We help businesses obtain temporary and permanent visas for executives and employees. We assist entrepreneurs in obtaining options to do business in the U.S. Compliance services available for I-9s include audits, training, and defense in government initiated action.
The I-140 Immigrant Visa Petition must be submitted to USCIS for categories EB1, EB2 and EB3. EB1 candidates and EB2 candidates filing for a National Interest Waiver would apply as an individual or through a business without a required PERM. A certified PERM application for the remaining E-B2 and E-B3 must be completed and certified prior to filing the I-140. The entire packet will be compiled to establish the candidates qualifications, to verify compliance with all regulations and when sponsored by a business, the financial viability of the company. The visa application processing time is currently taking between 4-6 months although there is some variance in different areas of the country and processing times are always subject to change based on the number of cases the government is processing. Once approved the individual may apply to adjust their status to lawful permanent resident if their priority date is current. The priority date is located on the initial receipt notice for the I-140 and should be compared to the Current Visa Bulletin. If already in the US, some workers may be allowed to continue working while waiting for the priority date to be reached. You can contact the Cauley Law Firm to determine if this would apply to you or your employee.
Once the priority date has been reach, the final process for completing the case would be filing to apply for permanent resident status or obtaining a "green card". This process is done by filing form I-485 or the I-485 packet as several applications are involved. In some cases where the priority date is current at the time of filing, the visa application and application for permanent resident status may be filed at the same time or concurrently. This was the case with certain EB2 cases recently, however the priority dates for the current visa bulletin for EB3 is 5 years from being current. This means that although the petition for an immigration visa may be approved, the application to adjust status would not be filed for five years or until the priority date is current on the visa bulletin.
The information included on this page is general information as it relates to immigration services provided by the Cauley Forsythe Law Group, PLLC and does not constitute legal advice nor does it establish an attorney/client relationship. If you believe this information may assist you with your need for entry into the United States and would like legal guidance, you can contact Cauley Forsythe to learn specific information relating to this visa and how it may apply to your case.