Employment-Based Green Cards - Application Process
After you have actually gotten an appropriate task deal from a U.S. employer (if you need a task deal under your potential classification of legal long-term home), getting a U.S. permit is a multistage procedure. Here, we'll offer a summary.
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 Upon Employment
In brief, getting an employment based permit includes these steps:
- Your potential company demands what's called a fundamental wage decision (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 just how much cash is normally paid to people in tasks like the one you've been provided. The PWD will typically expire within a year or less, so it will be very important to recruit for and file the PERM labor accreditation not long after the PWD is provided.
- Your employer markets and hires for the job you've been offered and eventually identifies (in good faith) that there are no certified U.S. employees readily available and happy to take the task.
- Your employer submits a PERM labor accreditation application online, utilizing the electronic USDOL Form 9089.
- You wait the several months that the DOL will require to adjudicate the PERM labor employment accreditation application, employment and mail the accredited PERM application to your employer (this time frame can extend up to a year if the DOL chooses your PERM application for audit).
- Within 180 days of the PERM labor accreditation approval, your company prepares and files a petition using Form I-140, released by U.S. Citizenship and Immigration Services (USCIS).
- After USCIS authorizes the petition, you wait till a visa is readily available. It might be instantly readily available, if the variety of individuals who applied in your category in that very same year is less than the number of visas offered; or if too lots of people applied, then you might have to wait till your Priority Date ends up being current. (Get details on monitoring your Priority Date.).
- You file a green card application and pay the charges, either utilizing USCIS Form I-485 to "change status," which eventually includes an interview at a local migration office near your home, or by finishing a number of actions to ultimately have an interview at a U.S. consulate beyond 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 legally present or otherwise qualified to adjust status. (For detailed info 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 become an irreversible 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 green card (and everybody's priority date is existing according to the Department of State's newest Visa Bulletin), you can submit your I-485 application together with your company's I-140 petition. If you're following the consular processing option, you'll need to wait on I-140 approval from USCIS before preparing your documents 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 require labor accreditation, then you will not need to follow all of the steps outlined above.
You or your company will merely file the USCIS Form I-140 immigrant petition directly with the USCIS Service Center and, once it's approved, either submit a Kind I-485 permit application with USCIS (if you are legally present within the United States and qualified to adjust status) or await 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 below the age of 21 and you receive a permit through work, your partner and kids can get green cards as accompanying loved ones. They will require to supply proof of their family relationship to you, such as marriage or birth certificates.