How Can You Expedite Your Employment-Based Green Card Application?

Obtaining an employment-based Green Card can be a lengthy process, often taking several years to complete. However, certain strategies can help expedite your application. This guide will focus on practical steps you can take to potentially shorten the wait time for your employment-based Green Card.

1. Choose the Right Employment-Based Category

Prioritize Categories with Shorter Wait Times

The first step in expediting your Green Card application is selecting the appropriate employment-based category. Some categories have shorter wait times than others:

• EB-1: Priority workers, including individuals with extraordinary abilities, outstanding professors and researchers, and multinational executives or managers. This category generally has shorter processing times.
• EB-2: Professionals with advanced degrees or exceptional abilities. This category may have longer wait times, especially for applicants from high-demand countries like India or China.
• EB-3: Skilled workers, professionals, and other workers. This category typically has longer processing times compared to EB-1 and EB-2.

Choosing the EB-1 category, if eligible, can significantly reduce your waiting period.

2. Utilize Premium Processing

Expedite the I-140 Petition

Premium Processing is an optional service offered by U.S. Citizenship and Immigration Services (USCIS) that expedites the processing of your Form I-140, Immigrant Petition for Alien Worker. For an additional fee, USCIS guarantees a response within 15 calendar days.

How to Request Premium Processing:

• Form I-907: File Form I-907, Request for Premium Processing Service, along with your Form I-140 or after it has been filed.
• Fee: Pay the current premium processing fee, which is subject to change, so check the latest fee structure on the USCIS website.

This option is particularly useful if your priority date is current or approaching soon.

3. File for Adjustment of Status and Employment Authorization Concurrently

Streamline Your Application Process

If you are already in the United States, you may be eligible to file for Adjustment of Status (Form I-485) once your priority date is current. To expedite the process, file your I-485 concurrently with:

• Employment Authorization Document (EAD) (Form I-765): This allows you to work legally in the U.S. while your Green Card application is pending.
• Advance Parole (Form I-131): This permits you to travel internationally without abandoning your Green Card application.

Filing these forms concurrently can save time and allow you to continue working and traveling while your application is processed.

4. Avoid Common Mistakes and Delays

Ensure Accuracy and Completeness

Errors and omissions in your application can lead to significant delays. To avoid unnecessary setbacks:

• Double-Check Forms: Ensure all forms are filled out accurately and completely.
• Submit All Required Documents: Include all necessary supporting documents, such as job offers, financial records, and proof of qualifications.
• Respond Promptly to RFEs: If USCIS issues a Request for Evidence (RFE), respond as quickly as possible with the requested information.

Consider consulting with an immigration attorney to review your application before submission to minimize the risk of errors.

5. Explore National Interest Waivers

Bypass the Labor Certification Process

For certain EB-2 applicants, a National Interest Waiver (NIW) allows you to bypass the PERM Labor Certification process, which can significantly expedite your application. To qualify, you must demonstrate that your work is in the national interest of the United States.

Eligibility for National Interest Waiver:

• Advanced Degree or Exceptional Ability: You must hold an advanced degree or possess exceptional ability in your field.
• Substantial Merit and National Importance: Your work must have substantial merit and national importance.
• Well-Positioned to Advance the Proposed Endeavor: You must be well-positioned to advance the work you propose.
• Balancing Test: Demonstrate that waiving the labor certification would benefit the U.S. more than enforcing the requirement.

If successful, the NIW can reduce the time spent in the labor certification process, accelerating your overall Green Card application.

6. Keep Track of Priority Dates

Monitor Visa Bulletin for Updates

The Visa Bulletin, published monthly by the U.S. Department of State, provides updates on the availability of immigrant visas. Your priority date (the date your I-140 was filed) must be current before you can file for Adjustment of Status or Consular Processing.

Tips for Managing Priority Dates:

• Regularly Check the Visa Bulletin: Stay informed about the movement of your priority date.
• Consult with an Attorney: Work with an immigration attorney to strategize when to file additional forms based on the current Visa Bulletin.

Being proactive and staying informed can help you take timely action as soon as your priority date becomes current.

7. Consider Consular Processing

Alternative to Adjustment of Status

If you are outside the United States, you will go through Consular Processing to obtain your Green Card. In some cases, Consular Processing may be faster than Adjustment of Status, particularly if there are delays at USCIS.

Steps for Consular Processing:

• National Visa Center (NVC): Submit your documents and fees to the NVC.
• Interview at U.S. Consulate: Attend an interview at a U.S. consulate or embassy in your home country.

Consular Processing can be a quicker route for those residing abroad, especially if your priority date is current and you’re ready to proceed.

Conclusion

Expediting your employment-based Green Card application requires strategic planning and careful attention to detail. By selecting the right category, utilizing premium processing, and avoiding common mistakes, you can significantly reduce your waiting time. Additionally, consider alternatives like National Interest Waivers or Consular Processing, and always stay informed about your priority date.

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My name is Daven Ghandi, and I’m a U.S. immigration lawyer and the founder of KAZA Law. In this article, we discussed various strategies to expedite your employment-based Green Card application, from choosing the right category to utilizing premium processing and exploring National Interest Waivers. If you have any further questions about expediting your Green Card process or need assistance with any other immigration-related matters, feel free to schedule a free consultation by clicking this link.