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Green Crad Steps

Green Crad Steps

Old Jan 10th 2002, 12:54 am
  #1  
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Hi Guys,
I hold H1-B visa and wanna apply for a green card..
I need to know what's the steps of the process, and how long does it take for every step..
thanks~~!!!
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Old Jan 10th 2002, 4:11 am
  #2  
Joachim Feise
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tasmisr wrote:
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Assuming that you are interested in an employment-based GC, this link describes the
steps:
http://www.imminfo.com/Immigrants/Em...migration.html As
for the timeline, there is a lot of variation. 2-4 years for the whole process is
normal, but there have been cases that took over 6 years.

-Joe
 
Old Jan 10th 2002, 2:05 pm
  #3  
Andrew M. Wilson
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Thr green card process through employment is usually a 3-step process. The time
frame, depending on where you work, can eb anywhere from 1
1/2 to 2 years. Below please find an overview of the process. For more information on
the green card, please visit my firm's web site at www.srs-usvisa.com

Regards,

Andrew M. Wilson, Esq. [email protected]

************************************************** *****************************

DESCRIPTION OF THE LEGAL PERMANENT RESIDENCY PROCESS THROUGH LABOR CERTIFICATION

The permanent residence process includes a three-part procedure involving the U.S.
Department of Labor (DOL), the Immigration and Naturalization Service (INS), and the
U.S. Department of State (DOS). The following are the three stages:

STAGE I: DOL – Application for Employment Certification (AEC). This
stage involves the submission of an application for employment certification
to the labor department. The AEC process involves showing that the wage
offered to the alien will not adversely affect the wages and working
conditions of other U.S. workers in similar positions and that there are no
U.S. workers who are able, willing and qualified to work in the position
offered. The DOL’s review includes an examination of the prevailing
wages paid to U.S. workers in the position offered, and a
“testing” of the market place for potential applicants through
advertising and newspapers and magazines, as well as a posting of a notice of
job availability at the employer’s place of business.

STAGE II : INS - Petition for Immigrant Worker (I-140). This stage involves
the submission of a petition to the INS, which makes a review of the alien's
education and work experience to determine if the alien qualifies for the
position. Proof of the alien's education and experience is required, which
may include documents such as letters from previous employers, diplomas,
membership of professional association certificates, etc. These documents
must prove that the alien possesses the requisite minimum requirements to
perform the job duties.

STAGE III : DOS - Immigrant Visa Processing (IVP) (recommended). This
stage involves the submission of personal information about the alien and
their family members to the U.S. Consulate in the alien's home country or
to the local INS office. Proof of birth, marriage, divorce, as well as a
police report, submission of a medical examination, and discharge
certificate from the military, if applicable, are required. These
documents are provided to a consulate officer or immigration examiner at
an interview where the alien is granted eligibility for admission to the
United States as a permanent resident.

Or

STAGE III: Adjustment of Status (ADJ). This stage is done by petition to the
nearest service center of INS. Simultaneous with filing this petition for
ADJ, we also file for permission to travel pending adjustment approval AND
for employment authorization pending completion of the process. Until the
employment authorization document and the travel permits are actually issued
(approximately 90 days after filing) the alien and his/her family are
restricted from leaving the U.S.

************************************************** *****************************

OVERVIEW OF THE PROCESS OF ALIEN EMPLOYMENT CERTIFICATION

INTRODUCTION

The majority of aliens seeking permanent residency on the basis of an offer of U.S.
employment must first receive a labor certification from the U.S. Department of Labor
(DOL). Under U.S. immigration laws, the DOL is responsible for certifying that
employer-sponsored immigrants to this country will not impair the wages or working
conditions of U.S. workers. This certification is obtained by the employer who files
an "Application for Alien Employment Certification".

