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Opened Feb 12, 2025 by Halina Hennessey@halinahennesse
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Employment-Based Green Cards - Application Process


After you have actually gotten an ideal task deal from a U.S. company (if you need a task offer under your prospective classification of legal long-term house), getting a U.S. green card is a multistage process. Here, we'll provide an introduction.

Basic Steps to Receiving U.S. Lawful Permanent Residence Based Upon Employment
Exceptional Case: Obtaining 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 quick, obtaining an employment based green card includes these steps:

- Your potential company requests what's called a fundamental wage determination (PWD) from the U.S. Department of Labor, employment using the online FLAG system. The PWD is the Department of Labor's formal ruling regarding how much money is generally paid to people in jobs like the one you've been provided. The PWD will normally expire within a year or less, so it will be essential to hire for and submit the PERM labor certification not long after the PWD is provided.

  • Your company promotes and hires for the job you have actually been provided and ultimately identifies (in great faith) that there are no competent U.S. workers offered and ready to take the job.
  • Your company files a PERM labor certification application online, utilizing the electronic USDOL Form 9089.
  • You wait the numerous 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 approximately a year if the DOL chooses your PERM application for audit).
  • Within 180 days of the PERM labor accreditation approval, your employer prepares and submits a petition using Form I-140, provided 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 available, if the number 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 people used, then you might need to wait till your Priority Date becomes present. (Get information on monitoring your Priority Date.).
  • You file a green card application and pay the costs, either using USCIS Form I-485 to "change status," which eventually includes an interview at a regional migration workplace near your home, or by completing numerous actions to eventually have an interview at a U.S. consulate outside of the U.S. (through what is called "consular processing"). Which procedure you utilize depends on where you are living now, and if you are in the U.S., whether you are lawfully present or otherwise eligible to change status. (For detailed details on these treatments, see Getting a Green Card: 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 end up being a permanent resident. Your green card will show up by mail numerous weeks later.

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

    Exceptional Case: Making An Application For a U.S. Lawful Permanent Residence Without Labor Certification

    If you receive an immigrant visa category that does not require labor accreditation, then you will not require to follow all of the steps laid out 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 Type I-485 green card application with USCIS (if you are legally present within the United States and eligible to adjust status) or wait for 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 wed or have children listed below the age of 21 and you get approved for a green card through work, your spouse and children can get permits as accompanying loved ones. They will require to supply evidence of their family relationship to you, such as marriage or birth certificates.
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Reference: halinahennesse/hireon#1