Green Card Frequently Asked Questions:
Applicant Worker FAQ:
What is a Green Card?
A Green Card is an identification card that proves that you are a permanent resident of the United States.
What are the benefits of having a Green Card?
Some of the benefits of having a Green Card include: being able to live and work permanently in the United States, being able to travel in and out of the country, and eventually being able to apply for US citizenship.
Can you bring your family to the United States with a Green Card?
Yes, you can bring your spouse and unmarried children under the age of 21 to the United States with a Green Card.
When my kids turn 21 can they apply for a Green Card?
Your children can apply for a Green Card when they turn 21, but they will need to go through the process on their own. They will not be able to piggyback off of your application.
If I have a Green Card, do I still need to renew it?
Yes, you will need to renew your Green Card every ten years. You will receive a renewal notice in the mail approximately six months before your card expires.
What happens if my Green Card expires?
If your Green Card expires, you will lose your permanent resident status and may be deported from the United States. It is important that you keep your Green Card up-to-date and renew it before it expires.
What are some common mistakes people make when applying for a Green Card?
Some common mistakes people make when applying for a Green Card include: not consulting with an experienced immigration attorney, not being honest on their application, and not following the instructions correctly.
What are the requirements for the EB-3 Green Card?
It depends on the position offered. The job description will list any minimum requirements, such as High School Diploma, or 3 months of work experience.
What if I have been denied an F-1 visa in the past? Will that prevent me from getting the EB-3 green card?
No. a denial of a non-immigrant visa does not prevent you from getting approved for the green card.
What is the Visa Bulletin?
The Visa Bulletin is a monthly publication by the U.S. Department of State that provides updates on the availability of immigrant visas for individuals seeking to immigrate to the United States.
The bulletin includes a list of priority dates for each category of immigrant visa, which determines when a person can apply for a visa or adjust their status to that of a legal permanent resident.
For EB-3 applicants, the priority date is the date that the PERM Labor Certification is filed.
If an individual’s priority date is earlier than the date listed in the bulletin for their category, their visa application can be processed by the U.S. Embassy (Consular processing), or they can file their I-485 Adjustment of Status petition with USCIS.
What is Adjustment of Status for EB-3?
Adjustment of Status (AOS) is the process by which a foreign national can apply to change their immigration status from a non-immigrant status (such as a student or visitor) to a permanent resident status (also known as a green card holder) while remaining in the United States.
What jobs fall under EB3 visa?
The EB-3 visa green card is divided into three subcategories:
Skilled Workers:
These are individuals who have at least 2 years of experience in a specific occupation.
The job must require at least 2 years of training or experience that cannot be gained in less than 2 years.
Examples of jobs that may qualify for EB-3 visa under skilled worker category include but not limited to : electricians, plumbers, carpenters, computer programmers, registered nurses.
Professionals:
These are individuals who have a bachelor’s degree or its equivalent in a specific field.
The job must require at least a bachelor’s degree in a specific field and the individual must possess such a degree.
Under the Professional category, jobs like Architects, Engineers, Doctors, and IT professionals may qualify.
Other Workers:
This category is for individuals who perform unskilled labor requiring less than 2 years training or experience, that is not of a temporary or seasonal nature.
Under professional category, jobs like Architects, Engineers, Doctors, and IT professionals may qualify.
Under other worker category, jobs like restaurant worker, agricultural worker, construction worker, and food processing worker may qualify.
Employer FAQ:
What is the PERM 2 Sunday Newspaper Advertising requirement for the EB-3 process?
PERM is the acronym for Program Electronic Review Management and it’s the process of obtaining labor certification from the Department of Labor (DOL) for hiring foreign workers.
One of the employer’s requirements for obtaining labor certification through the PERM process is the “2 Sundays” requirement.
The 2 Sundays requirement means that the employer must run two Sunday advertisements for the job opening in a newspaper of general circulation in the area of intended employment.
The advertisements must run on two different Sundays, and they must be placed within the 30-day period preceding the date of filing the labor certification application.
The purpose of the 2 Sunday requirement is to demonstrate that the employer has made a good faith effort to recruit U.S. workers for the job opening before seeking to hire a foreign worker.
The DOL wants to ensure that the job offered to a foreign worker is not taking away a job opportunity from a U.S. worker.
The 2 Sunday requirement is one of the requirements that the employer must meet in the PERM process.
The employer must also demonstrate that there are no qualified U.S. workers available for the job and must document the recruitment efforts.
What is the 30-day SWA posting requirement for the EB-3 green card
The 30-day State Workforce Agency (SWA) posting requirement is a requirement for obtaining labor certification through the EB-3 Green Card process.
The requirement states that an employer must post a job opening with the State Workforce Agency (SWA) in the area of intended employment for at least 30 days before filing the labor certification application.
This is done to demonstrate that the employer has made a good-faith effort to recruit U.S. workers for the job opening before seeking to hire a foreign worker.
The SWA posting is one of the steps in the labor certification process, which is the first step in the EB-3 Green Card process.
It’s important to note that the 30-day SWA posting requirement is in addition to the “2 Sundays” newspaper advertising requirement.
What is the Notice of Filing (NOF) for EB-3?
The Notice of Filing (NOF) is a document that employers must post internally as part of the recruitment process for the EB-3 Green Card process.
The NOF is a form that provides notice to employees and their representatives that a labor certification application has been filed with the DOL. The employer must post the NOF in a conspicuous place (such as with the other labor law postings) at the worksite for at least 10 consecutive business days.
What is the I-140 Ability to Pay Employer Requirement for the EB-3 Green Card?
The I-140 Ability to Pay requirement is a requirement for employers who are filing an I-140 petition on behalf of a foreign worker for an EB-3 Green Card.
The I-140 petition is the second step in the EB-3 Green Card process, after the PERM labor certification has been approved.
The Ability to Pay requirement states that the employer must have the financial ability to pay the offered wage to the foreign worker for the entire period of the intended employment.
The employer must demonstrate that they have the ability to pay the offered wage by providing the most recently filed Company Tax Return or Audited Financial Statement.
In determining the ability to pay, USCIS first looks at Ordinary Business Income (page 1) and Net Current Assets (Schedule L).
In some cases, the ability to pay requirement can be shown if the employer is currently paying temporary or independent contractors to perform the work that the future permanent foreign national worker will perform.
The purpose of the Ability to Pay requirement is to ensure that the job offer is bona fide, and that the employer will not default on their obligations to pay the foreign worker.
