What is the Employer Sponsored Green Card Process?
Immigration lawyer summary: The employment-based green card process normally has three phases: (1) the PERM labor certification, (2) the I-140 petition, and (3) the I-485 adjustment of status application.
What is the PERM labor certification?
Answer from employment-based immigration attorney: To qualify for an employment-based green card, the employer must first obtain a certification from the US Department of Labor (DOL), called PERM, showing that there are no able, willing, available, and qualified US workers for the position offered to the foreign applicant.
The PERM labor certification process has two steps: (1) a prevailing wage determination, and (2) a labor market test.
The US employer sponsor must offer the foreign national at minimum the prevailing wage for the position in the geographic area of employment. To determine the prevailing wage, the US employer generally obtains a prevailing wage from the DOL based on the specific job duties and the geographic area of the position offered.
The US employer sponsor must also test the labor market to ensure that there are no able, willing, available, and qualified US workers for the position offered to the foreign applicant. This is done by placing several advertisements in newspapers, job search sites, online media, etc.
Once the recruitment is completed, and no qualified US workers were found for the position, the PERM application is filed with the DOL. The DOL normally takes several months to process a case. In some cases, the DOL issues an audit requiring a response from the employer in 30 days. Once the PERM is certified, the case proceeds to phase 2, the I-140 petition.
The PERM labor certification process normally takes between 8 months to 1 year. Specifically, it normally takes 2 months for the employer to define the job duties and requirements, and a minimum of 2 months for the required recruitment to be conducted. PERM labor certification applications take 4 months to be adjudicated, unless the application is audited which increases adjudication times.
Pandev Law’s employment-based immigration attorney has extensive experience representing employers throughout the entire PERM labor certification process. Our immigration lawyer guides you through the entire recruitment, PERM application, and if necessary the audit response process.
What is an I-140 petition?
Answer from employment-based immigration attorney: Once the PERM labor certification application is certified by the DOL, the US employer sponsor is required to file a Form I-140, Immigrant Petition for Alien Worker, with USCIS within 6 months of the PERM certification date.
In order to sponsor an employee for a green card, an employer must show that the foreign national applicant has the required skills, experience, and education for the position and that the employer has the ability to pay the salary offered to the foreign national applicant. The evidence submitted generally includes employer tax statements or balance sheets. Our experienced business immigration lawyer can help you determine the right documents to submit as evidence.
At the time of writing this article, USCIS is adjudicating I-140 petitions in 6 months. However, the I-140 petition can be upgraded to premium processing for an additional fee of $1,410. If upgraded to premium processing, the I-140 petition will be adjudicated in 15 calendar days.
What is the adjustment of status process?
Answer from business immigration attorney: If the foreign national is in the US, the final phase of the employer sponsored green card process is the Form I-485, Application to Adjust Status.
The adjustment of status application is the foreign national’s application filed with USCIS requesting a green card based on an approved I-140 petition. The foreign national’s spouse and children under the age of 21 may also file their own adjustment of status applications based on the principal’s approved I-140 petition.
At the time of writing this article, the USCIS fees for an adjustment of status application are $1,225, including the $85 biometrics fee.
What is consular processing?
Answer from business immigration attorney: If the foreign national is located outside the US, the final phase of the employer sponsored green card process is the Form DS-260, Immigrant Visa Application, filed with a US consulate or embassy.
The immigrant visa application is the foreign national’s application requesting a green card based on an approved I-140 petition. The application is submitted with the U.S. consulate or embassy in the applicant’s home country. The foreign national, and any of her family members seeking to accompany her to the US, will have to attend an in-person interview at the embassy or consulate.
Our Employment-Based Immigration Lawyer is Here to Help You
Do you need assistance preparing and filing a PERM labor certification or an I-140 petition? Our employment-based immigration attorney can devise a custom-tailored employment-based green card strategy and prepare your I-140 petition in compliance with all relevant employment-based immigration rules. As an experienced employment-based immigration law firm, Pandev Law has the knowledge and experience to guide you through your employment-based green card process.
During your consultation, our employment-based immigration lawyer will provide an honest assessment of your case, and a recommendation for your next steps.
Disclaimer: This blog article is provided by Pandev Law, LLC for general educational and informational purposes only. Although this article discusses general legal issues, it does not constitute legal advice nor does it establish an attorney-client relationship. No reader should act or refrain from acting on the basis of any information presented in this article, or elsewhere on this website, without seeking the advice of appropriate legal counsel, or other professional counsel, licensed in the relevant jurisdiction. Pandev Law, LLC expressly disclaims any and all liability with respect to any actions taken, or not taken, based on any content of this article or website. This blog article may constitute attorney advertising. Prior results do not guarantee a similar outcome.
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