Hello, everybody. In this video, we're going to talk about all the steps and the processing time
that it takes to sponsor a foreign worker for a green card. There are many, many steps involved
in such a process. But what most people are confused about is that the timeline, how long
is it going to take a green card from the moment my employer starts to file for me, and then when I
can actually hold the green card in my hand. So, in this video, we'll talk about all the steps,
all the current timeline that it takes to get a green card based on an employment sponsorship.
So, what are you waiting for? I'll see you on the other side. Hello, everybody. My name is
Jacob Sapochnik, and I'm an immigration attorney based in San Diego, California, help employers
and individuals achieve their green cord goals all over the United States. And so, if you’re
here for the first time, make sure to subscribe to our channel, click the notification bell
so you don't miss any of our videos. And also, give us a big like so you will be able to show
this video to more people like you. The process of immigrating somebody for employment is very
confusing. And most people are concerned about the timeline. How long is it going to take and what
are all the steps involved in getting sponsored by your employer? Well, don't worry. In this video,
I'll tell you all the steps and the timeframe that it takes to get a green card through a job offer.
Remember, the general processing times vary from case to case. Some cases are
more complicated than others. But in general, there's a common timeframe of what it takes to
get a green card filed by an employer on behalf of an employee. The usual green card process
involves three steps. Step number one, successful completion of what is called a labor certification
PERM. That process can take anywhere from six months to over a year, depending on how your
case is filed. And where it was filed. Number two, approval of the I-140 immigrant petition.
That is the basis for the entire case with immigration. That process can take
over eight months these days. But there is premium processing if you pay an extra fee,
and then you can get that part to be approved in only two weeks. And finally, we have step
number three, which is the Adjustment of Status. If you're inside the United States, it’s the final
step of the green card, or if you're abroad, you can file for consular processing to be able to
collect your immigrant visa overseas at the US Embassy depending on your green card category.
EB2 or EbB3, which we'll talk about it in a few minutes, there is an option for you to file
the I-140 and the 45 concurrently at the same time, and at that point, if you do so, you'll
be also eligible for a work PERMit and a Travel Authorization. So, how long will the PERM process
labor certification will likely take? The purpose of the PERM process and the labor certification
is to test the job market. That process requires the employer to post multiple job advertising for
that particular position. That's the only way the Labor Department can be convinced that there are
no US workers that can fit this job at the same time. So, before these ads can run, the employer
must file what is called a prevailing wage determination. This is a form they file online
to determine what is the wage that this employer must pay in the future for this position. It
is a really important step to do before you start advertising because if you use the wrong wage,
your entire recruitment process can be void and canceled. This is a very important step to make
sure that you have the right job description. You'll be able to get the best wage determination
from the Labor Department. Now, that process can take anywhere from four to six months.
Those prevailing wage determinations are being delayed right now. So, it's important to plan
this process correctly so you know what to expect. Once you have the prevailing wage determination
certified and you have that wage, only then you should start your advertising process,
which could take another two months. So, now, we’re already six months into the process or more
before we even filed our PERM application. Now, remember, there's a mandatory 30 day wait time,
from the time the last ad runs before you can file your PERM application. So, that's another 30 days
that are added to this entire process. The PERM application is filed online and could be pending
anywhere from six months or more. Hopefully, if there's no audit, your case will be certified.
And you'll be able to move to step number two, file the case with the US Immigration Service.
So, how long will the I-140 immigrant petition process take? Remember, you
cannot file the I-140 immigrant petition unless you have a PERM labor certification approved.
And you have to use the original application to send it to the US immigration service as well.
When you prepare and file the I-140 application where the immigration service is interested
in knowing is, first of all, is this employee currently working for the employer? And if so,
is he getting paid the prevailing wage. Now, there's no requirement for the employee to get
paid this wage at the moment. But if the employee is not getting paid, the employer must prove that
they have the ability to pay that wage in the future. The way they do that is by providing their
tax returns, or any other financial documents to show that they have the financial ability to pay
that salary in the future. These are some of the most important documents in the I-140 petition
to ensure that the case will be approved. Once you have all the documents in order,
you file the application. Currently, it's taking over a year for these I-140s to be approved.
But luckily, we have a premium processing service where you can pay an additional 2,500,
and your case will be expedited in two weeks. Now, remember, I mentioned to you before that
in certain cases, you can file the I-140 or 45 at the same time. The way we know that is because if
you apply under the EB2 category... and you can check if your priority date is current,
then you can file both applications at the same time. If you're in an EB3 category,
and your priority date is current, you can also file both cases at the same time.
But if your category is not current, meaning that there's no visa available at the moment,
you just file the I-140 to get it approved, and then you just have to wait for your visa
numbers to become current before you can file the last step. Currently, the I-45 applications
are pending for over 25 months in most states. And therefore, when you file for the Adjustment of
Status, you also get a temporary work permit and advanced parole to allow you to travel out of the
country in case you need to do so during those 20 to 30 months that these applications are pending.
Hopefully, under Biden's administration, we'll see a faster movement of these cases. But at the
moment, this is what it is. So, overall, we have three steps. As I mentioned before, the PERM labor
certification, the I-140 immigrant petition, and the Adjustment of Status process if you're
inside the United States, and your priority date is current. The process of sponsoring an employee
through an employer is not a simple process. We've got a lot of forms, we've got a lot of deadlines.
And if you mess up any of these steps, the entire process can fall and crumble. Therefore, it's
really important to work with a competent attorney that understands this process from A to Z and can
guide you in all the different steps that you need. Hopefully, this video was helpful. If you
have any questions, make sure you drop them in the comments below. If you liked this video, give us a
big like. I really appreciate it. And also, don't forget to subscribe to our channel so you don't
miss any of my videos and future updates. Thanks for watching and I'll see you in our next video.