Employment-Based Green Cards - Application Process
After you have received an ideal job deal from a U.S. employer (if you need a task offer under your prospective category of legal long-term house), getting a U.S. green card is a multistage procedure. Here, we'll offer an introduction.
Basic Steps to Receiving U.S. Lawful Permanent Residence Based on 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 on Employment
In short, requesting an employment based green card involves these actions:
- Your potential employer requests 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 official judgment as to just how much money is usually paid to people in jobs like the one you've been used. The PWD will normally end 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 issued.
- Your company markets and hires for the task you have actually been provided and eventually figures out (in good faith) that there are no qualified U.S. employees offered and going to take the job.
- Your company submits a PERM labor certification application online, utilizing the electronic USDOL Form 9089.
- You wait the numerous months that the DOL will require to adjudicate the PERM labor accreditation application, and mail the accredited 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 certification approval, your employer prepares and submits a petition utilizing Form I-140, issued by U.S. Citizenship and Immigration Services (USCIS).
- After USCIS authorizes the petition, you wait up until a visa is available. It might be instantly offered, if the variety of individuals who used in your category because exact same year is less than the number of visas offered; or if a lot of people used, then you might have to wait up until your Priority Date ends up being current. (Get information on monitoring your Priority Date.).
- You file a permit application and pay the costs, either utilizing USCIS Form I-485 to "adjust status," which eventually consists of an interview at a regional immigration workplace near your home, or by finishing numerous steps to ultimately have an interview at a U.S. consulate outside of 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 legally present or otherwise eligible to adjust 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 enter the U.S. with your immigrant visa, at which time you become a permanent resident. Your green card will arrive by mail numerous weeks later.
Note that in cases when there is no backlog in your green card category (and everyone's top priority date is existing according to the Department of State's newest Visa Bulletin), you can submit your I-485 application together with your company'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: Making An Application For a U.S. Lawful Permanent Residence Without Labor Certification
If you receive an immigrant visa category that does not accreditation, dokuwiki.stream then you will not require to follow all of the steps described 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 authorized, either file a Form I-485 permit application with USCIS (if you are lawfully present within the United States and qualified 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 kids below the age of 21 and you receive a permit through employment, your partner and kids can get green cards as accompanying relatives. They will need to provide evidence of their family relationship to you, such as marriage or birth certificates.