Strict rules apply when an employer is seeking an EB-2 visa for a current or prospective employee. The first stop that the employer must take is to obtain a Program Electronic Review Management (Perm) certificate from the U.S. Department of Labor (DOL). Once certification is issued, an employer can hire a foreign national to permanently live and work in the United States on a green card. Note that PERM processing times are slow though.
Department of Labor Processing Time
According to the Department of Labor, employers can expect a minimum of six months processing time from the date of submission of the ETA Form 9089 Application for Permanent Employment Certification while it tests the job market so that it’s satisfied that there aren’t any qualified U.S. workers for the job slot. Realistically, expect more like nine months to a year. Maison Law Immigration Lawyers in Bakersfield, CA can be pivotal in obtaining a green card for an employee or potential EB-2 employee without unnecessary delays.
The I-140 Form
Within six months of the approval date of the PERM, the employer must file a Form I-140 Immigrant Petition for Alien Worker with the U.S. Citizenship and Immigration Service. Employers can expect another four to six months processing time from the date of submission, but with the payment of a premium processing fee, the I-140 can be processed within 15 calendar days. There are no restrictions on who pays the appropriate I-140 fees. If additional evidence is required to support the petition, another 30 to 60 day wait can be expected, so be sure that all I-140 requirements are complied with. Regardless of that, it’s still significantly faster than processing of a petition that’s submitted without a premium processing request.
The Final Step
After the ETA form 9089 and Form I-440 have been approved, the final step for the employee or prospective employee is to obtain lawful permanent residency. That can be done by completing and submitting a form I-485 Application to Register Permanent Residence or Adjust Status. The consensus is that I-485 processing will take eight months to over a year. If you’re already in the United States though, you’ll be allowed to remain here. Note that about 10% of all I-485 applications are denied. Motions for reconsideration or appeals can be taken on denials. You can also prepare a new I-485 application.
What About Family Members?
The spouse of an EB-2 visa holder may apply and be allowed into the United States on an EB-21 visa. Children under the age of 21 are allowed entry. Separate forms must be filed for all of them.
Quality and dedicated employees are at the heart of any business. Maison Law Immigration Lawyers wants to see your business and your employees succeed. Whether you’re an employer or an employee, contact us here in Bakersfield, CA with your EB-2 questions or concerns.
Contact a California Immigration Lawyer Today
If you or a family member need assistance in obtaining a permanent residency in the United States, speak with a Central Valley immigration attorney at Maison Law Immigration Lawyers. We know what needs to be done to effectively help you. We’re committed to helping every person who intends on becoming a permanent resident of the United States in obtaining the professional legal assistance that they deserve. It’s people like you who built this country, and your family members can continue build it even better.
Learn more about green cards – Click here.