Employment-Based Green Cards - Application Process
After you have actually received an ideal task offer from a U.S. company (if you need a job deal under your potential category of legal irreversible home), getting a U.S. green card is a multistage process. Here, job we'll supply a summary.
Basic Steps to Receiving U.S. Lawful Permanent Residence Based Upon Employment
Exceptional Case: job 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 short, obtaining an employment based permit includes these actions:
- Your potential employer requests what's called a prevailing wage determination (PWD) from the U.S. Department of Labor, utilizing the online FLAG system. The PWD is the Department of Labor's official judgment regarding just how much money is generally paid to individuals in tasks like the one you've been offered. The PWD will usually expire within a year or less, so it will be essential to hire for and submit the PERM labor certification quickly after the PWD is released.
- Your employer promotes and recruits for the job you've been offered and ultimately determines (in great faith) that there are no certified U.S. employees offered and going to take the job.
- Your employer submits a PERM labor certification 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 job certification application, and mail the licensed PERM application to your company (this time frame can extend up to a year if the DOL picks 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, issued by U.S. Citizenship and Immigration Services (USCIS).
- After USCIS authorizes the petition, you wait up until a visa is available. It may be instantly readily available, if the number of people who used in your category in that very same year is less than the variety of visas offered; or if a lot of people applied, then you might need to wait till your Priority Date ends up being existing. (Get information 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 includes an interview at a local migration workplace near your home, or by completing numerous steps to ultimately have an interview at a U.S. consulate outside of the U.S. (through what is called "consular processing"). Which treatment you use depends on where you are living now, and if you are in the U.S., whether you are lawfully present or otherwise qualified to change status. (For detailed information on these treatments, 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, job at which time you become a long-term homeowner. Your permit will show up by mail a number of weeks later on.
Note that in cases when there is no backlog in your permit category (and job everybody's priority date is current 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 alternative, you'll require to await I-140 approval from USCIS before preparing your files for the visa interview abroad.
Exceptional Case: Obtaining a U.S. Lawful Permanent Residence Without Labor Certification
If you certify for an immigrant visa classification that does not require labor certification, then you will not require to follow all of the actions detailed above.
You or your employer will merely submit the USCIS Form I-140 immigrant petition straight with the USCIS Service Center and, once it's authorized, either file a Form I-485 green card application with USCIS (if you are lawfully present within the United States and eligible to adjust status) or 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 wed or have kids below the age of 21 and you get approved for a permit through employment, your partner and kids can get green cards as accompanying family members. They will need to supply proof of their family relationship to you, such as marriage or birth certificates.