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Employment-Based Green Cards – Application Process

After you have actually gotten an ideal task offer from a U.S. employer (if you require a job deal under your potential category of legal irreversible residence), getting a U.S. green card is a multistage procedure. Here, we’ll supply an introduction.

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

Exceptional Case: Obtaining 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 an employment based permit involves these steps:

– 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 formal ruling regarding how much money is typically paid to people in jobs like the one you have actually been offered. The PWD will typically end within a year or less, so it will be essential to recruit for and submit the PERM labor accreditation right after the PWD is issued.
– Your company advertises and recruits for the task you have actually been offered and eventually identifies (in excellent faith) that there are no competent U.S. employees available and happy to take the job.
– 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 certification application, and mail the licensed PERM application to your company (this time frame can extend up to a year if the DOL picks your PERM application for audit).
– Within 180 days of the PERM labor certification approval, your employer prepares and files a petition using Form I-140, by U.S. Citizenship and Immigration Services (USCIS).
– After USCIS authorizes the petition, you wait until a visa is readily available. It may be instantly available, job if the variety of people who used in your category in that same year is less than the number of visas readily available; or if a lot of people used, job then you may have to wait till your Priority Date becomes present. (Get information on monitoring your Priority Date.).
– You submit a permit application and pay the fees, either utilizing USCIS Form I-485 to “change status,” which eventually consists of an interview at a regional immigration workplace near your home, or by finishing several steps to eventually have an interview at a U.S. consulate beyond the U.S. (through what is called “consular processing”). Which treatment you use depends upon where you are living now, and if you remain in the U.S., whether you are lawfully present or otherwise qualified to adjust status. (For detailed details on these procedures, see Getting a Green Card: 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 become a long-term resident. Your green card will get here by mail a number of weeks later on.

Note that in cases when there is no backlog in your permit classification (and everybody’s concern date is present according to the Department of State’s newest Visa Bulletin), you can send your I-485 application along with your employer’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 files for the visa interview abroad.

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

If you qualify for an immigrant visa category that does not need labor accreditation, then you will not need to follow all of the actions described 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 permit application with USCIS (if you are legally present within the United States and qualified to change 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 Spouse and Children of Employee

If you’re married or have kids below the age of 21 and job you get approved for a green card through employment, your spouse and children can get permits as accompanying relatives. They will need to provide proof of their family relationship to you, job such as marriage or birth certificates.