Employment-Based Green Cards - Application Process
After you have received an ideal job offer from a U.S. employer (if you need a task deal under your potential classification of legal permanent house), getting a U.S. green card is a multistage procedure. Here, employment we'll supply an overview.
Basic Steps to Receiving U.S. Lawful Permanent Residence Based on Employment
Exceptional Case: Applying 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 quick, requesting an employment based green card involves these steps:
- Your potential company demands what's called a prevailing wage decision (PWD) from the U.S. Department of Labor, using the online FLAG system. The PWD is the Department of Labor's formal judgment as to just how much cash is typically paid to people in jobs like the one you have actually been used. The PWD will typically end within a year or less, so it will be important to hire for and file the PERM labor certification not long after the PWD is released.
- Your employer advertises and hires for the task you have actually been offered and eventually determines (in good faith) that there are no certified U.S. employees offered and ready to take the task.
- Your employer submits a PERM labor accreditation application online, using the electronic USDOL Form 9089.
- You wait the a number of months that the DOL will require to adjudicate the PERM labor certification application, and mail the licensed 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 accreditation approval, your employer prepares and files a petition utilizing Form I-140, provided by U.S. Citizenship and Immigration Services (USCIS).
- After USCIS approves the petition, you wait up until a visa is readily available. It might be immediately available, if the variety of individuals who used in your category because same year is less than the number of visas available; or if too lots of individuals applied, then you might need to wait till your Priority Date becomes present. (Get details on monitoring your Priority Date.).
- You submit a permit application and pay the charges, either utilizing USCIS Form I-485 to "adjust status," which eventually includes an interview at a local migration workplace near your home, or by completing numerous actions to ultimately have an interview at a U.S. consulate outside of the U.S. (through what is called "consular processing"). Which treatment you utilize depends on where you are living now, and if you remain in the U.S., whether you are lawfully present or otherwise qualified to . (For detailed information on these procedures, see Getting a Green Card: Consular Processing vs. Adjustment of Status.).
- If your interview is at a consulate, after approval you go into the U.S. with your immigrant visa, at which time you end up being a long-term citizen. Your permit will get here by mail numerous weeks later on.
Note that in cases when there is no stockpile in your permit classification (and everyone's priority date is existing according to the Department of State's most current Visa Bulletin), you can send your I-485 application along with your employer's I-140 petition. If you're following the consular processing option, you'll need to await I-140 approval from USCIS before preparing your documents for the visa interview abroad.
Exceptional Case: Making An Application For a U.S. Lawful Permanent Residence Without Labor Certification
If you qualify for an immigrant visa category that does not require labor certification, then you will not need to follow all of the steps outlined above.
You or your company will simply file the USCIS Form I-140 immigrant petition straight with the USCIS Service Center and, once it's authorized, either file a Form I-485 permit application with USCIS (if you are legally present within the United States and employment qualified to change 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 children can get permits as accompanying loved ones. They will require to provide proof of their family relationship to you, such as marital relationship or birth certificates.