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Employment-Based Green Cards – Application Process

After you have received an appropriate task offer from a U.S. employer (if you need a job offer under your prospective category of lawful irreversible house), getting a U.S. green card is a multistage procedure. Here, we’ll provide an overview.

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

Exceptional Case: Looking For 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, looking for a work based permit involves these actions:

– Your prospective company demands 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 as to how much money is generally paid to people in jobs like the one you’ve been offered. The PWD will normally expire within a year or less, so it will be essential to recruit for and submit the PERM labor certification quickly after the PWD is provided.
– Your company promotes and recruits for the job you’ve been provided and ultimately figures out (in good faith) that there are no certified U.S. workers readily available and employment going to take the job.
– Your employer files a PERM labor accreditation application online, using the electronic USDOL Form 9089.
– You wait the a number of months that the DOL will take to adjudicate the PERM labor certification application, and mail the licensed PERM application to your company (this time frame can extend as much as a year if the DOL selects your PERM application for audit).
– Within 180 days of the PERM labor accreditation approval, your company prepares and submits a using Form I-140, issued by U.S. Citizenship and Immigration Services (USCIS).
– After USCIS authorizes the petition, you wait until a visa is offered. It might be right away available, if the number of people who applied in your category because same year is less than the number of visas available; or if a lot of individuals applied, then you may have to wait until your Priority Date ends up being present. (Get details on monitoring your Priority Date.).
– You file a green card application and pay the fees, either utilizing USCIS Form I-485 to “adjust status,” which ultimately includes an interview at a regional migration workplace near your home, or by finishing several actions to ultimately have an interview at a U.S. consulate outside of 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 qualified to change 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 end up being a long-term citizen. Your green card will get here by mail a number of weeks later.

Note that in cases when there is no backlog in your green card 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 along with your company’s I-140 petition. If you’re following the consular processing option, you’ll require to wait for I-140 approval from USCIS before preparing your files for the visa interview abroad.

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

If you receive an immigrant visa category that does not require labor accreditation, employment then you will not need to follow all of the steps outlined above.

You or your company will just submit the USCIS Form I-140 immigrant petition straight with the USCIS Service Center and, once it’s approved, either submit a Type I-485 permit application with USCIS (if you are lawfully present within the United States and eligible to adjust 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 children listed below the age of 21 and you certify for a green card through employment, your partner and kids can get permits as accompanying loved ones. They will need to supply proof of their household relationship to you, such as marriage or birth certificates.