GitLab

After you have actually gotten an appropriate job deal from a U.S. company (if you need a job offer under your potential category of lawful long-term home), getting a U.S. green card is a multistage process. Here, we'll offer an introduction.

Basic Steps to Receiving U.S. Lawful Permanent Residence Based Upon Employment
Exceptional Case: Requesting a U.S. Lawful Permanent Residence Without Labor Certification
Lawful Permanent Residence for employment Spouse and Children of Employee
Basic Steps to Receiving U.S. Lawful Based Upon Employment

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

- Your prospective company 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 official ruling as to how much cash is typically paid to individuals in jobs like the one you've been offered. The PWD will usually expire within a year or less, so it will be necessary to hire for and file the PERM labor accreditation not long after the PWD is provided.

• Your company promotes and recruits for the task you've been used and ultimately figures out (in great faith) that there are no certified U.S. workers offered and ready to take the job.
• Your employer files a PERM labor accreditation application online, using the electronic USDOL Form 9089.
• You wait the a number of months that the DOL will take to adjudicate the PERM labor certification application, and mail the licensed PERM application to your company (this time frame can extend approximately 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, released by U.S. Citizenship and Immigration Services (USCIS).
• After USCIS authorizes the petition, you wait till a visa is readily available. It may be immediately readily available, if the number of people who applied in your classification because same year is less than the number of visas offered; or if too many people applied, employment then you may need to wait up until your Priority Date ends up being existing. (Get details on monitoring your Priority Date.).
• You file a permit application and pay the costs, either utilizing USCIS Form I-485 to "change status," which ultimately includes an interview at a local migration office 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 procedure you utilize depends on where you are living now, and if you remain in the U.S., whether you are lawfully present or otherwise eligible to change status. (For employment 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 permanent local. Your permit will arrive by mail a number of weeks later.
  
  Note that in cases when there is no backlog in your permit category (and everyone's concern date is present according to the Department of State's most current Visa Bulletin), you can send your I-485 application together 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: Getting a U.S. Lawful Permanent Residence Without Labor Certification
  
  If you get approved for an immigrant visa classification that does not need labor certification, employment then you will not require to follow all of the steps detailed above.
  
  You or your employer will simply file the USCIS Form I-140 immigrant petition straight with the USCIS Service Center and, once it's approved, either file a Type I-485 green card application with USCIS (if you are lawfully present within the United States and employment qualified to adjust status) or await 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 kids listed below the age of 21 and you get approved for a permit through employment, your partner and kids can get permits as accompanying relatives. They will require to provide proof of their family relationship to you, such as marital relationship or birth certificates.