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Family of Green Card Holder or Applicant

1. An applicant with a pending green card case, who is in the U.S., should still consult with a competent immigration attorney to apply for or maintain a non-green-card work visa or immigration status even if the U.S. Citizenship and Immigration Services has issued and approved his/her I-765 Application for Employment Authorization (EAD).

PERM: Permanent Labor Certification

1. An applicant with a pending green card case, who is in the U.S., should still consult with a competent immigration attorney to apply for a non-green card work visa even if the U.S. Citizenship and Immigration Services has issued and approved his/her I-765 Application for Employment Authorization (EAD).

2. Choosing the employment-based classification (such as an EB-1, EB-2 or EB-3) is crucial to the processing time for the green card case especially for foreign nationals with certain country of birth (not nationality). Some EB green card cases can take 6 to 9 years go process while other EB green card cases may take 2 or less years to process.

3. Most employment-based green card cases consist of three stages:

a) Stage 1: PERM

b) Stage 2: I-140 Immigrant Petition for Alien Work.

c) Stage 3: I-485 Applications for Adjustment of Status.

i. During this stage, the green card applicant can seek to apply (recommended) for I-131 advance parole and I-765 employment authorization document (EAD).

Stages 2 and 3 may be filed concurrently or at the same time, depending on criteria.

EB-3: Professionals or Skilled Workers Employment-Based 3^rd Preference

1. An applicant with a pending green card case, who is in the U.S., should still consult with a competent immigration attorney to apply for a non-green card work visa even if the U.S. Citizenship and Immigration Services has issued and approved his/her I-765 Application for Employment Authorization (EAD).

2. Choosing the employment-based classification (such as an EB-1, EB-2 or EB-3) is crucial to the processing time for the green card case especially for foreign nationals with certain country of birth (not nationality). Some EB green card cases can take 6 to 9 years go process while other EB green card cases may take 2 or less years to process.

3. Most employment-based green card cases consist of three stages: 
a) Stage 1: PERM

b) Stage 2: I-140 Immigrant Petition for Alien Work.

c) Stage 3: I-485 Applications for Adjustment of Status.
i. During this stage, the green card applicant can seek to apply (recommended) for I-131 advance parole and I-765 employment authorization document (EAD).
Stages 2 and 3 may be filed concurrently or at the same time, depending on criteria.

EB-2:  Advanced or Master’s Degree Employment-Based 2^nd Preference

EB-2:  Bachelor’s Degree Plus 5-Year Experience Employment-Based 2^nd Preference

1.    An applicant with a pending green card case, who is in the U.S., should still consult with a competent immigration attorney to apply for a non-green card work visa whether or not the U.S. Citizenship and Immigration Services has issued and approved his/her I-765 Application for Employment Authorization (EAD).

2.    Choosing the employment-based classification (such as an EB-1, EB-2 or EB-3) is crucial to the processing time for the green card case especially for foreign nationals with certain country of birth (not nationality).  Some EB green card cases can take, for example, 6 to 9 years to process while other EB green card cases may take, for example, 2 or less years to process.

1. The National Interest Waiver Employment-Based second preference petitions are green card sponsorships that can be self-petition or through an employer.

2. The National Interest Waiver green card petitions are for foreign nationals who are of exceptional ability in their field of work and whose work or contributions are of national interests to the U.S.

3. PERM permanent labor certification is not required for these green card cases.