Employment-Based Green Cards - Application Process
After you have received an ideal job deal from a U.S. employer (if you need a job deal under your potential category of legal long-term home), getting a U.S. green card is a multistage procedure. Here, we'll provide a summary.
Basic Steps to Receiving U.S. Lawful Permanent Residence Based Upon Employment
Exceptional Case: Applying 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 on Employment
In short, looking for an employment based green these steps:
- Your potential employer demands what's called a fundamental wage determination (PWD) from the U.S. Department of Labor, utilizing the online FLAG system. The PWD is the Department of Labor's formal judgment regarding just how much money is usually paid to people in jobs like the one you've been provided. The PWD will typically end within a year or less, so it will be very important to hire for and submit the PERM labor accreditation quickly after the PWD is released.
- Your employer promotes and hires for the task you have actually been provided and eventually identifies (in good faith) that there are no certified U.S. workers readily available and going to take the job.
- Your company files a PERM labor accreditation application online, utilizing the electronic USDOL Form 9089.
- You wait the a number of months that the DOL will require to adjudicate the PERM labor employment certification application, and mail the accredited PERM application to your company (this time frame can extend up to a year if the DOL selects your PERM application for audit).
- Within 180 days of the PERM labor accreditation approval, your company prepares and files a petition utilizing Form I-140, provided by U.S. Citizenship and Immigration Services (USCIS).
- After USCIS approves the petition, you wait until a visa is offered. It may be immediately available, if the number of individuals who applied in your classification in that exact same year is less than the variety of visas available; or if too numerous individuals used, then you may have to wait up until your Priority Date ends up being 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 ultimately includes an interview at a regional immigration workplace near your home, or employment by completing several actions to ultimately have an interview at a U.S. consulate beyond the U.S. (through what is called "consular processing"). Which treatment you utilize 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 information 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 end up being a permanent local. Your permit will get here by mail a number of weeks later.
Note that in cases when there is no stockpile in your permit classification (and everybody's concern date is existing according to the Department of State's newest 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 await I-140 approval from USCIS before preparing your documents for employment the visa interview abroad.
Exceptional Case: Applying for a U.S. Lawful Permanent Residence Without Labor Certification
If you receive an immigrant visa category that does not require labor certification, then you will not require to follow all of the steps described above.
You or your company will simply submit the USCIS Form I-140 immigrant petition directly with the USCIS Service Center and, once it's approved, either submit a Form I-485 green card application with USCIS (if you are lawfully present within the United States and qualified to adjust 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 receive a green card through employment, your spouse and children can get green cards as accompanying relatives. They will require to provide proof of their family relationship to you, such as marital relationship or birth certificates.