he Complete EB-2 Green Card Roadmap: Step-by-Step Guide from PERM to I-485

In today's globalized world, many professionals are looking to make their careers and lives in the U.S. through the EB-2 Green Card application, which is intended for professionals with advanced degrees or outstanding ability in the arts, sciences, or business. This article will provide you with a comprehensive guide to the EB-2 green card application process, helping you to understandEvery Step from PERM Labor Certification to I-485 Adjustment of StatusThe

PERM Labor Certification

The first step in the EB-2 green card application is to obtain a PERM labor certification, which is detailed below:

1.preparatory phase

Lawyers will send questionnaires to employers and employees to collect supporting documents of educational background and relevant work experience

2.Position Requirements and Prevailing Wage Determination (PWD) Applications

After attorney drafts job requirements and obtains employer approval, submit Form ETA-9141 to DOL for prevailing wage determination

3.Assessment of advertising costs

Approximately 5-6 months after receipt of PWD, solicitor contacts advertising agency for quote and launches job advertisement upon payment by employer

4.In-house notification

Attorney sends job offer notice to employer, requires posting in the company for 10 business days, and employer signs no-layoff statement and assessment form

5.cooling-off period

There is a 30 day cooling off period for potential candidates to apply after all advertisements have closed

6.Submission of PERM application

The attorney shall file Form ETA-9089 at least 30 days after the end of the last advertisement and not more than 180 days from the date of publication of the first advertisement

7.PERM Approval

After approximately 13-14 months, the employer will receive either a certified PERM or an Audit. In the event of an audit, the processing time will increase by 4-6 months.

* There are a variety of common problems that applicants and employers may encounter in the process of preparing a PERM labor certification. Below are some typical problems and their possible solutions:

Frequently Asked Questions and Solutions::

Issue 1: Non-compliance of job advertisements

prescription: Ensure that all job advertisements follow U.S. Department of Labor (DOL) regulations, including the content of the advertisement, the medium in which it is published, the circulation, and the duration. Consult with an experienced immigration attorney or hire a professional recruitment agency to ensure compliance.

Issue 2: Difficulty in proving the absence of qualified U.S. workers

prescription: Attorneys and experienced advertisers work together to place advertisements and maintain documentation and results of recruitments

Issue 3: Prevailing Wage Decision (PWD) does not meet expectations

prescription: Provide an accurate job description and requirements when applying for PWD and inform the employer of the likely approved range. If the PWD does not meet expectations, request a re-examination or provide additional evidence to support a higher wage level

Issue 4: PERM applications audited after submission

prescription: Ensure that all recruitment activities are well documented prior to submitting a PERM application and that all necessary documents and evidence are submitted within the statutory deadlines in the event of an audit.

Issue 5: PERM application denied

prescription: Analyze the reasons for rejection, which may be incomplete documentation, non-compliance with the recruitment process or other issues. Make corrections based on feedback and resubmit application if necessary

Issue 6: Qualified U.S. workers emerge from the recruitment process

prescription: If a qualified U.S. worker emerges from the recruitment process, the PERM application process must be stopped and consideration must be given to whether to offer the position to the candidate. If the decision is made to proceed with the application, it must be demonstrated that the candidate does not meet the requirements of the position or that there is some other valid reason for doing so. Alternatively, the application for a new prevailing wage decision can be restarted immediately and a new hiring process initiated!

Issue 7: Delay in PERM applications

prescription: Since PERM approval can take a long time, it is recommended to start preparing and submitting your application as early as possible while maintaining communication with the DOL about the status of the application

Question 8: Change of employer or employee information

prescription: Changes in employer information during the Perm period may require a new prevailing wage request.

Issue 9: Unfamiliarity with the PERM process

prescription: Seek the help of a specialist immigration lawyer for detailed guidance and support to ensure a smooth application process

I-140 Immigrant Petition Process

* (from this stage onwards, all costs can be borne by the applicant)
1.Form I-140 Preparation

Attorney drafts all I-140 related forms for employers to sign after PERM certification and collects documents such as the company's most recent federal tax returns

2.File I-140

Attorney Files I-140 Petition with USCIS Before PERM Expires

3.Waiting for a decision

USCIS makes a decision on the I-140 petition within a few months. Premium Processing is available at this stage for a fee, and the results will be available within 15 business days.

* At this stage, some of the following problems may occur, and we have prepared solutions for you:

Frequently Asked Questions and Solutions::

Issue 1: Incomplete or non-compliant documentation

prescription: Prepare and double-check all necessary documents in advance to ensure that they meet the requirements of the United States Citizenship and Immigration Services (USCIS). If documents are incorrect or incomplete, they should be added or corrected promptly.

