Tag Archives: EB-2

Green Card Wait Times To Decrease For Indians & Chinese?

The Fairness for High-Skilled Immigrants Act of 2011 was one of the very few bills in recent years that passed the House of Representatives branch of the US Congress in a bipartisan manner. With a vote of 389 – 15, the major focus of the bill is to remove the nationality caps of the Employment Based Visa Green Cards like the EB2 and EB3 Visas which are used most often by people who are currently working in the US on H1B visas, E3 Visas and L1 Visas to gain Permanent Residency in the US.

Currently there are about 140,000 EB Green Card Visas issued each year and only a maximum of 7% can be issued to any one nationality annually. What that has meant in practice for the EB2 and EB3 categories is that b/c of the sheer number of Indian and Chinese applicants in particular, that there is a large backlog of waiting lists of people working in the US in limbo not being able to move up or on in their jobs, passing up promotions and better offers, etc. waiting for their visa number in the queue to be called.

For the EB2 category it is about a 4-6 year wait for Indians and Chinese and in the EB3 category that goes up to 10 years and beyond. Of course if the nationality cap is removed then many citizens from other countries in both these categories who had jumped ahead in the queue b/c of these limits may have to wait a bit longer.

Sadly each year many of the 140,000 green card visas go to waste with people who have abandoned their application and returned home or moved elsewhere and b/c of the nature of the law these are wasted for good. If all the green card visas that had been wasted over the last few years had allowed to be reused (so not increasing any caps just using what was already authorized by the US Congress), then the entire current backlog for EB2 and EB3 would be removed for all nations. This actually has been done once before in the early 2000s but such a “radical” or more correctly logical move would seen to be too hard in today’s politically charged, cable news driven, extreme partisan US Immigration landscape.

The startling part of this so far is that it was able to pass with such overwhelming support from Conservative and Tea Party backed Republicans and Liberal and Most Left Leaning Democrats alike. The major premise is so that the US retains high skilled talent to help grow the economy and create jobs. According to Bloomberg, only 15% of visas are granted for economic reasons, a policy that undermines U.S. companies competing in a global talent pool.

Then foreign students studying in the US account for the majority of computer science and engineering doctorates earned from U.S. institutions. (In 2006, more than 4,500 foreign students earned engineering Ph.D.’s in the U.S., almost two-thirds of the total.) There is no policy or incentivized scheme to get them to stay in the U.S. after graduation given that these immigrants have a much higher propensity to create new businesses. We have mentioned before the Duke University study found that foreign immigrants helped found more than a quarter of the technology and engineering companies established in the U.S. between 1995 and 2005 (inc. Google, Yahoo, Paypal, etc.) so a huge amount of jobs and wealth for the US and her citizens.

However there is a roadblock!

One of our “favorite” politicians, Senator Charles (Chuck) Grassley, a Republican from Iowa placed a hold on the bill now it has reach the Senate. Even though it is expected to have broad support in the Upper House of the US Congress, it is now effectively in limbo due to the actions of one Senator for reasons that are not quite clear and that he has not fully expressed. Of course Iowa whose economy is still heavily influenced by Agriculture is not really a mecca for driving US innovation and wealth and nor is it a massive location for foreign highly skilled immigrants to reside, so really this bill would have very little effect if anything there.

However Senator Grassley seemingly unilaterally has put everything on hold possibly because of an earlier 2009 H1B and L1 Visa reform bill he put before Congress with Senator Dick Durbin of Illinois which thankfully has not gone anywhere as would be a major dent in the US economy.

We hope sanity prevails as it has in the House branch of the US Congress but I certainly would not be getting to excited as with the December – January Congress recess coming up and 2012 being a Presidential election year and where partisan politics is at its peak, anything getting done sometimes is a miracle.

Cj

How To Apply For A Green Card under EB-3 & EB-2 Category (most common for H-1B and E-3 visa holders)

If you are currently on an H-1B visa or E-3 visa and curious about what you have to do to get permanent residency (aka a Green Card) then we will try and document the process here for you.

If you are interested in the issues surrounding whether or not you are able to do it and what other visas can transfer to a Green Card, read the specific Green Card and visa posts as they discuss that in more detail. This post is designed to be strictly about the process.

Firstly let us show you the Green Card. The most thing to note is that it is not actually green and it is a plastic card issued to you by the USCIS.

You can read more in the Green Card information post about the EB-2 and EB-3 category of green cards. Essentially EB stands for employment based as this version of permanent residency requires the employer to file.

The EB-2 category is for Post Graduate degree holders like a Masters Degree or Bachelor Degree holders with 5+ years experience in the chosen specialty.

The EB-3 category is for Bachelor degree holders or those with enough work experience in the relevant specialty which was enough probably in the first place to get them their H-1B or E-3 visa without a Bachelors degree.

THE GREEN CARD PROCESS

Step 1: Labor Certification

Application  using Form ETA-750 submission via your employer to the Department of Labor.

During this Labor Certification procedure, your employer has to prove to the Department of Labor they were could not find a suitable person for the specific role you are in within the US. They will have to advertise for your position, and sometimes do interviews and other recruiting procedures to prove this under the DOL guidelines.

After this your employer can file an application with the DOL explaning they were unable to find both a suitably qualified and experienced candidate. As a result they wish to sponsor you for permanent residency as you have the relevant expertise.

This process can take many months to years to complete.

The cost of this process with the advertising of the role can obviously range greatly but a rough conservative figure may be $1,000 but if can differ greatly state by state and also with the different DOL offices.

Step 2: I-140 to USCIS & Adjustment of Status ( I-485)
These two can be filed in parallel but form I-485 wont be approved until after you I-140 is accepted
At this time you can also file for EAD ( Employment Authorization Document) and AP ( Advance Parol or Travel Document) , once you file for 485, you will be required to do fingerprinting.

Once your Labor Certificate is approved, your employer will file a Form I-140 -(know as Petition for Immigrant Worker) – on your behalf.

Employer should demonstrate that the company is in a good financial position to capable of paying the salary advertised for the job. For this purpose employer’s financial financial statement and corporate income tax return documents also required.

Also at this point a National Visa Number issued via the Department of State. The Adjustment of Status can only be filed once your Visa Number is available according to the Visa Bulletin released by the Department of State each month.

The applicant is given is granted against per year Quota/per country/per category. So people from China, India and Mexico and those from those countries with just Bachelor Degrees tend to have very long waits into many years before they can complete the process.

Another restriction at this stage is that a person applying for a green card needs to stick with the company, through which his/her green card is getting processed, till he gets his Green card. Otherwise he loses the process, and needs to apply for a fresh application from the beginning.

Spouse/Dependent applications can only be filed once the I-140 is approved for primary applicant.

The I-140 processing fee is constantly changing but is currently $500 for regular and $1,000 for premium processing.
The I-485 fee is $930 (includes work authorization EAD and Advnace Patrol Travel if filed at same time otherwise EAD is $340 and Advance Patrol is $305)
Additionally a $120 medical assessment paid to approved Doctor is required as well as $80 biometric fee.


It should be noted that these fees are multiplied when dependents like spouses and children under 21 are involved.


Get You Passport Stamp and Green Card

I hope this helps your understanding of the Green Card process. It is fairly complicated and is one of the reasons why lawyers start to become more necessary in these times which is unfortunate as that is an added cost to the employer and immigrant.

CJ