One of the most significant developments in the past year in the labor certification
process is the "fast track" method of certification known as Reduction in Recruitment
(RIR). RIR is generally a preferred alternative to the traditional labor
certification process because the guidelines require that RIR requests be handled on
an expedited basis. In fact, in many regions, the most viable method of getting a
labor certification processed within in a reasonable time is through RIR.

A. THE RIR PROCESS. The mechanics of an RIR request are relatively
straightforward.

1) The employer makes a written request for a reduction in recruitment
with evidence of the employer's adequate recruiting efforts for that
position during the preceding six months together with whatever other
evidence can be provided about the general labor market in the
particular field.

2) The request is submitted to the State Employment Service Agency
(SESA) where the application is reviewed for completeness, adequacy
of the wage offer, and absence of restrictive job requirements.

3) A good RIR case establishes four criteria:

a. Proving that the occupation is one for which there is little
or no availability of qualified U.S. workers.

b. Proving that there are no restrictive requirements; that all
requirements are real, reasonable and normal.

c. Proving that the wage offered meets the prevailing wage.

d. Proving that the employer "adequately recruited through
sources normal to the occupation and industry within the
previous six months".

e. ADVANTAGES OF RIR PROCESS

1) The RIR process is faster:

a. Procedurally, RIR requests which contain no deficiencies are
processed on an expedited basis ahead of other labor
certification cases.

b. In many regions, due to lengthy backlogs, processing of
non-RIR cases has virtually come to a halt.

c. RIR can expedite the process and save as much as one or two
years in some regions.

2) The RIR process is good for many employers:

a. Many companies tend to advertise or recruit for various
positions frequently or, in some cases, on an on-going basis.

b. If a company has not been recruiting, we will develop and
administer a recruitment campaign.

c. The employer saves resources by not having to conduct
individualized recruitment for each alien worker, and being
able to use a pattern of recruitment to support multiple
applications.

3). Only general documentation of recruitment efforts is required:

a. Many regions only require general documentation of the number
of resumes received, the number of people interviewed, the
number of offers made and/or accepted, etc.

b. To qualify for RIR processing, it is not necessary to submit
every resume received pursuant to the employers recruitment
efforts along with documentation as to why each person is
unqualified for the position.

c. THE ATTORNEY'S ROLE - Our task is to apply the constantly changing laws and
regulations in this area to the particular facts in each specific case. This
is particularly important because many of the requirements for a successful
RIR application are counter-intuitive to real world employment recruitment.
We will analyze the possibilities of a successful RIR application versus the
traditional labor certification process.

1) We will monitor and examine whether there are significant backlogs at
the state and/or regional levels for processing labor certification
cases under their normal procedures.

2) We will analyze and evaluate the strength of the employer's
documentation regarding its prior recruitment efforts. We will assess
whether the employer's prior recruitment efforts establish a
"pattern" of good faith recruitment through sources normal to the
occupation and industry within the preceding six month period. We
will evaluate whether the documentation establishes a good faith
effort to recruit U.S. workers and whether the recruitment source
used by the employer is typical for that industry.

3) If more recruitment is necessary, we will develop, organize, and
administer a recruitment campaign that will satisfy RIR requirements.
This includes drafting the ad, locating the appropriate sources for
advertisements (newspapers, industry periodicals, internet job banks,
etc.), placing the ad, and compiling all the necessary documentary
evidence concerning the ads.

CONCLUSION

RIR processing is currently the most desirable strategy for most labor certification
cases. We guide and advise the employer and the alien employee through the entire
process, keeping the employer informed of its obligations with regard to recruitment
and responses. Throughout the process, some important things to remember are:

 Please do not post any notices or place any advertisements
prior to receiving specific instructions from this office.

 Please do not respond to any notice or requirement from any
State office or the Department of Labor without first notifying this
office and receiving our instructions.

 Please do advise us immediately of any communication from
the State office, the Department of Labor or others concerning the
application.

 Please do respond quickly and cooperate fully with any
request for information or action from our office. Delay may cause an
application to be denied.


tasmisr <[email protected]>
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