Petitioning caregivers is a long and complex process that you should be aware of. You need to know this to save time and money. This is a very challenging time for those Care Home Facility owners because of the shortage of Caregivers. 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 May 1, 2020. However, if you are inside the US you can file an adjustment of status based on approved I-140 petition if your priority date is June 1, 2020.
What are the requirements for EB-3 Green Card for Skilled Workers, Professionals, or Other Workers?
Answer: The EB-3 green card covers a wide range of applicants and has less stringent requirements compared to the two categories above. To qualify as a skilled worker, you must demonstrate that you have at least two years of job experience or training in the job you are applying through.
To qualify as a professional, you must have at least a U.S. bachelor’s degree or its foreign degree equivalent in the field you are working in.
Other workers are usually unskilled workers who are able to 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, which will likely mean a longer application timeline than other categories where the PERM can be waived.
Note that since some cases require additional paperwork to be filed, it’s best to contact a qualified employment immigration attorney.
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:
1. Have a U.S. Employer
2. Complete PERM Labor Certification Process: Average of Six to Nine 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 between six months and 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: twenty four weeks
- Recruitment Process: eight to nine weeks
- ETA-9089 Application: 24 weeks
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, you can file for 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.
1. 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.
2. If you are being sued by your creditors, most money judgment can be eliminated in bankruptcy.
3. Collection actions continue and you can be sued if you are in debt settlement.
4. 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.
