After you have actually received a suitable task deal from a U.S. company (if you require a task deal under your potential category of lawful long-term house), getting a U.S. green card is a multistage process. Here, we'll offer a summary.
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 Upon Employment
In short, using for a work based green card includes these actions:
- Your prospective employer demands what's called a prevailing wage determination (PWD) from the U.S. Department of Labor, utilizing the online FLAG system. The PWD is the Department of Labor's official ruling as to how much cash is typically paid to people in tasks like the one you have actually been used. The PWD will usually expire within a year or less, so it will be essential to recruit for and employment file the PERM labor accreditation not long after the PWD is issued.
- Your company promotes and recruits for the job you have actually been provided and ultimately identifies (in great faith) that there are no certified U.S. employees available and happy to take the task.
- Your company submits a PERM labor employment certification application online, utilizing the electronic USDOL Form 9089.
- You wait the a number of months that the DOL will require to adjudicate the PERM labor certification application, employment and mail the licensed PERM application to your employer (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 might be right away available, if the variety of people who used in your classification because same year is less than the number of visas offered; or if a lot of people used, then you might have to wait till your Priority Date ends up being present. (Get information on monitoring your Priority Date.).
- You submit a permit application and pay the costs, either using USCIS Form I-485 to "adjust status," which ultimately includes an interview at a regional migration workplace near your home, or employment by finishing a number of actions 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 upon where you are living now, and if you are in the U.S., whether you are lawfully present or otherwise eligible to change status. (For 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 enter the U.S. with your immigrant visa, at which time you become a long-term homeowner. Your permit will show up by mail numerous weeks later.
Note that in cases when there is no stockpile in your green card category (and everyone's top priority date is existing according to the Department of State's latest Visa Bulletin), you can submit your I-485 application together with 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: Making An Application For a U.S. Lawful Permanent Residence Without Labor Certification
If you get approved for an immigrant visa category that does not need labor employment accreditation, then you will not need to follow all of the steps laid out above.
You or your company will just submit the USCIS Form I-140 immigrant petition straight with the USCIS Service Center and, once it's approved, either file a Type I-485 green card application with USCIS (if you are lawfully present within the United States and eligible 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 employment have children listed below the age of 21 and you certify for employment a green card through employment, your spouse and children can get permits as accompanying relatives. They will require to offer evidence of their family relationship to you, such as marriage or birth certificates.
