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Opened Feb 10, 2025 by Alfie Brunning@alfiebrunning4
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Employment-Based Green Cards - Application Process


After you have gotten an ideal job deal from a U.S. employer (if you require a task offer under your potential classification of legal long-term house), getting a U.S. green card is a multistage process. Here, we'll provide an overview.

Basic Steps to Receiving U.S. Lawful Permanent Residence Based on Employment
Exceptional Case: Getting 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 short, applying for a work based green card includes these actions:

- Your potential company requests what's called a fundamental wage decision (PWD) from the U.S. Department of Labor, utilizing the online FLAG system. The PWD is the Department of Labor's formal judgment regarding just how much money is normally paid to individuals in tasks like the one you've been used. The PWD will generally expire within a year or less, so it will be necessary to hire for and submit the PERM labor certification right after the PWD is issued.

  • Your company advertises and recruits for the job you have actually been offered and ultimately determines (in excellent faith) that there are no certified U.S. available and happy to take the task.
  • Your company submits a PERM labor accreditation 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 accreditation application, and mail the certified PERM application to your company (this time frame can extend as much as a year if the DOL picks your PERM application for audit).
  • Within 180 days of the PERM labor certification approval, your company prepares and files a petition using Form I-140, released by U.S. Citizenship and Immigration Services (USCIS).
  • After USCIS approves the petition, you wait up until a visa is offered. It may be instantly offered, if the variety of people who applied in your classification because same year is less than the number of visas offered; or if a lot of people applied, then you might need to wait until your Priority Date ends up being current. (Get info on monitoring your Priority Date.).
  • You file a permit application and pay the costs, either using USCIS Form I-485 to "adjust status," which ultimately consists of an interview at a local immigration workplace near your home, or by finishing numerous actions to eventually have an interview at a U.S. consulate beyond the U.S. (through what is called "consular processing"). Which treatment you utilize depends upon where you are living now, and if you remain in the U.S., whether you are legally present or otherwise eligible to adjust status. (For detailed info 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 end up being a long-term resident. Your green card will get here by mail numerous weeks later on.

    Note that in cases when there is no stockpile in your green card category (and everybody's top priority date is existing according to the Department of State's newest Visa Bulletin), you can submit your I-485 application in addition to your employer's I-140 petition. If you're following the consular processing alternative, you'll need to wait for I-140 approval from USCIS before preparing your documents for the visa interview abroad.

    Exceptional Case: employment 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 actions outlined above.

    You or your employer will merely file the USCIS Form I-140 immigrant petition directly with the USCIS Service Center and, once it's authorized, either submit a Kind I-485 permit application with USCIS (if you are lawfully present within the United States and eligible 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 Permanent Residence for Spouse and Children of Employee

    If you're married or have children below the age of 21 and you certify for a green card through employment, your partner and kids can get permits as accompanying loved ones. They will need to supply proof of their household relationship to you, such as marriage or birth certificates.
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Reference: alfiebrunning4/sharingopportunities#27