Employment-Based Green Cards – Application Process

After you have received an appropriate job offer from a U.S. company (if you require a task deal under your prospective classification of legal long-term home), getting a U.S. green card is a multistage procedure. Here, we’ll provide an overview.

to Receiving U.S. Lawful Permanent Residence Based Upon Employment

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

Lawful Permanent Residence for Spouse and Children of Employee

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

In brief, getting a work based green card involves these actions:

– Your potential employer demands what’s called a prevailing wage determination (PWD) from the U.S. Department of Labor, utilizing the online FLAG system. The PWD is the Department of Labor’s official ruling as to how much money is usually paid to people in jobs like the one you have actually been provided. The PWD will normally expire within a year or less, so it will be crucial to hire for and file the PERM labor employment accreditation right after the PWD is provided.
– Your employer advertises and hires for employment the task you’ve been provided and ultimately determines (in good faith) that there are no certified U.S. workers readily available and ready to take the task.
– Your company files a PERM labor accreditation application online, utilizing the electronic USDOL Form 9089.
– You wait the several months that the DOL will take to adjudicate the PERM labor certification application, employment and mail the accredited PERM application to your employer (this time frame can extend approximately a year if the DOL chooses your PERM application for audit).
– Within 180 days of the PERM labor certification approval, employment your employer prepares and submits a petition utilizing Form I-140, issued by U.S. Citizenship and Immigration Services (USCIS).
– After USCIS approves the petition, you wait until a visa is readily available. It may be instantly available, if the number of people who used in your classification in that same year is less than the number of visas available; or if too numerous individuals used, then you might have to wait till your Priority Date ends up being current. (Get information on monitoring your Priority Date.).
– You submit a permit application and pay the charges, either utilizing USCIS Form I-485 to “adjust status,” which ultimately consists of an interview at a regional migration workplace near your home, or employment by completing numerous steps to ultimately have an interview at a U.S. consulate beyond the U.S. (through what is called “consular processing”). Which procedure you utilize depends upon where you are living now, and if you are in the U.S., whether you are lawfully present or otherwise eligible to adjust status. (For detailed info on these procedures, see Getting a Permit: employment Consular Processing vs. Adjustment of Status.).
– If your interview is at a consulate, after approval you get in the U.S. with your immigrant visa, at which time you end up being an irreversible resident. Your permit will show up by mail a number of weeks later on.

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

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

If you qualify for an immigrant visa classification that does not require labor accreditation, then you will not need to follow all of the actions described above.

You or your employer will just file the USCIS Form I-140 immigrant petition directly with the USCIS Service Center and, once it’s authorized, either file a Type I-485 permit application with USCIS (if you are legally present within the United States and eligible to change status) or await directions 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 wed or have kids below the age of 21 and you get approved for employment a green card through employment, your partner and children can get green cards as accompanying relatives. They will need to offer proof of their family relationship to you, such as marriage or birth certificates.