Card, you must have:
-A job offer from a prospective employer in the United States;
-A high school diploma or equivalent;
-Two years of experience in a field that requires at least two years of training or experience;
-Ability to speak English at a basic level; and
-Proof of any applicable licenses or certifications.

3. Are there any special requirements for an employer to sponsor an employee for an EB-2 or EB-3 Green Card?

Yes, employers sponsoring an employee for an EB-2 or EB-3 Green Card must demonstrate that they are able to pay the prevailing wage for the job and that there are no qualified US workers available to fill the position. Additionally, employers must prove that the employee has the requisite education or experience for the position and must file a Labor Certification Application on behalf of the employee.

4. What documents do I need to submit for an EB-2 or EB-3 Green Card application?

For an EB-2 or EB-3 Green Card application, you will need to submit the following documents:

• An I-140 Immigrant Petition for Alien Worker form
• A valid passport
• A completed and signed Form I-485, also known as an Application to Register Permanent Residence or Adjust Status
• Three passport-sized photographs
• Evidence of any educational or professional qualifications or credentials (e.g., copies of diplomas, transcripts, professional licenses, certificates etc.)
• Evidence of any work experience or employment (e.g., contracts, letters of recommendation from employers, pay stubs etc.)
• Evidence of any prior immigration status (e.g., copies of visas and other documents)
• Proof of financial stability (e.g., bank statements, proof of assets etc.)
• Any other relevant documents that may help to support your application.

5. Is a family member allowed to accompany me when I apply for an EB-2 or EB-3 Green Card?

No, family members are not allowed to accompany you when you apply for an EB-2 or EB-3 Green Card. The only exception is if the family member is a child under the age of 21 and is listed as a dependent on your application.

6. Are there any filing fees associated with applying for an EB-2 or EB-3 Green Card?

Yes, there are filing fees associated with applying for an EB-2 or EB-3 Green Card. The filing fee for the Form I-140 petition in the EB-2 category is $700 and the filing fee for the Form I-140 petition in the EB-3 category is $580. Additionally, applicants must pay a fee of $750 for biometrics services when they submit their application.

7. How long does it take to process an EB-2 or EB-3 Green Card application?

It typically takes 6 to 18 months for the U.S. Citizenship and Immigration Services (USCIS) to process an EB-2 or EB-3 Green Card application. Processing times vary depending on the applicant’s location, case type, and current processing workload at the USCIS.

8. How can I check the status of my EB-2 or EB-3 Green Card application?

You can check your application status online using the USCIS case status tool. You will need to enter your Alien Registration Number (A-Number) and your full name in order to check the status of your application. You can also call the USCIS National Customer Service Center at 1-800-375-5283.

9. Can I change my job if I have an approved EB-2 or EB-3 Green Card application?

Yes, you can change your job if you have an approved EB-2 or EB-3 Green Card application. However, to maintain your immigration status, you must ensure that your new job is in the same or similar field as your original job and is related to the approved immigrant petition.

10. Is there a limit to the number of visas available for each category of the EB-2 and EB-3 Green Cards?

Yes. The U.S. Department of State has set annual limits on the number of visas available for each employment-based green card category, including the EB-2 and EB-3 categories. These limits are known as the “per-country caps” and are set at seven percent of the total number of employment-based visas available in a given year. For the fiscal year 2020, the per-country limit for the EB-2 category is 25,620 and the limit for the EB-3 category is 25,620.

11. Can a person already holding a U.S. work visa apply for an EB-2 or EB-3 Green Card?

Yes, a person already holding a U.S. work visa can apply for an EB-2 or EB-3 Green Card. Depending on the qualifications of the individual and the country of origin, the individual may be eligible to apply for either an employment-based second preference (EB-2) or third preference (EB-3) immigrant visa. Individuals in the United States on a work visa usually must apply for a labor certification through their employer in order to qualify for the Green Card preference category.

12. Are there any restrictions on the type of employment I may take up while awaiting approval of my EB-2 or EB-3 Green Card application?

No, there are no restrictions on the type of employment you may take up while awaiting approval of your EB-2 or EB-3 Green Card application. However, you must continue to meet all the eligibility requirements for the Green Card category you are applying for.

13. What are the different types of Labor Certification that may be required for an EB-2 or EB-3 Green Card application?

The types of labor certifications that may be required for an EB-2 or EB-3 Green Card application include:

– Permanent Labor Certification (PERM): This program is administered by the U.S. Department of Labor in order to recruit foreign workers for permanent jobs in the U.S. The employer is required to demonstrate there are no qualified U.S. workers available by advertising the position and conducting other recruitment efforts.

– Schedule A Group I and II Labor Certifications: These labor certifications are for certain medical and physical therapists, nurses, and other professional occupations.

– Employer-specific Labor Certifications: These labor certifications are for employers who are willing to sponsor an employee from abroad. These certifications are often used when employers wish to hire someone with specialized skills or experience that is not available in the U.S. labor pool.

– National Interest Waivers: These labor certifications are for individuals whose skills are in the national interest of the United States, such as people with exceptional abilities in science, art, education, or business.

14. Are there any special requirements for people applying for a National Interest Waiver under the EB-2 category?

Yes. People applying for a National Interest Waiver under the EB-2 category must meet the following requirements:

1. Demonstrate that their jobs are in an area of substantial intrinsic merit.
2. Demonstrate that their proposed activity will benefit the U.S. in an area of national or international importance.
3. Demonstrate that their work is of a national interest so great that it outweighs the national interest of protecting U.S. workers, and they must show that their activities will be in the best interests of the country as a whole.
4. Demonstrate that their job will not displace a U.S. worker who is equally qualified and available for the same job, and that employment of the alien will not adversely affect the wages and working conditions of similarly situated U.S. workers.

15. Is it possible to apply for adjustment of status if I have an approved EB-2 or EB-3 Green Card application?

Yes, it is possible to apply for adjustment of status if you have an approved EB-2 or EB-3 green card application. However, you must meet all of the eligibility requirements for adjustment of status and have all of the necessary documents and evidence to support your application. Additionally, you must be physically present in the United States at the time of filing.

16. Do I need to attend an interview as part of my application process for an EB-2 or EB-3 Green Card?

In most cases, interviews are required for applicants applying for an EB-2 or EB-3 Green Card. Applicants should consult with the U.S. Citizenship and Immigration Services (USCIS) for the latest information on the application process and to confirm if an interview is necessary.

17. How long is a valid EB-2 or EB-3 Green Card valid for?

Under the Permanent Resident Card (Form I-551), the expiration date is 10 years from the date of issuance. It can be renewed for another 10 years before it expires.

18. Are there any advantages to applying for a green card through employment compared to other green card categories?

Yes, there are several advantages to applying for a green card through employment compared to other green card categories. One such advantage is the relative speed in which the process can be completed. Depending on the occupation and the visa preference, getting a green card through employment can take as little as several months rather than several years. Additionally, employment-based green cards are not subject to the annual limit of other green card categories, so they are less likely to become backlogged. Additionally, applicants may be able to self-petition rather than needing an employer sponsor.

19. If I am applying as a skilled worker, what is the minimum educational requirement for my green card application?

To be eligible for a skilled worker green card, you must have at least a high school diploma or its equivalent, such as a GED or a foreign education credential.

20. If my application is denied, can I appeal the decision and submit another application?

Yes, you may appeal the decision and submit another application. However, you should contact the appropriate agency to understand the appeals process and what other documentation may be necessary for your appeal.