Employment-Based Green Cards – Application Process

After you have actually gotten an appropriate task offer from a U.S. employer (if you need a job offer under your prospective category of legal long-term home), getting a U.S. green card is a multistage procedure. Here, we’ll offer a summary.

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

Exceptional Case: Getting 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 short, using for job an employment based permit includes these actions:

– Your prospective company requests what’s called a prevailing wage determination (PWD) from the U.S. Department of Labor, using the online FLAG system. The PWD is the Department of Labor’s official judgment regarding just how much money is usually paid to people in tasks like the one you’ve been provided. The PWD will typically expire within a year or less, so it will be necessary to hire for and file the PERM labor certification soon after the PWD is released.
– Your company markets and recruits for the job you have actually been offered and ultimately determines (in excellent faith) that there are no certified U.S. workers offered and ready to take the job.
– Your company files a PERM labor accreditation application online, using the electronic USDOL Form 9089.
– You wait the numerous months that the DOL will take to adjudicate the PERM labor certification application, and mail the certified PERM application to your company (this time frame can extend up to a year if the DOL selects your PERM application for audit).
– Within 180 days of the PERM labor accreditation approval, job your company prepares and submits a petition using Form I-140, issued by U.S. Citizenship and Immigration Services (USCIS).
– After USCIS approves the petition, you wait until a visa is offered. It might be immediately available, if the variety of individuals who used in your classification in that same year is less than the variety of visas offered; or if a lot of individuals applied, then you may have to wait till your Priority Date ends up being present. (Get information on monitoring your Priority Date.).
– You file a permit application and pay the charges, either utilizing USCIS Form I-485 to “change status,” which eventually consists of an interview at a regional migration office near your home, or by finishing a number of 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 legally present or otherwise qualified to change status. (For detailed details on these procedures, see Getting a Permit: Consular Processing vs. Adjustment of Status.).
– If your interview is at a consulate, job after approval you enter the U.S. with your immigrant visa, at which time you end up being a permanent resident. Your permit will arrive by mail several weeks later.

Note that in cases when there is no stockpile in your permit classification (and job everybody’s priority date is present according to the Department of State’s newest Visa Bulletin), you can submit your I-485 application along with your employer’s I-140 petition. If you’re following the consular processing alternative, you’ll need to await 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 receive an immigrant visa classification that does not require labor job accreditation, then you will not require to follow all of the actions detailed above.

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

Lawful Permanent Residence for job Spouse and Children of Employee

If you’re married or have kids listed below the age of 21 and you qualify for job a green card through work, your partner and kids can get green cards as accompanying family members. They will require to supply proof of their household relationship to you, such as or birth certificates.