To qualify for Employment Based Second Preference classification, the job you apply for must require an advanced degree and you must possess such a degree or its equivalent (a baccalaureate degree plus 5 years progressive work experience in the field). You could also qualify for the position if it requires a Master’s degree and you [...]
It is important to understand that the category – EB2 vs. EB3 does not really affect processing times in the first two stages (Labor Certification and Immigrant Petition). In simple layperson terms, a priority date is set for an application when the Labor Application is filed (date of filing). The final stage, or application to [...]
With respect to Visa Numbers for Adjustment Purposes, to which Country Would I be Charged – Birth or Citizenship?
The United States Department of State Foreign Affairs Manual, Volume 9 states, 9 FAM 42.12 N2.1 General Rule of Chargeability The numerical limitations prescribed in INA 201, 202, and 203 apply to the foreign states and dependent areas. (See 9 FAM 42.12 Exhibits I and II.) An immigrant visa applicant subject to these numerical limitations [...]
First, the requirements for the position are based on actual job requirements and not your qualifications; Secondly, the salary of the position must be considered in making a final decision in this matter. Porting your EB3 priority date to a later filed EB2 petition is possible. However, this matter is best handled through a private [...]
At the outset, it is important to understand that belonging to either category does not, in one way, or the other, expedite your case! EB-2 [Employment based Second Preference] The EB-2 classification includes: aliens who are "members of the professions holding advanced degrees or their equivalent" and aliens "who because of their exceptional ability in [...]
My I 140 was approved a month ago in EB3. Should i wait for 180 days to change my job to retain my priority date, if my new employer plans for file for GC in EB2?
Yes, there are specific rules governing retention of priority date. Based on new rules issued on January 17, 2017, you would lose your priority date if you leave the sponsoring employer within 180 days of approval.
What is “Priority Date” for Employment Based Green Card purposes where the LC Application was substituted (Filed January 2002) and where can I find it?
Your priority date is the date of acceptance (filing date) of the substitute labor - January, 2002. Priority date is not always reflected on the I-1485 receipt.
The Fraud Rule of the Department of Labor is specifically designed to address payment of fees at the PERM stage and includes cost of recruitment. Please read the FAQ by ETA regarding this. However, this rule does not preclude employees from bearing both professional and filing fees at the I-140/485 stage. Personal checks may be [...]
I am still waiting for my I-485 approval. If I am terminated or if I resign from my petitioning employer, what will happen to the petition? Am I safe at this stage to look for another employer?
If the I-140 has been approved and you have an adjustment of status application (Form I-485) pending for over 180 days, you would be eligible to move without losing the underlying validity of the Labor Cert/Immigrant petition. Of course, you would use your EAD document to work for the new employer and would have to [...]
PERM based Applications are filed online at http://www.plc.doleta.gov/ . General processing times may be accessed there. However, you would have to be the Employer, or the Attorney of Record to check status on specific Applications that are currently pending with the DOL.