Employment-Based Green Cards - Application Process
After you have gotten an ideal task deal from a U.S. company (if you need a job deal under your potential category of lawful irreversible residence), getting a U.S. permit is a multistage process. Here, we'll provide an overview.
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 of Employee
Basic Steps to Receiving U.S. Lawful Permanent Residence Based on Employment
In short, applying for an employment based permit includes these actions:
- Your potential company demands what's called a prevailing wage decision (PWD) from the U.S. Department of Labor, utilizing the online FLAG system. The PWD is the Department of Labor's official ruling regarding how much money is generally paid to individuals in jobs like the one you have actually been offered. The PWD will normally end within a year or less, so it will be crucial to hire for and file the PERM labor accreditation not long after the PWD is issued.
- Your company promotes and hires for the task you have actually been provided and ultimately figures out (in great faith) that there are no competent U.S. employees offered and ready to take the job.
- Your employer files a PERM labor accreditation application online, utilizing 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 licensed 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 employer prepares and submits a petition utilizing Form I-140, issued by U.S. Citizenship and Immigration Services (USCIS).
- After USCIS approves the petition, you wait up until a visa is available. It may be instantly offered, if the variety of individuals who used in your classification in that same year is less than the variety of visas available; or if too lots of individuals applied, then you may have to wait till your Priority Date becomes existing. (Get info 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 consists of an interview at a regional immigration workplace near your home, or by finishing a number of steps to ultimately have an interview at a U.S. consulate beyond the U.S. (through what is called "consular processing"). Which treatment you use depends upon 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 procedures, 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 become a long-term homeowner. Your permit will get here by mail several weeks later.
Note that in cases when there is no stockpile in your permit category (and everyone's priority date is current according to the Department of State's latest Visa Bulletin), you can send your I-485 application in addition to your employer's I-140 petition. If you're following the consular processing alternative, you'll require to wait for 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 Certification
If you get approved for an immigrant visa classification that does not require labor accreditation, then you will not need to follow all of the actions laid out above.
You or your employer will merely file the USCIS Form I-140 immigrant petition straight with the USCIS Service Center and, once it's approved, either file a Kind I-485 green card application with USCIS (if you are legally present within the United States and eligible to adjust status) or wait for 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 links.gtanet.com.br you certify for a green card through employment, your spouse and kids can get green cards as accompanying loved ones. They will require to supply proof of their family relationship to you, such as marital relationship or birth certificates.