Green Card Webinar with VISANOW
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Transcript of Green Card Webinar with VISANOW
How to Master the Green Card Process
Presented by: Karen Gillespie, VISANOW-retained attorney
#GreenCardMasters
How to Master the Green Card ProcessPresented by:
Karen Gillespie, VISANOW-retained attorney
#GreenCardMasters
#GreenCardMasters
Keep Life Moving
PG 3
VISANOW helps businesses manage their immigration needs efficiently with our groundbreaking approach that combines an intuitive, online platform with more than 15 years of immigration experience.We empower businesses to modernize the way they manage their immigration programs by integrating the best of people and technology.
#GreenCardMasters
Introduction
PG 4
In order for employers to stay ahead in an increasingly competitive global market, it’s crucial to have the best possible talent. That said, it can be difficult to find the right talent in the United States, making it imperative to harvest the global labor market to fill key positions.
#GreenCardMasters
Agenda
PG 5
• Employment-Based (EB) Green Cards
• PERM Labor Certification
Process
• Filing Your Application
• Visa Bulletin
• Q&A
#GreenCardMasters
Green Card Benefits
PG 6
• Attract and retain foreign talent
• Maximize your competitive edge
• Provide stability and longevity that many foreign nationals seek
• Transfer an employee from a dual intent visa to a green card
• Leverage dual intent visas:• H-1B Person in Specialty Occupation • L-1 Intracompany Transferee• O-1A Individuals with Extraordinary Ability or Achievement • P-1, P-2, P-3 Internationally Recognized Athletes and Performers
#GreenCardMasters
It doesn’t come easy, though
PG 7
• Complex, multi-step process
• Time-consuming
• Costly legal fees
#GreenCardMasters
EB-1: Priority Workers
PG 9
One of the most desirable green card options: • Does NOT require PERM labor certification process • Significantly faster processing time
Available for priority workers:1. Workers of extraordinary ability2. Outstanding university professors or researchers3. Executives or managers of multinational companies
#GreenCardMasters
EB-1: Priority Workers
PG 10
Qualifications:
Workers with extraordinary ability with specific expertise in:• Science• Arts• Education• Business• Athletics
• Outstanding university professors or researchers• Executives or managers of multinational companies
being transferred to jobs in the United States
#GreenCardMasters
EB-1: Priority Workers
PG 11
Key Takeaways:• Requires a very specific candidate whose achievements are
nationally and internationally renowned
• This category is less costly and takes less time to complete than other classifications
#GreenCardMasters
EB-2: Advanced Workers
PG 13
Application process includes PERM labor certificationWho qualifies:
1. Professionals who hold advanced degrees2. Foreign nationals with adequate knowledge in the
sciences, arts or business3. Professionals whose work benefits the national
interest of the United States
#GreenCardMasters
EB-2: Advanced Workers
PG 14
Key Takeaways:• The EB-2 case is more difficult to document and
substantiate than the others
• Successful applicants often move faster through the process than those in other categories
• Employers must clearly articulate the minimum requirements for the position as holding a master’s or bachelor’s degree, plus five years of progressive experience
#GreenCardMasters
EB-3 Skilled/Other Workers
PG 16
• Most popular category, as it casts the widest net in terms of who qualifies
• Qualified applicants and their employers must have PERM labor certification before beginning
• Employers must also provide documentation of a permanent, full-time job offer
#GreenCardMasters
EB-3 Skilled/Other Workers
PG 17
Who Qualifies:Professionals:
• Those with a bachelor’s degree (or foreign equivalent)• Examples: teachers, architects and engineers
Skilled Workers: • Include foreign nationals with at least two years of training or
work experience who may or may not hold a college degree
Other or Unskilled Workers: • Those filling a job that requires less than two years of training
or experience • Examples: nannies, housekeepers, groundskeepers and
nurse’s aids
#GreenCardMasters
EB-3 Skilled/Other Workers
PG 18
Key Takeaways:• Most common with a higher demand
than other preference categories• There is a lengthy average approval
waiting period of six to nine years. However, it can be longer due to per country allotments
#GreenCardMasters
Labor Certification: The “PERM” Process
PG 21
• The PERM labor certification process protects skilled U.S. workers from displacement by unskilled foreign nationals
• Companies must prove they took reasonable measures to fill an open position with a U.S. citizen
• This multi-step process typically takes 10-12 months and is required for both EB-2 and EB-3 green cards
#GreenCardMasters
Labor Certification: The “PERM” Process
PG 22
Prevailing wage determinationRecruitment:
• Placing a job order with a state workforce agency• Sunday newspaper advertisements• Internal posting notice• Additional job advertisements
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Labor Certification: The “PERM” Process
PG 23
The ETA 9089 includes:• Standard information about the job duties,
requirements, location, prevailing wage, etc.
• The employer’s recruitment process details
• Supporting information regarding the foreign national as the leading candidate to fill the role
#GreenCardMasters
Job Posting Service
PG 24
Dedicated customer relationship managers and VISANOW-retained attorneys will:
• Ensure job postings meet the DOL requirements• Negotiate cheapest Sunday newspaper ad rates• Aggregate and filter resumes in the VISANOW online recruitment
website• Respond to DOL audits
#GreenCardMasters
Filing Your Green Card Application
PG 27
File a Green Card via:1. Form I-140: the Immigrant Petition for Alien Worker
2. Form I-485: the Application to Register Permanent Residence or
Adjust Status
#GreenCardMasters
The Visa Bulletin
PG 29
The USCIS receives a massive volume of applications creating a significant backlog. The U.S. Department of State issues the Visa Bulletin to help petitioners learn when the case will be processed.
#GreenCardMasters
The Visa Bulletin
PG 30
Contains two charts:• Dates for filing of employment-based visa applications
• Informs applicants when they can file form I-485
• Application final action dates for employment-based preference cases
• Informs applicants when their case is authorized for issuance, i.e., ready to be processed
#GreenCardMasters
The Visa Bulletin
PG 31
How to Decipher the Visa Bulletin: • C = Current
• No backlog for the particular category
• U = Unauthorized• No visa can be issued for this category
• Listed Date = Filing Date/Final Action • Indicates how long the current backlog
is and the expected processing time
#GreenCardMasters
Green Card
PG 32
Get the VISANOW Guide to Green Cards for a complete
application guide.www.visanow.com/GreenCardGuide/
Content in this publication is not intended as legal advice, nor should it be relied upon as such. For additional information on the issues discussed, consult a VISANOW-retained attorney or another qualified professional. Website, technology platform and administrative services provided by
VISANOW.com, Inc., a Delaware corporation. Legal services provided by VISANOW-retained attorneys.
© 2016, VISANOW.com, Inc., All Rights Reserved.