GitLab

After you have gotten an appropriate task offer from a U.S. company (if you require a job offer under your prospective category 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: Getting 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 quick, obtaining a work based permit involves these steps:

- Your prospective employer requests what's called a prevailing wage decision (PWD) from the U.S. Department of Labor, utilizing the online FLAG system. The PWD is the Department of Labor's official judgment as to how much cash is generally paid to people in jobs like the one you have actually been provided. The PWD will generally expire within a year or less, so it will be very important to recruit for and file the PERM labor certification not long after the PWD is released.

• Your company markets and recruits for the job you've been provided and ultimately determines (in excellent faith) that there are no certified U.S. workers readily available and ready to take the job.
• Your employer files a PERM labor employment certification application online, using the electronic USDOL Form 9089.
• You wait the numerous months that the DOL will require to adjudicate the PERM labor certification application, and mail the certified PERM application to your employer (this time frame can extend approximately a year if the DOL chooses your PERM application for audit).
• Within 180 days of the PERM labor accreditation approval, your employer prepares and submits a petition utilizing Form I-140, released by U.S. Citizenship and Immigration Services (USCIS).
• After USCIS approves the petition, you wait till a visa is offered. It may be right away available, if the variety of individuals who applied in your category in that same year is less than the number of visas readily available; or if too many individuals applied, then you may have to wait up until your Priority Date ends up being existing. (Get information on monitoring your Priority Date.).
• You submit a green card application and pay the fees, either utilizing USCIS Form I-485 to "adjust status," which eventually includes an interview at a regional immigration 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 qualified to adjust status. (For employment detailed info on these procedures, see Getting a Green Card: 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 end up being a permanent local. Your permit will show up by mail several weeks later.
  
  Note that in cases when there is no stockpile in your permit classification (and everyone's concern date is current according to the Department of State's newest Visa Bulletin), you can submit your I-485 application in addition to your employer's I-140 petition. If you're following the consular processing option, you'll require to wait for I-140 approval from USCIS before preparing your files for the visa interview abroad.
  
  Exceptional Case: Requesting a U.S. Lawful Permanent Residence Without Labor Certification
  
  If you get approved for an immigrant visa category that does not need labor certification, then you will not need to follow all of the actions detailed above.
  
  You or your company will merely submit the USCIS Form I-140 immigrant petition directly with the USCIS Service Center and, once it's approved, either file a Type I-485 permit application with USCIS (if you are legally present within the United States and employment eligible to change 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 children listed below the age of 21 and you get approved for a green card through work, your spouse and children can get green cards as accompanying relatives. They will require to provide evidence of their household relationship to you, such as marriage or birth certificates.