After you have gotten an appropriate job deal from a U.S. employer (if you require a job deal under your potential category of lawful long-term house), 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: Making An Application 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 Upon Employment
In quick, getting an employment based green card includes these steps:
- Your prospective 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 ruling regarding just how much cash is typically paid to people in jobs like the one you have actually been provided. The PWD will typically end within a year or less, so it will be important to recruit for and submit the PERM labor accreditation right after the PWD is issued.
- Your company markets and hires for the job you've been provided and ultimately figures out (in good faith) that there are no certified U.S. workers available and happy to take the task.
- Your employer submits a PERM labor certification application online, using the electronic USDOL Form 9089.
- You wait the a number of months that the DOL will take to adjudicate the PERM labor accreditation application, employment and mail the accredited PERM application to your company (this time frame can extend as much as a year if the DOL chooses 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, provided by U.S. Citizenship and Immigration Services (USCIS).
- After USCIS authorizes the petition, you wait till a visa is available. It might be right away available, if the variety of people who used in your classification because very same year is less than the variety of visas available; or if a lot of individuals used, then you might need to wait until your Priority Date becomes present. (Get info on monitoring your Priority Date.).
- You file a permit application and pay the charges, either using USCIS Form I-485 to "change status," which eventually includes an interview at a regional migration office near your home, or employment by finishing 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 remain in the U.S., whether you are legally present or otherwise eligible to adjust status. (For employment detailed details on these treatments, see Getting a Green Card: 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 end up being an irreversible resident. Your permit will get here by mail several weeks later.
Note that in cases when there is no stockpile in your green card category (and everybody's concern date is current according to the Department of State's latest 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 need to await 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 certify for an immigrant visa category that does not need labor accreditation, then you will not require to follow all of the actions described above.
You or your company will just 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 green card application with USCIS (if you are legally present within the United States and qualified to change status) or wait for 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 wed or have kids listed below the age of 21 and you receive a green card through employment, your partner and kids can get permits as accompanying family members. They will require to provide proof of their family relationship to you, such as marriage or birth certificates.
