Yes, Caregivers can be petitioned for Green Card under Employment Based EB3 – other workers. You can verify this information in the Visa Bulletin as part of the Employment based category. This benefit will allow you to have a Permanent Resident card and bring with you your spouse and minor children. If approved your entire family can come together in the United States if the children are still under 21 years. The advantage of petitioning caregivers is the stability of the employee staying with the petitioner for longer time. This is a very challenging time for those Care Home Facility owners because of the shortage of Caregivers. The good news is many caregivers can be petitioned by the facility owners whether they are coming from the Philippines or already in the United States. Our Law Firm can handle the process from start to finish. As of this writing the priority for caregivers is Jan. 15, 2021. Iif you are inside the U.S. you can file an adjustment of status based on approved I-140 petition if your priority date is current.
What are the requirements for EB-3 Green Card for Other Workers?
Answer: Other workers are usually unskilled workers who can demonstrate the ability to perform unskilled labor that is not seasonal or temporary in nature. Caregivers usually need only three months experience as a caregiver.
What is needed to start a caregiver petition?
Answer: An EB-3 applicant must have a job offer from a U.S. employer and fulfill the PERM Labor Certification requirements.
What is the processing time for employment based green card?
Answer: The employment-based green card timeline varies depending on the category you qualify for. Generally, however, here are the steps you need to take if you are working toward getting an employment-based green card:
- Have a U.S. Employer
- Complete PERM Labor Certification Process: Average of 18 months.
Once you have a qualifying job offer and an employer who is ready to sponsor your green card, the next step is to complete the Program for Electronic Review Management (PERM) Labor certification. This is a process that requires your employer to demonstrate that the foreign worker (you) is not taking a job position away from qualified U.S. workers.
What should an employer do to process PERM?
Answer: Your employer with the support of an immigration attorney will conduct a recruitment process to ensure that you are not displacing any qualified U.S. workers
The PERM can take about a year and a half to obtain depending on whether or not your employer is subjected to an audit. Here is the breakdown of the timeline for PERM Labor processing times:
- Prevailing Wage Request: six to eight months
- Recruitment Process: two to six months
- ETA-9089 Application: six to eight months
After getting approved on the PERM Labor Certification, what is the next step?
Answer: Your employer will need to file a Petition for Alien Worker Form I-140. Once your Form I-140 is approved, and your priority date becomes current, your next step is to process the application with the National Visa Center for processing of green card at the U.S. Consulate. If you are in the United States you can file an Adjustment of Status by submitting an I-485 form. The I-485 is the last stage along the employment-based green card timeline, but in most cases, it has the longest waiting period. However, you will be issued a work authorization document after submitting Form I-485 in about five months.
Note: This is not a legal advice and presented for educational purposes only. Our office successfully obtained green card for caregivers.
Bankruptcy Basics
We also process Bankruptcy cases.
- Bankruptcy will actually improve your credit within one year because your unsecured debts are discharged. Although the bankruptcy will be in your records for 10 years, not filing bankruptcy will make your credit even worse until most your debts are paid.
- If you are being sued by your creditors, most money judgment can be eliminated in bankruptcy.
- Collection actions continue and you can be sued if you are in debt settlement.
- Chapter 7 will eliminate all unsecured debts. If you are near retirement age, you must eliminate most of your debts.
If you have immigration problems the Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse, which could lead to deportation and family separation.
Chris Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers. He has practiced immigration law, bankruptcy, personal injury and income tax representation since June 1999. His contact phone is 1-877-456-9266, email: [email protected] Website: www.crispinlozanolaw.com/ with offices in Hayward and Cerritos, CA.
