Client’s Corner: How I Got a Green Card Based on My Employment as a Skilled Worker (EB-3)

One of the ways to obtain a Green Card based on employment is through the EB-3 Immigrant Visa. The following is an overview of the process by one of our clients, Reza Moghtaderi Esfahani, who received his Green Card based on employment.

“My application for Adjustment of Status was based on the EB-3 employment category. I was among the few cases of F-1 students who were lucky enough to have met an employer that agreed to sponsor their Green Card without requiring them to go through the H1-B process. Even though I had a fully-funded acceptance letter to a Master’s Degree program in Computer Science, I wanted to continue working in the professional world after receiving my Bachelor’s Degree, so I discussed this issue with my employer towards the end of the first year of my Optional Practical Training (OPT).

Reza Moghtaderi Esfahani

Once I found The Grady Firm and they prepared my application with information provided by me and my employer, my attorneys filed an Application for Prevailing Wage Determination with the Department of Labor in February 2017. Then my employer began the recruitment process for US workers by posting job ads in local newspapers and online as part of the PERM process. After a few months of running the ads, and when no US citizen or Permanent Resident applied for the position, we obtained an approved LCA and filed a form I-140 with USCIS in December 2017. The I-140 was approved in January 2018. We then submitted my I-485 application to Adjust Status to that of a Permanent Resident in February 2018.

Soon after, I received my Employment Authorization Card (EAD) and travel document (Advance Parole) in April 2018. I was now able to work after the expiration of my OPT, and was eligible to travel outside of the United States while my Adjustment of Status application was pending.

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USCIS Temporarily Suspends Premium Processing for Fiscal Year 2019 H-1B Cap Petitions

enter-usa-h1b-visaAs of April 2, 2018, USCIS began accepting H-1B petitions subject to the Fiscal Year (FY) 2019 cap.  This cap was reached in just four days, by April 6, 2018.
USCIS has temporarily suspended premium processing for all FY 2019 cap-subject petitions, including petitions seeking an exemption for individuals with a U.S. master’s degree or higher. This suspension is expected to last until Sept. 10, 2018. During this time, USCIS will continue to accept premium processing requests for H-1B petitions that are not subject to the FY 2019 cap.
USCIS will notify the public before resuming premium processing for cap-subject H-1B petitions or making any other premium processing updates.

During this temporary suspension, USCIS will reject any Form I-907, Request for Premium Processing Service, filed with an FY 2019 cap-subject H-1B petition. If a petitioner submits one combined check for the fees for Form I-907 and Form I-129, Petition for a Nonimmigrant Worker, both forms will be rejected.

Once USCIS resumes premium processing, petitioners may file a Form I-907 for FY 2019 cap-subject H-1B petitions that remain pending.

Requesting Expedited Processing

While premium processing is suspended, a petitioner may submit a request to expedite an FY 2019 cap-subject H-1B petition if it meets the criteria on the Expedite Criteria webpage. It is the petitioner’s responsibility to demonstrate that they meet at least one of the expedite criteria, and USCIS encourages petitioners to submit documentary evidence to support their expedite request. USCIS reviews all expedite requests on a case-by-case basis and will grant requests at the discretion of its office leadership.

The Reason for Temporary Suspension of Premium Processing for H-1B Petitions

This temporary suspension will help USCIS reduce overall H-1B processing times. By temporarily suspending premium processing, USCIS will:

  • Process long-pending petitions, which it has currently been unable to process due to the high volume of incoming petitions and the significant surge in premium processing requests over the past few years; and
  • Prioritize adjudication of H-1B extension of status cases that are nearing the 240 day mark.

Look for USCIS’ updates on the H-1B FY 2019 Cap Season webpage.

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The Grady Firm, P.C. Expands to Orange County with Irvine, CA Office

Irvine officeThe Grady Firm, P.C. is pleased to announce the opening of its new office in Irvine, California, to better serve the needs of its clientele in Orange County.  The Grady Firm, P.C. offers services in Business, Immigration, Employment, and Intellectual Property law.  The Irvine location supports the growing economy in technology, life sciences, professional services, and healthcare in Orange County, and is conveniently located with easy access to John Wayne Airport and the 405, 55, and 73 freeways.

The firm’s managing partner, Jennifer Grady, Esq. is a former Irvine resident and graduate of University High School.

See our firm’s Yelp page for reviews of the Irvine office and our Beverly Hills headquarters.

The Irvine Office is located at:

19800 MacArthur Blvd.
Suite 300
Irvine, CA 92612
+1 (949) 354-3201 Continue reading