Employment-Based Green Cards - Application Process
After you have actually received a suitable task offer from a U.S. company (if you need a task deal under your prospective category of legal permanent home), getting a U.S. green card is a multistage procedure. Here, we'll supply a summary.
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 quick, looking for a work based permit involves these steps:
- Your prospective 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 ruling regarding just how much money is typically paid to people in jobs like the one you have actually been offered. The PWD will generally expire within a year or less, so it will be necessary to recruit for and file the PERM labor accreditation soon after the PWD is provided.
- Your company advertises and recruits for the task you have actually been provided and eventually figures out (in great faith) that there are no certified U.S. employees offered and ready to take the job.
- Your employer submits a PERM labor accreditation application online, utilizing 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 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 accreditation 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 until a visa is offered. It may be right away offered, if the variety of individuals who applied in your classification because very same year is less than the variety of visas available; or if a lot of individuals used, then you might need to wait up until your Priority Date ends up being current. (Get information on monitoring your Priority Date.).
- You file a green card application and pay the costs, either using USCIS Form I-485 to "adjust status," which ultimately consists of an interview at a regional immigration workplace near your home, or by finishing several steps 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, employment and if you remain in the U.S., whether you are legally present or otherwise qualified to change status. (For detailed info on these procedures, see Getting a Permit: vs. Adjustment of Status.).
- If your interview is at a consulate, employment after approval you enter the U.S. with your immigrant visa, at which time you end up being a long-term local. Your green card will show up by mail a number of weeks later.
Note that in cases when there is no backlog in your permit classification (and everyone's priority date is existing 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 wait on I-140 approval from USCIS before preparing your files for the visa interview abroad.
Exceptional Case: Applying for 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 need to follow all of the steps detailed above.
You or your company will just file the USCIS Form I-140 immigrant petition straight with the USCIS Service Center and, once it's authorized, either file a Type I-485 green card application with USCIS (if you are lawfully present within the United States and eligible to change status) or wait for instructions from the National Visa Center (NVC) to prepare you for employment 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 green card through employment, your spouse and kids can get permits as accompanying relatives. They will need to supply evidence of their family relationship to you, employment such as marital relationship or birth certificates.