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Opened Feb 26, 2025 by Heath Gyles@agzheath89916
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Employment-Based Green Cards - Application Process


After you have actually received a suitable job deal from a U.S. company (if you need a job offer under your prospective classification of legal permanent house), 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 on 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, job getting a work based green card involves these actions:

- Your prospective company demands what's called a fundamental wage determination (PWD) from the U.S. Department of Labor, using the online FLAG system. The PWD is the Department of Labor's official ruling regarding just how much money is typically paid to individuals in jobs like the one you have actually been provided. The PWD will usually end within a year or less, so it will be important to recruit for and file the PERM labor accreditation not long after the PWD is provided.

  • Your employer promotes and job hires for the job you have actually been provided and eventually identifies (in great faith) that there are no qualified U.S. workers readily available and job ready to take the job.
  • Your employer submits a PERM labor certification application online, using the electronic USDOL Form 9089.
  • You wait the several months that the DOL will take to adjudicate the PERM labor accreditation application, and mail the accredited PERM application to your company (this time frame can extend as much as a year if the DOL chooses your PERM application for audit).
  • Within 180 days of the PERM labor certification approval, your employer prepares and submits a petition using Form I-140, job released by U.S. Citizenship and Immigration Services (USCIS).
  • After USCIS authorizes the petition, you wait up until a visa is offered. It might be right away readily available, if the number of people who used in your category because same year is less than the variety of visas available; or if a lot of people applied, then you might have to wait till your Priority Date ends up being present. (Get info on monitoring your Priority Date.).
  • You file a green card application and pay the fees, either utilizing USCIS Form I-485 to "change status," which ultimately includes an interview at a regional migration office 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 use depends on where you are living now, and if you are in the U.S., whether you are lawfully present or otherwise eligible to adjust status. (For detailed information on these treatments, see Getting a Permit: 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 become a permanent citizen. Your green card will show up by mail numerous weeks later on.

    Note that in cases when there is no stockpile in your permit classification (and everybody's priority date is current according to the Department of State's most current Visa Bulletin), you can submit your I-485 application in addition to your company'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 files for the visa interview abroad.

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

    If you qualify for an immigrant visa category that does not require labor job certification, then you will not need to follow all of the actions outlined above.

    You or your company will simply file the USCIS Form I-140 immigrant petition directly with the USCIS Service Center and, once it's approved, either submit a Form I-485 permit application with USCIS (if you are legally present within the United States and qualified to change status) or await directions from the National Visa Center (NVC) to prepare you for a visa interview at a U.S. embassy abroad.

    Lawful for Spouse and Children of Employee

    If you're married or have kids listed below the age of 21 and you receive a permit through work, your partner and children can get permits as accompanying loved ones. They will require to offer proof of their household relationship to you, such as marital relationship or birth certificates.
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Reference: agzheath89916/3srecruitment#93