Are You Worried About Your Employment-Based Green Card Application?
It is completely understandable if you are worried about the green card process in the United States. Current events have made things feel unpredictable, which can be incredibly stressful for applicants. If you are in the process of applying for an employment-based green card, it’s understandable that you likely want to do everything you can to expedite the process in order to avoid any issues.
The Dworsky Law Firm is here to help you not only understand the application process but also help you get through this stressful process as fast as possible. If you have a question that needs an immediate answer, call 847-994-4130 to schedule a consultation with our team.
What Are the Different Types of Employment-Based Green Cards?
Before exploring how to speed up the process, it is important to understand the employment-based preference categories. Each preference level has its own eligibility requirements and typical processing timeline, which can influence the expedited options available to you.
EB-1: Priority Workers
This category is for individuals with extraordinary ability, outstanding professors and researchers, and executives or managers. These high-priority cases generally have faster processing times and are more likely to be eligible for premium processing. EB-1 applicants may also be able to avoid the labor certification process.
Eligible EB-1 candidates may include:
- Scientists or artists with national or international acclaim
- Senior corporate executives transferring to U.S. offices
- University professors with significant research achievements
EB-2: Advanced Degree Professional and Exceptional Ability
This category is for individuals who hold an advanced degree or possess exceptional ability in the sciences, arts, or business. Most EB-2 applicants require a PERM labor certification, which is the labor certification process, and may slow down the process.
However, those who qualify for a National Interest Waiver (NIW) can bypass this step and accelerate the process.
EB-3: Skilled Workers, Professionals, and Other Workers
This is the broadest category, which means it tends to have the longest wait times, especially for countries with high demand like India and China. EB-3 applicants almost always require labor certification and often face significant backlogs.
The most common EB-3 candidates include:
- Teaches
- Healthcare workers
- Skilled tradespeople with at least two years of experience
Understanding which category you fall under is the first step in determining what expedited options may be available to you. Are you unsure of which category you should apply to? Call 847-994-4130 to speak with an experienced immigration attorney.
What is Premium Processing and Does It Apply To Your Situation?
Premium processing is a service offered by U.S. Citizenship and Immigration Services (USCIS) that allows certain immigration petitions to be reviewed on an expedited timeline, around 15 days instead of a few months! To request it, you must file Form I-907 and pay an additional fee, currently $2,805.
While premium processing is an excellent way to expedite an application, it is important to understand what it does and does not do, and whether or not you qualify for it.
Premium Processing Covers
Premium processing is available for certain employment-based petitions, specifically:
- Form I-140: Immigrant Petition for Alien Worker
- Some Form I-129: For temporary nonimmigrant workers
If you are applying for a green card under EB-1, EB-2, or EB-3, and you’ve reached the I-140 petition stage, you may be eligible to use premium processing.
Premium Processing Does Not Cover
Premium processing does not apply to every part of the green card process. It does not:
- Speed up PERM labor certification, which is handled by the Department of Labor, not USCIS
- Accelerate Form I-485
- Guarantee faster visa number availability from the State Department
That means that premium processing is only one piece of the puzzle. Even with an expedited I-140, you may still face delays based on your priority date, country of origin, or category backlog.
If you are unsure how premium processing applies to your situation or if you qualify, call the Dworsky Law Firm to speak with an immigration attorney.
What Can You Do If Your Employment-Based Green Card Case Is Stuck or Delayed?
Even when you do everything right and meet all deadlines, delays in green card processing can still occur. Even more frustrating, delays can happen without a clear explanation. When it looks like your application has stalled, there are several options available to you to help you move forward.
Your best resource is the USCIS. You can submit a service request, which is often the first step you should take if you believe your application has been misplaced. When multiple service requests don’t resolve the issue, escalating the problem to the Office of the Citizenship and Immigration Services Ombudsman.
When your case is unreasonably delayed by months or even years, a more aggressive legal option is to file a writ of mandamus in federal court. This lawsuit compels USCIS to take action on your case. While it isn’t a guaranteed approval, it can force a decision.
The best thing you can do to accelerate your employment-based green card application is to speak with an immigration attorney who understands the process inside and out.
Do You Really Need an Immigration Attorney?
The immigration process is a bureaucratic maze, and you will need a guide to help you through it. That’s why the Dworsky Law Firm is here to help you get through this process and take every step necessary to increase your chances of getting approved.
Attempting to take this on by yourself can lead to expensive delays and a denial of your application, forcing you to start over from the beginning. Call 847-994-4130 to speak with an experienced immigration attorney from the Dworsky Law Firm today.
