Employment-Based Green Cards - Application Process
After you have actually received an ideal job offer from a U.S. company (if you require a task offer under your potential category of lawful irreversible house), getting a U.S. green card is a multistage process. Here, we'll offer an introduction.
Basic Steps to Receiving U.S. Lawful Permanent Residence Based Upon 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 brief, getting an employment based permit involves these actions:
- Your potential employer requests 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 official ruling regarding how much cash is usually paid to individuals in tasks like the one you have actually been used. The PWD will usually end within a year or less, so it will be necessary to recruit for and submit the PERM labor certification quickly after the PWD is provided.
- Your employer markets and recruits for the task you have actually been used and eventually determines (in excellent faith) that there are no competent U.S. employees available and prepared to take the job.
- Your company files a PERM labor certification application online, utilizing the electronic USDOL Form 9089.
- You wait the several months that the DOL will require to adjudicate the PERM labor certification application, and mail the accredited PERM application to your employer (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 certification approval, your company prepares and submits a petition utilizing Form I-140, released by U.S. Citizenship and Immigration Services (USCIS).
- After USCIS authorizes the petition, you wait till a visa is offered. It might be immediately available, if the variety of people who applied in your category in that exact same year is less than the number of visas readily available; or if a lot of individuals used, then you may have to wait till your Priority Date ends up being existing. (Get information on monitoring your Priority Date.).
- You file a green card application and employment pay the costs, either Form I-485 to "change status," which ultimately consists of an interview at a regional migration office near your home, or by completing several actions to ultimately have an interview at a U.S. consulate beyond the U.S. (through what is called "consular processing"). Which procedure you use depends on where you are living now, and if you remain in the U.S., whether you are legally present or otherwise qualified to adjust status. (For detailed information on these treatments, 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 permanent homeowner. Your permit will arrive by mail numerous weeks later on.
Note that in cases when there is no stockpile in your green card category (and everyone's concern date is existing according to the Department of State's latest Visa Bulletin), you can send your I-485 application along with your employer's I-140 petition. If you're following the consular processing choice, you'll require to wait on I-140 approval from USCIS before preparing your documents for the visa interview abroad.
Exceptional Case: Obtaining a U.S. Lawful Permanent Residence Without Labor Certification
If you receive an immigrant visa classification that does not require labor accreditation, then you will not require to follow all of the steps described above.
You or your company will just submit the USCIS Form I-140 immigrant petition directly with the USCIS Service Center and, once it's authorized, either submit a Form I-485 permit application with USCIS (if you are lawfully present within the United States and eligible 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 children listed below the age of 21 and you get approved for a green card through work, your spouse and kids can get permits as accompanying loved ones. They will need to provide evidence of their family relationship to you, such as marital relationship or birth certificates.