Employment-Based Green Cards – Application Process

After you have actually gotten an appropriate job offer from a U.S. company (if you require a task offer under your potential classification of lawful long-term home), getting a U.S. permit is a multistage procedure. Here, we’ll provide an introduction.

Basic Steps to Receiving U.S. Lawful Permanent Residence Based on Employment

Exceptional Case: Making An Application For a U.S. Lawful Permanent Residence Without Labor Certification

Lawful Permanent Residence for employment Spouse and Children of Employee

Basic Steps to Receiving U.S. Lawful Permanent Residence Based on Employment

In short, applying for an employment based permit involves these actions:

– Your prospective company demands what’s called a fundamental wage (PWD) from the U.S. Department of Labor, using the online FLAG system. The PWD is the Department of Labor’s formal ruling regarding just how much cash is normally paid to people in tasks like the one you’ve been offered. The PWD will normally end within a year or less, so it will be necessary to hire for and file the PERM labor certification not long after the PWD is released.
– Your employer promotes and hires for employment the task you’ve been provided and ultimately determines (in great faith) that there are no qualified U.S. workers offered and ready to take the task.
– Your employer submits a PERM labor certification application online, utilizing the electronic USDOL Form 9089.
– You wait the a number of months that the DOL will take to adjudicate the PERM labor employment certification application, and mail the accredited PERM application to your company (this time frame can extend as much as a year if the DOL picks your PERM application for audit).
– Within 180 days of the PERM labor accreditation approval, your company prepares and submits a petition using Form I-140, released by U.S. Citizenship and Immigration Services (USCIS).
– After USCIS approves the petition, you wait till a visa is readily available. It may be immediately available, if the variety of people who applied in your category in that very same year is less than the number of visas readily available; or if too numerous individuals applied, then you may need to wait up until your Priority Date becomes present. (Get details on monitoring your Priority Date.).
– You submit a green card application and pay the costs, either using USCIS Form I-485 to “change status,” which ultimately consists of an interview at a regional migration office near your home, or by finishing several steps to eventually have an interview at a U.S. consulate outside of the U.S. (through what is called “consular processing”). Which procedure you utilize depends on where you are living now, and if you remain in the U.S., whether you are legally present or otherwise eligible to adjust status. (For detailed information on these treatments, see Getting a Green Card: employment Consular Processing vs. Adjustment of Status.).
– If your interview is at a consulate, after approval you enter the U.S. with your immigrant visa, at which time you become a permanent homeowner. Your green card will show up by mail several weeks later.

Note that in cases when there is no stockpile in your permit classification (and everyone’s priority date is present according to the Department of State’s most current Visa Bulletin), you can submit your I-485 application in addition to your employer’s I-140 petition. If you’re following the consular processing option, you’ll require to await I-140 approval from USCIS before preparing your files for the visa interview abroad.

Exceptional Case: Requesting a U.S. Lawful Permanent Residence Without Labor Certification

If you receive an immigrant visa category that does not need labor certification, then you will not need to follow all of the steps described above.

You or your employer will merely file the USCIS Form I-140 immigrant petition straight with the USCIS Service Center and, once it’s authorized, either file a Kind I-485 green card application with USCIS (if you are lawfully present within the United States and qualified to adjust status) or wait for guidelines from the National Visa Center (NVC) to prepare you for a visa interview at a U.S. embassy abroad.

Lawful Permanent Residence for Spouse and Children of Employee

If you’re married or have kids below the age of 21 and you receive a permit through employment, your spouse and employment children can get green cards as accompanying family members. They will require to provide proof of their family relationship to you, such as marriage or birth certificates.