Employment Based Green Card Application Process

September 26, 2021 Post a Comment

The usual green card process involves three steps. First your employer is required to get an approved Labor Certification from the United States Department of Labor DOL.

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Criteria for Demonstrating Extraordinary Ability.

Employment based green card application process. One such way is through adjustment of status through the use of an I-485 form. Each year there are tens of thousands of employment-based green card applications submitted for processing. The employer-sponsored green card process normally begins with the employer obtaining an Application for Permanent Labor Certification and getting it approved by the Department of Labor DOL.

Employment Based Green Card Application Process In almost all cases there are three steps to overcome in obtaining an employment based green card. With limited exceptions all EB-2 and EB-3 green card applications require that the employer obtain a Labor Certification from the US. Getting an employer sponsored green card is a 3-step process.

Each occupational category has certain requirements that must be met. Typically a very large percentage of Family-based Green Cards are issued by US. Green Card through Employment An employer can sponsor its employees Green card.

This process involves various organizations which include the Department of Labor DOL and the United States of Citizenship and Immigration Services USCIS. There are many advantages to using your employment to gain lawful permanent resident status in the US and there are many ways to go about getting this status. This can take anywhere from six months to several years to complete.

The first is the PERM Labor Certification. Consulates abroad through the Immigrant Visa application process and a very large percentage of Employment-based Green Cards are issued by the USCIS in the United States through the Adjustment of Status application process. Getting an employment-based green card can be a long but rewarding process.

You or your employer will simply file the USCIS Form I-140 immigrant petition directly with the USCIS Service Center and once its approved either file a Form I-485 green card application with USCIS if you are lawfully present within the United States or await instructions from the National Visa Center NVC to prepare you for a visa interview at a US. You may be eligible for an employment-based first-preference visa if you are an alien of extraordinary ability are an outstanding professor or researcher or are a certain multinational executive or manager. It is a multi step process involving certain document work confined by few rules and regulations.

Successful completion of the permanent labor certification on behalf of the foreign worker referred to as the PERM process. For petitions requiring this step the Labor Certification process is often the hardest and most arduous step. For more information on derivatives and eligibility for adjustment of status please see USCIS Policy Manual Volume 7 Part A Chapter 6 Section C Subsection C - Derivatives.

Once the DOL has approved the labor certification it is the responsibility of the employer to then file Form I-140 on behalf of the foreign employee. If you are the spouse or unmarried child under 21 years of age of an employment-based principal applicant you may apply for a Green Card as a derivative applicant. The first step in obtaining an employment-based green card is to obtain a certified PERM application from the US Department of Labor.

Second your employer must file an immigrant petition on your behalf Form I-140. There are few categories for granting permanent residence to the foreign nationals based on employment skills. During this process the employer must fulfill certain criteria to ensure that the foreign worker is not displacing US citizen workers.

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