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Law Offices of Carl Shusterman
   
 

August 12, 2019

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Green Cards for Caregivers
The Perfect Time to Apply

The number of baby boomers turning 65 years old is rapidly increasing, and, unfortunately, many of them have multiple chronic health conditions ranging from diabetes to dementia. Yet, the supply of caregivers is not keeping pace with the increasing demand for their services. Over 25% of caregivers are foreign-born, yet our broken immigration system does not provide for a temporary working visa category for them.

Some Good News

In the past, many employers have been reluctant to sponsor caregivers for green cards because of long government waiting times.

For example, as recently as October 2015, the waiting time to get a green card for a caregiver born in the Philippines (where many of the caregivers were born) was over 7 years. However, over the past few years, the waiting times have decreased considerably.

In June 2019, the waiting times for the Employment-Based 3rd Category (EB-3) for professionals, skilled and unskilled workers born not only in the Philippines, but in almost every country of the world, shrunk to zero!

Who qualifies as a caregiver? Generally, employers will request that a caregiver have 2-3 years of experience caring for seniors or patients. Among those who qualify are nurses, whether RNs, LPNs or CNAs.



 
 


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The Green Card Process

This does not mean that caregivers can get green cards instantly. Both they and their employers must undergo the following process:

1. PERM Labor Certification - An employer in the U.S. who wishes to sponsor a caregiver for a green card must start the process by advertising the job at the "prevailing wage" as set by the U.S. Department of Labor (DOL). If the employer can show that no minimally qualified American workers applied for the job, the DOL will approve the PERM application. This process usually takes 6-8 months.

2. I-140 Visa Petition - Once the PERM application is approved, the employer must file a visa petition with the Immigration Service (USCIS). The employer must show that they have the ability to pay the caregiver the required salary and that the caregiver has the requisite experience to perform the job duties. Although, the government sometimes takes many months to decide such petitions, if the employer pays a $1,410 premium processing fee to the USCIS, the agency must take action within 15 business days.

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Law Offices of Carl Shusterman
600 Wilshire Boulevard, Suite 1550

Los Angeles, CA, 90017
Phone: (213) 623-4592, Ext. 0
Fax: (213) 623-3720

 
 


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Disclaimer: This newsletter is not intended to establish an attorney-client relationship. All information contained in this newsletter is generalized. Any reliance on information contained herein is taken at your own risk.

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