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What goes into preparing for an employment-based green card?

Starting October 1, 2022, which marks the beginning of the 2023 fiscal year, country quotas on employment-based green cards are expected to be eliminated.

Currently, no one country can receive more than 7% of the total number of granted employment-based visas. Because of this, green card seekers from populous countries like India and China have faced longer waiting periods due to the large number of applicants.

The newly implemented quota will roll out over the course of the next nine years, and because longer processing times are expected for employment-based visas and employment-based green cards, it’s important to be prepared for the changes that will be made.

Once the country quota is eliminated, processing times may increase or decrease depending on an applicant’s country of origin. If you are from a country that is expected to have an increased waiting period, it’s encouraged that you apply for an I-485, which is an application to register for permanent residency, before October 1, 2022.

For those who have been under a student visa for a long period of time, careful preparation of documents detailing transfer of funds is important, including entry and departure records of parents or family who came to visit the U.S. and gave money to the student visa holder, as well as proof of family relationship.

It’s also essential to prepare documents showing that you maintained your studies under the student visa. This is possible with report cards, graduation certificates, receipts of school fees, school textbooks, class notes or a list of teachers and classmates. During the interview for an employment-based green card, you may be denied if it’s determined that you did not keep up your studies while under the student visa.

Recently, many people have experienced long waiting times even after completing an interview. You must be able to provide all documents requested by the immigration officer, and if you are unable to produce the original copy of a document, you should be prepared with a copy.

The Biden administration is expected to carry out policies that are friendlier to immigrations than the Trump administration. To see good results, you must be sure to prepare the documents needed for your immigration status.

 

Law Offices of Gary J. Kim
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