After the labor certification application and I-140 immigrant petition are approved, the applicant then files the third and final step with DHS, the green card application. The technical term for this application is “adjustment of status”. The employer does not have any responsibility at this stage, except to continue sponsorship. Instead the applicant is under scrutiny, signs all legal forms and produces a significant amount of documentary evidence. If approved, the applicant then obtains his or her green card.
Eligibility Requirements for the Adjustment of Status Application:

Generally, the applicant must show:

• Maintenance of status while in the U.S. (i.e. never overstaying a visa or doing something to violate that visa)
• That the sponsoring employer paid the correct wage as listed on the underlying non-immigrant visa
• That he or she has not been employed without authorization including self employment or working for an unauthorized employer
• Filed required state and federal taxes
• Has not otherwise violated immigration or other laws of the United States

It is not uncommon for an applicant to get through steps one and two, only to be denied a green card in the third and final step. Typical examples include a person in H-1B status who was not actually paid the wage pledged by an employer or someone who really performed different job duties than those stated on the H-1B petition, labor certification application or immigrant petition. Applicants interested in obtaining a green card should create a long-term strategy with their immigration attorney, that encompasses that person’s entire stay in the United States. Careful planning will increase the alien’s eligibility for a green card and help that person to avoid simple mistakes that will ultimately result in a denial.

Family Members:

The principal applicant’s spouse and children under 21 are also able to file for green cards, travel permission and work authorization.

Green Card Waiting Times:

Wait times vary significantly for employment based green card applicants. The Department of States takes all applicants and divides them into five categories, that are based on education and experience levels required for the sponsored position. Each category is assigned a yearly quota that determines the number of applicants who can apply for a green card each year. Because the processing times often differ significantly via category, it is imperative that timing is factored into the overall immigration strategy of each applicant.

It is important to note that the employees own educational and experience level is generally not the determinative factor in assigning the category level. The exceptions to this rule are those in the EB-1 category and those holding master’s degrees or higher.

These categories are as follows:

• EB-1:
• Workers of extraordinary ability (O-1)
• Outstanding professors and researchers (O-1)
• Multinational executives and managers (L-1A)
• EB-2:
• Members of the professions holding advanced degrees (Master’s or higher)
• When the position requires at least a bachelor’s degree and five years of post-degree progressive experience
• Workers of exceptional ability
• EB-3:
• Professional (bachelor’s degree required)
• Skilled workers (at least two years experience required)
• Other workers (less than two years experience required)
• EB-4: Religious Workers
• EB-5: Immigrant Investors

Employment Authorization When Green Card is Pending:

When filing for a green card, the applicant may apply for work authorization based on the green card applications. If the underlying non-immigrant petition is still valid, the employee may continue employment based on this approval as well. Derivative Family Members may also apply.

International Travel When Green Card is Pending:

When filing for a green card, the applicant may apply for advance parole document, which allows re-entry to the U.S. after international travel. A green card applicant may not leave the U.S. without this document or the underlying green card application is abandoned! The exception to this rule is for H-1B and L-1 visa holders who still have unexpired visas.

If you think you need a lawyer to handle your immigration case, please contact Ms Troy to arrange a consultation to discuss your options. Located in San Francisco, Attorney Christine Troy can help guide you through the various legal processes and resolve any issues regarding your case. Ms. Troy works on cases in San Francisco, the San Francisco Bay Area, Northern and Southern California, across the United States and internationally.

If you think you need a lawyer to handle your immigration case, please contact Ms Troy to arrange a consultation to discuss your options. Located in San Francisco, Immigration Attorney Christine Troy can help guide you through the various legal processes and resolve any issues regarding your case. Ms Troy works on cases in San Francisco, the San Francisco Bay Area, Northern and Southern California, across the United States, and internationally.