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.

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Introduction

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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.

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Agenda

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• Employment-Based (EB) Green Cards

• PERM Labor Certification

Process

• Filing Your Application

• Visa Bulletin

• Q&A

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Green Card Benefits

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• 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

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It doesn’t come easy, though

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• Complex, multi-step process

• Time-consuming

• Costly legal fees

#GreenCardMasters PG 8

EB-1: PRIORITYWORKERS

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EB-1: Priority Workers

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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

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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

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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


EB-2: ADVANCED WORKERSEB-2: ADVANCED WORKERS

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EB-2: Advanced Workers

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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

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EB-2: Advanced Workers

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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


EB-3: SKILLED OR OTHER WORKERS

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EB-3 Skilled/Other Workers

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• 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

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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

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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


Questions?


LABOR CERTIFICATION: THE “PERM” PROCESS

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Labor Certification: The “PERM” Process

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• 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

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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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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

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Job Posting Service

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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


Questions?


FILING YOUR GREEN CARD APPLICATION

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Filing Your Green Card Application

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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


THE VISA BULLETIN

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The Visa Bulletin

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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.

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The Visa Bulletin

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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

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The Visa Bulletin

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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

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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.

http://www.visanow.com/GreenCardGuide/

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