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Opened Feb 11, 2025 by Kayleigh Newcomer@lqfkayleigh026
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Employment-Based Green Cards - Application Process


After you have received an ideal job offer from a U.S. employer (if you require a job deal under your prospective classification of lawful permanent residence), getting a U.S. green card is a multistage procedure. Here, we'll provide an overview.

Basic Steps to Receiving U.S. Lawful Permanent Residence Based Upon Employment
Exceptional Case: job 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 Upon Employment

In brief, requesting a work based permit these steps:

- Your prospective employer demands 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 as to just how much cash is generally paid to individuals in tasks like the one you have actually been offered. The PWD will usually expire within a year or less, so it will be essential to recruit for and file the PERM labor accreditation soon after the PWD is issued.

  • Your company promotes and recruits for the task you've been used and eventually identifies (in excellent faith) that there are no qualified U.S. workers readily available and ready to take the task.
  • Your employer files a PERM labor accreditation application online, using 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 accredited PERM application to your company (this time frame can extend as much as a year if the DOL picks your PERM application for audit).
  • Within 180 days of the PERM labor job certification approval, your company prepares and job files a petition using Form I-140, issued by U.S. Citizenship and Immigration Services (USCIS).
  • After USCIS authorizes the petition, you wait till a visa is offered. It might be instantly offered, if the variety of individuals who applied in your category because exact same year is less than the variety of visas offered; or if too many individuals applied, then you may need to wait up until your Priority Date becomes present. (Get information on monitoring your Priority Date.).
  • You submit a green card application and pay the fees, either using USCIS Form I-485 to "change status," which eventually includes an interview at a local migration office near your home, or by finishing several 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 use 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 information on these treatments, see Getting a Green Card: Consular Processing vs. Adjustment of Status.).
  • If your interview is at a consulate, after approval you get in the U.S. with your immigrant visa, at which time you become a long-term citizen. Your permit will show up by mail several weeks later.

    Note that in cases when there is no backlog in your permit category (and everyone's priority date is existing according to the Department of State's newest Visa Bulletin), you can send your I-485 application along with your employer'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 documents for the visa interview abroad.

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

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

    You or job your company will simply file the USCIS Form I-140 immigrant petition directly with the USCIS Service Center and, once it's approved, either file a Form I-485 permit application with USCIS (if you are legally present within the United States and eligible to change status) or await 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 wed or have children listed below the age of 21 and you qualify for a permit through work, your spouse and kids can get permits as accompanying family members. They will need to provide proof of their family relationship to you, such as marital relationship or birth certificates.
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Reference: lqfkayleigh026/homenetwork#1