Employment-Based Green Cards – Application Process

After you have actually gotten an ideal job offer from a U.S. employer (if you require a task offer under your prospective category of lawful long-term house), getting a U.S. permit is a multistage procedure. Here, we’ll provide an introduction.

Basic Steps to Receiving U.S. Lawful Permanent Residence Based on Employment

Exceptional Case: Looking For employment a U.S. Lawful Permanent Residence Without Labor Certification

Lawful Permanent Residence for Spouse and employment Children of Employee

Basic Steps to Receiving U.S. Lawful Permanent Residence Based Upon Employment

In short, obtaining a work based permit involves these actions:

– Your potential employer requests what’s called a prevailing wage determination (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 how much money is normally paid to people in tasks like the one you have actually been offered. The PWD will generally end within a year or less, so it will be essential to recruit for and submit the PERM labor accreditation not long after the PWD is released.
– Your company promotes and recruits for the job you have actually been offered and eventually determines (in great faith) that there are no competent U.S. workers available and going to take the task.
– Your employer submits a PERM labor accreditation application online, utilizing the electronic USDOL Form 9089.
– You wait the numerous 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 selects your PERM application for audit).
– Within 180 days of the PERM labor accreditation approval, your employer prepares and files a petition using Form I-140, provided by U.S. Citizenship and Immigration Services (USCIS).
– After USCIS approves the petition, you wait till a visa is offered. It may be right away available, if the number of individuals who applied in your category in that exact same year is less than the number of visas offered; or if too lots of individuals used, then you may have to wait till your Priority Date ends up being existing. (Get information on monitoring your Priority Date.).
– You submit a permit application and pay the fees, either using USCIS Form I-485 to “adjust status,” which ultimately includes an interview at a local migration workplace near your home, or by completing a number of steps to eventually have an interview at a U.S. consulate outside of the U.S. (through what is called “consular processing”). Which treatment you use 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 adjust status. (For detailed details on these procedures, see Getting a Permit: 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 citizen. Your permit will arrive by mail several weeks later.

Note that in cases when there is no backlog in your permit classification (and everyone’s priority date is current according to the Department of State’s latest 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 option, you’ll require to wait on I-140 approval from USCIS before preparing your files for the visa interview abroad.

Exceptional Case: Getting a U.S. Lawful Permanent Residence Without Labor employment Certification

If you qualify for an immigrant visa that does not need labor accreditation, then you will not need to follow all of the steps detailed above.

You or your company will merely submit the USCIS Form I-140 immigrant petition straight with the USCIS Service Center and, once it’s authorized, either submit a Kind I-485 green card application with USCIS (if you are lawfully present within the United States and eligible to adjust status) or employment wait for instructions 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 listed below the age of 21 and you get approved for a green card through employment, your spouse and kids can get green cards as accompanying loved ones. They will require to offer evidence of their household relationship to you, such as marital relationship or birth certificates.