AOS through employment

[mike3029744]

Hi,

I have a few questions regarding to adjustment of status through employment. My brother has been here in the US under F1 visa (student visa). He is about to graduate and filling for OPT (Optional Practical Training) for one year after graduation. Here are the questions:

1. If he got a sponsorship from his employer after the OPT, how long will it take his employer to apply for H1B visa for him? and how long is the H1B visa for?

2. After achieving H1b visa, can he apply for greencard? How does the process work?

3. Is there any chance for him to apply for US citizenship through the way?

I would appriciate your answers. Thank you

[USnoiva]

EB-3 Eligibility and Filing

EB-3 classification includes:

Aliens with at least two years of experience as skilled workers;
Professionals with a baccalaureate degree; and
Other workers with less than two years experience, such as an unskilled worker who can perform labor for which qualified workers are not available in the United States.
While eligibility requirements for the EB-3 classification are less stringent than the EB-1 and EB-2 classifications, you should be aware that a long backlog exists for visas in the "other workers" category. The regulations for EB-3 workers are found at 8 CFR § 204.5.

Skilled worker positions are not seasonal or temporary and require at least two years of experience or training. The training requirement may be met through relevant post-secondary education. The Form ETA-750 (Labor Certification) states the job requirements, which determine whether a job is skilled or unskilled. For more information, please see the Department of Labor's Employment and Training Administration Website.

Professionals must hold a U.S. baccalaureate degree or foreign equivalent degree that is normally required for the profession. Education and experience may not be substituted for the degree.

Other workers are in positions that require less than two years of higher education, training, or experience. However, due to the long backlog, a petitioner could expect to wait many years before being granted a visa under this category. See How Do I Get an Immigrant Visa Number? for more information.

Application Procedures

Your employer must file a USCIS Form I-140 at the USCIS Regional Service Center that serves the area where you will work. All I-140 EB-3 petitions must include a labor certification and a permanent, full-time job offer. There are no exceptions. Additional guidance relating to Department of Labor requirements is found at the Department of Labor's Employment and Training Administration Website.

Forms are available by calling 1-800-870-3676, or by submitting a request through our forms by mail system. For further information on filing fees, please see USCIS filing fees, fee waiver request procedures, and the USCIS fee waiver policy memo. Please click here for more information on USCIS offices.

Processing Times (https://egov.uscis.gov/cris/jsps/ptimes.jsp)

[USnoiva]

More info:

To naturalize through employment, US requires the applicant have status as an LPR for 5 years and you shouldn't leave the country for a long period of time since you will need to meet the residency requirement.

I believe he also may need to stay with the same company that sponsors his visa until he receives his residency.