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Employment-Based Green Cards – Application Process

After you have received an appropriate job deal from a U.S. company (if you need a job offer under your prospective category of legal long-term home), getting a U.S. permit is a multistage procedure. Here, we’ll offer a summary.

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

Exceptional Case: Looking 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 brief, requesting a work based green card includes these actions:

– Your potential company requests what’s called a fundamental wage determination (PWD) from the U.S. Department of Labor, using the online FLAG system. The PWD is the Department of Labor’s official judgment regarding just how much money is generally paid to people in jobs like the one you’ve been offered. The PWD will usually end within a year or less, so it will be very important to hire for and file the PERM labor accreditation right after the PWD is released.
– Your employer markets and recruits for the job you’ve been used and eventually figures out (in great faith) that there are no competent U.S. employees offered and prepared to take the task.
– Your company submits 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 certified PERM application to your company (this time frame can extend up to a year if the DOL chooses your PERM application for audit).
– Within 180 days of the PERM labor accreditation approval, your company prepares and submits a petition using Form I-140, issued by U.S. Citizenship and Immigration Services (USCIS).
– After USCIS approves the petition, you wait until a visa is offered. It may be right away readily available, if the number of people who applied in your category because same year is less than the variety of visas offered; or if too numerous individuals used, then you may need to wait till your Priority Date ends up being existing. (Get details on monitoring your Priority Date.).
– You submit a permit application and pay the costs, 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 steps to ultimately have an interview at a U.S. consulate beyond the U.S. (through what is called « consular processing »). Which treatment you use depends upon where you are living now, and somalibidders.com if you remain in the U.S., whether you are legally present or otherwise qualified to change status. (For 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 go into the U.S. with your immigrant visa, at which time you become a long-term citizen. Your green card will show up by mail several weeks later on.

Note that in cases when there is no backlog in your permit category (and everybody’s priority date is existing according to the Department of State’s newest 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, you’ll need to wait for I-140 approval from USCIS before preparing your files for the visa interview abroad.

Exceptional Case: Obtaining a U.S. Residence Without Labor Certification

If you receive an immigrant visa classification that does not require labor certification, then you will not need to follow all of the actions outlined 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 Kind I-485 green card application with USCIS (if you are legally present within the United States and eligible to change status) or referall.us await directions 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 below the age of 21 and you receive a permit through work, your spouse and kids can get permits as accompanying loved ones. They will require to offer proof of their family relationship to you, such as marriage or birth certificates.