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Employment-Based Green Cards – Application Process

After you have gotten a suitable job offer from a U.S. company (if you need a job offer under your potential category of legal long-term home), getting a U.S. green card is a multistage procedure. Here, we’ll offer an overview.

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

Exceptional Case: 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 on Employment

In brief, looking for a work based green card involves these actions:

– Your potential company 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 regarding just how much cash is normally paid to individuals in tasks like the one you’ve been used. The PWD will usually end within a year or less, so it will be essential to hire for and file the PERM labor certification quickly after the PWD is issued.
– Your employer markets and hires for the task you’ve been used and employment eventually identifies (in great faith) that there are no certified U.S. employees 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 numerous months that the DOL will take to adjudicate the PERM labor accreditation application, and mail the licensed 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 accreditation approval, your employer prepares and submits a petition using Form I-140, provided by U.S. Citizenship and Immigration Services (USCIS).
– After USCIS approves the petition, you wait until a visa is readily available. It might be instantly readily available, if the variety of individuals who used in your category because exact same year is less than the number of visas available; or if too lots of people applied, then you might need to wait until your Priority Date ends up being present. (Get info on monitoring your Priority Date.).
– You submit a permit application and pay the costs, either utilizing USCIS Form I-485 to “adjust status,” which ultimately includes an interview at a local migration office near your home, or by finishing numerous actions to eventually have an interview at a U.S. consulate beyond the U.S. (through what is called “consular processing”). Which treatment you use depends on where you are living now, and if you remain in the U.S., whether you are lawfully present or otherwise qualified to adjust status. (For detailed info 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 an irreversible local. Your permit will arrive by mail several weeks later.

Note that in cases when there is no stockpile in your permit category (and everyone’s top priority date is existing according to the Department of State’s most current Visa Bulletin), you can send your I-485 application in addition to your company’s I-140 petition. If you’re following the consular processing alternative, employment you’ll need to wait for I-140 approval from USCIS before preparing your files for the visa interview abroad.

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

If you receive an immigrant visa classification that does not need labor accreditation, then you will not need to follow all of the actions outlined above.

You or employment your company will merely submit the USCIS Form I-140 immigrant petition directly with the USCIS Service Center and, once it’s authorized, either submit a Type I-485 permit application with USCIS (if you are legally 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 employment 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 partner and children can get green cards as accompanying loved ones. They will need to provide proof of their household relationship to you, such as marital relationship or birth certificates.

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