There is a 3-step process to get the EB green card. The process kicks off with the employer who wants to hire a foreign worker filing a Permanent Labor Certification with the US Department of Labor. The employer can do so by using the Program Electronic Management Review System.
The employer is required to endorse that an employment opportunity or vacancy is available in a specialized field. The employer must certify that the employment opportunity is also open to US workers and that a foreigner is required, besides making a commitment that the salary is at par with the existing industry standards.
The employer will be required to complete each step in the recruitment process, so it is established that no American worker is available to work on that post. The employer must go through the whole process without any deviousness because that may raise doubts, which will, in turn, necessitate an audit from the Department of Labor.
After the employer satisfies all the requirements, the Department of Labor will provide a PERM form that is a pre-requisite for the next step in the process. If you are applying under the National Interest Waiver category, you may omit the first step.
In the second step, the employers must fill and submit the petition for the EB2 green card on form I-140. The applicant will have to wait for the EB2 priority date in order to go to the next step.
It will take some time for the applicant to be allowed to go the final step, which involves two different dealings. First, if the applicant is not in the US, he or she will be interviewed at a US Consulate office in his or her home country. The consular officer will decide whether you qualify for the EB2 green card.
Secondly, if the applicant is in the US on a different visa, he/she will be required to file for a change of status to EB2 by submitting form I-485. The applicant will be told to visit a USCIS Application Support Center for security processing.
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