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What are the EB2 and EB3 Green Cards?

(Legal Permanent Residence through an Employer)
There are 3 kinds of Green Card that an employer can file for you. They are called EB1, EB2 and EB3. Depending upon the category chosen, there may be different steps required and you may hear people refer to the process as Labor Certification or PERM.

EB1:

  • Available to foreign nationals who demonstrate extraordinary ability in their field, whether the sciences, the arts, education, business, or athletics. No Employer is required. Please see last page.

EB2:

  • The job you apply for must require an advanced degree and you must possess such a degree or its equivalent (a baccalaureate degree plus 5 years progressive work experience in the field)

EB3 (most common):

  • The job you apply for must require at least 2 years job experience or training or require a baccalaureate degree or foreign equivalent, and a member of the profession.

Stage 1 : Determining the wage for the job

Get a job offer from an employer
  • An employer must make you a job offer, or at the minimum have a job available that suit your skill set.

PWD (Prevailing Wage Request)

Cost: NONE
Time: 6 months
Your employer makes a “prevailing wage request” to the U.S. Department of Labor (DOL) . The employer has to obtain the average wage for the profession to make sure you are not paid less than the average American for this job.

Labor Certification : Place Ads & Recruiting

Cost: $3,500
Time: 3 months
The next recruitment step is especially critical, as the entire point of the process is to demonstrate to the DOL (Department of Labor) that no willing and qualified U.S. workers applied for the job opportunity. Your employer must conduct “good faith” recruitment, which means the recruitment must be genuinely calculated to attract any available U.S. workers. There are three mandatory advertisements. Your employer must place an advertisement with the state workforce agency in the state of intended employment.

What are the EB2 and EB3 Green Cards?

(Legal Permanent Residence through an Employer)
Additionally, your employer must place newspaper advertisements on two different Sundays. The newspaper must be the major newspaper of general circulation in the area of intended employment. Along with the mandatory advertisements, your employer must also place three other advertisements and post a notice of the job opportunity at the worksite location.

Labor Certification : File ETA Form 9089 (PERM)

Cost: NONE
Time: 9 months
After the advertisements are complete, your employer will file the application with the DOL using ETA Form 9089 (provided no qualified and willing U.S. workers applied for the job position). The ETA Form 9089 again provides the DOL with information on the job opportunity (such as the worksite location, duties, requirements, and prevailing wage), information on the employer’s recruitment process (such as where the employer placed the ads and on what dates), and information on the foreign worker (such as the worker’s place of birth, education credentials, and work experience). After filing the ETA Form 9089, you will wait several months for the DOL to adjudicate the PERM. The DOL can: 1.
  • Approve the PERM (Proceed to Stage 2)
  • Deny the PERM (Restart the process)
  • Audit the PERM (- Average time for an audit is 9 months)
If your PERM is audited, the DOL will ask your employer to provide additional evidence for the application. After your employer responds to the audit request, the DOL will review the new evidence and either approve or deny the PERM.

Stage 2: File form I-140

Cost $700 and if premium processing is additional $2,500 Time: 15 days
After receiving the approved PERM, your employer can move on to the next big step of the process, which is filing an I-140 visa petition on your behalf with U.S. Citizenship and Immigration Services. This is the actual Application for an immigrant (green card) visa.

Stage 3: Change status to Legal Permanent Residence

Green Card Cost $1, 225 per adult and $750 per child (under 14) Time: at least 9 months
Work Permit and Travel Permits are received in 3 months. Once the I-140 is approved, you have to file an adjustment of status for the whole family. It is imperative that you are all in some status when the adjustment is filed. If you are out of the country then the Green Card is processed at your local embassy.

Our business set up & consulting fees: $15,000

  • *we are not a law firm
  • Intense process, lasts several months.

USA immigration fees: $6,700+

  • Newspaper Ads:
    $3,500
  • Immigration Application:
    $7,00
  • Premium Processing:
    $2,500
    *If you want your application processed within 15 days
  • Adjustment of Status:
    $1,225 x $740 x

total fees: $15,000 + $6,700 + $21,700+ = $16,268

* You have to bring an employer who is willing to sponsor you. * If you don’t have an employers, share your resume or CV with us and our recruitment agency will try to locate a suitable employer for a fee.

EB1: Extraordinary Ability/Outstanding Professor/ Multinational Executive

EB1:

Available to foreign nationals who demonstrate extraordinary ability in their field, whether the sciences, the arts, education, business, or athletics. Extraordinary ability is normally proven through showing evidence of “sustained national or international acclaim”
You may File your own petition without an employer, or have an employer file for you. No matter if you require an employer or not, no recruitment is necessary.
There are 3 kinds of EB1 applications:

Extraordinary Ability:

  • You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation. No offer of employment is required.

Outstanding Professors and Researchers:

  • You must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least three years experience teaching or researching in that academic area. You must be entering the United States in order to pursue tenure or a tenure track teaching or comparable research position at a university or other institution of higher education.

Multinational Manager or Executive:

  • You must have been employed outside the United States for at least one year by a firm or corporation during the three years preceding the petition and you must be seeking to enter the United States to continue service for that firm or organization. Your employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.
Employer Criteria for Multinational Manager or Executive:
  • Your petitioning employer must be a U.S. employer.
  • Your employer must have been doing business for at least one year, as an affiliate, a subsidiary, or as the same corporation or other legal entity that employed you abroad.

GEMS USA Immigration

Immigration and Business Consultants
  • GEMS USA Immigration is a world-class Immigration Consulting Firm that has the knowledge, experience and skills to help you realize your dream to relocate, settle and eventually immigrate to the United States.
  • GEMS is led by Mr. Bilal. Khaleeq, an immigrant and a serial entrepreneur who started his first business right out of college and has continued to initiate, build and run several successful enterprises. Mr. Khaleeq’s knowledge spans several industries over many decades and has helped thousands of families settle successfully in the United States. Mr. Khaleeq earned a Bachelors Science in Electrical Engineering (BS) from the University of Texas at Austin, a Masters of Business Administration (MBA) from Rice University in Houston Texas, and Doctor of Jurisprudence from Creighton University in Omaha, Nebraska.
  • GEMS has the expertise to guide our clients through the all aspects of relocating to the United States through various immigration options by acquiring, running and managing of business enterprises, no matter the size, the type of business or the ownership structure. Whether you want to purchase a franchise, start your business or enter a partnership, we can provide the insights and expertise to make it happen
  • Our Company can also help evaluate your experience, education and accomplishments to help you immigrate to the United States based on employment or self petitioning for legal permanent residence.
  • We believe in building strong businesses through strong personal relationships. We are excited to offer our expertise and knowledge to help you navigate the various paths towards relocating and immigrating to the USA.

The GEMS team will make the process
as smooth and welcoming as possible

Connect now for smooth immigration process. We provide you with a proper guidelines in order to make the verification process clear.
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