3srecruitment

About Us

Employment-Based Green Cards – Application Process

After you have actually gotten an appropriate job deal from a U.S. employer (if you need a task offer under your prospective classification of lawful irreversible house), getting a U.S. green card is a multistage procedure. Here, we’ll supply an introduction.

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

Exceptional Case: Applying 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, employment applying for an employment based permit 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 formal ruling as to how much money is usually paid to individuals in jobs like the one you’ve been offered. The PWD will normally end within a year or less, so it will be very important to recruit for and submit the PERM labor certification right after the PWD is issued.
– Your employer promotes and recruits for the job you’ve been provided and ultimately determines (in excellent faith) that there are no qualified U.S. employees available and happy to take the task.
– Your a PERM labor accreditation 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, 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 authorizes the petition, you wait up until a visa is offered. It may be instantly readily available, if the variety of people who used in your classification in that same year is less than the number of visas readily available; or if a lot of people applied, then you may have to wait till your Priority Date ends up being present. (Get details on monitoring your Priority Date.).
– You file 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 migration office near your home, or by finishing a number of actions to eventually have an interview at a U.S. consulate beyond the U.S. (through what is called “consular processing”). Which treatment you utilize depends on where you are living now, and if you are in the U.S., whether you are lawfully present or otherwise eligible to adjust status. (For detailed information on these treatments, 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 permanent citizen. Your permit will arrive by mail several weeks later on.

Note that in cases when there is no stockpile in your green card category (and everyone’s priority date is current according to the Department of State’s latest Visa Bulletin), you can send your I-485 application along with your company’s I-140 petition. If you’re following the consular processing option, you’ll need to wait on 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 qualify for an immigrant visa category that does not need labor accreditation, then you will not need to follow all of the actions detailed 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 authorized, either submit a Kind I-485 permit application with USCIS (if you are legally 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 have children listed below the age of 21 and you qualify for a green card through employment, your spouse and kids can get green cards as accompanying family members. They will require to provide evidence of their family relationship to you, employment such as marriage or employment birth certificates.