Issue 2: Changes in the financial situation of employers

prescription: If an employer's financial situation changes, it may affect its ability to pay wages. In addition to federal tax returns, submit a variety of supporting financial materials, such as bank statements and other financial documents, and explain any significant changes in your application.

Issue 3: Delayed applications

prescription: Because I-140 processing times can be lengthy, you should file your petition as early as possible and follow up regularly on the status of your petition. If unforeseen delays are encountered, communicate with USCIS in a timely manner.

Issue 4: Priority date regression

prescription: If the priority date is reversed, it may mean that the applicant will have to wait longer to file the I-485 petition. Applicants should keep an eye on the Visa Bulletin Board and act quickly when the priority date becomes current.Applicants who are approaching the six-year mark on their H-1B visas may also want to consider using expedited services to obtain an approved I-140 and apply for a one-time, three-year extension of the H1-B.

Question 5: Eligibility of applicants

prescription: If the applicant's eligibility is questioned, provide additional evidence or documentation to demonstrate that he or she meets the requirements for the EB-2 category, such as an advanced degree

Question 6: Mergers, acquisitions or reorganizations of companies

prescription: If an employer undergoes a merger, acquisition, or reorganization during the course of the I-140 petition process, notify USCIS promptly and adjust or transfer the petition as necessary.

Issue 7: I-140 Petition Denied

prescription: Analyze the reasons for denial and make corrections based on feedback from USCIS. Consider filing an appeal or reapplication if you believe the denial was in error

Question 8: Change of applicant or employer information

prescription: Update the I-140 petition and notify USCIS of any changes in the petitioner's or employer's information.

Issue 9: Petitioner changes jobs while I-140 is pending

prescription: If the petitioner changes jobs while the I-140 is pending, a new PERM petition or I-140 petition may need to be filed. An immigration attorney should be consulted to see if further action is required

I-485 Adjustment of Status Process

1.Form I-485 Preparation

Attorneys draft I-485 forms for employers and employees to sign after the priority date is current

2.Submission of I-485

Attorney Files I-485 Petition with USCIS

3.approval process

USCIS makes a decision in approximately 6-12 months

4.Obtaining a Green Card

Applicant receives a green card and works at the company position shown on the PERM/I-140

The I-485 stage, or Adjustment of Status stage, is the final step in the EB-2 green card application process, where the applicant adjusts from nonimmigrant status to permanent resident status within the United States. Some of the following problems and their solutions may be encountered during this phase:

Frequently Asked Questions and Solutions:

Issue 1: Incomplete or incorrect application materials

prescription: Double-check that all documents are complete and accurate before submitting the I-485 application. If problems are found, make corrections or additional documents in a timely manner

Issue 2: Failure to pass a medical examination

prescription: If the results of the medical examination are not satisfactory, measures should be taken according to the specific issues in the medical report, such as treating the disease or conducting a review and resubmitting a new medical report

Question 3: Background check questions

prescription: If the background check reveals problems, the applicant should provide additional explanations or documents to clarify the situation. If necessary, seek the assistance of an attorney

Issue 4: Applicants changing jobs while waiting

prescription: If the applicant changes jobs while the I-485 is pending, he or she may need to submit additional forms and update the application materials, and ensure that the new job matches the position in the original PERM application.

Issue 5: I-485 Petition Denied

prescription: Analyze the reasons for denial and make corrections based on feedback from USCIS. Consider filing an appeal or reapplication if you believe the denial was in error

Issue 6: Expired status of applicants

prescription: During the I-485 petition period, if the petitioner's nonimmigrant status is about to expire, he or she should apply for an extension or conversion of status to remain in lawful status.H-1B holders may be able to apply for an extension after the sixth year under the AC21 provision. Further evaluation by a professional immigration attorney may be sought

Question 7: Change of information about the applicant or family members

prescription: Notify USCIS of any changes in the applicant's or family member's information (e.g., marital status, name, etc.) and update the application.

Issue 8: Immigration violations by applicants during the waiting period

prescription: If an applicant violates immigration regulations while waiting, such as working illegally, consult with an immigration attorney promptly to assess the possible impact and seek a solution

Problem 9: Inadequate preparation for interviews

prescription: For I-485 petitions that require an interview, the applicant should prepare thoroughly, understand the possible interview questions, and practice answering them. If necessary, conduct a mock interview

The EB-2 green card application is a complex process involving multiple stages that requires specialized knowledge and careful planning. Through this guide, we hope to help you better understand the process and be well prepared for the application. If you need professional assistance during the application process, we welcome you to stop by anytime. Remember, proper guidance and timely action are the keys to successfully obtaining an EB-2 green card.