The Process of getting an Employer Sponsored Green Card

Employment based sponsorship green card or employer sponsored green card are permanent residence status sponsored by U.S. employers for foreign workers.

Getting an employer sponsored green card is mainly 3 step process.
1) Employer is required to get an approved Labor Certification from the United States Department of Labor (DOL).
2) Employer must file an immigrant petition on your behalf (Form I-140).
3) Adjust status (Form I-485) or apply for immigrant visa (Form DS-260).

Labor Certification from the United States Department of Labor (DOL)

  • The first step in the process of getting a green card through employer sponsorship is employer to get an approved labor certification from the United States Department of Labor (DOL). This process is also called as PERM.
  • The immigration laws seek to protect the interests, wages, and working conditions of the US workforce. Therefore, before you immigrate to the US, the Department of Labor (DOL) must certify that there is a shortage of qualified workers.
  • This process requires that employer to test the US labor market to see if there are any qualified US workers to fill the position that they are offering to you.
  • Employer must make good-faith efforts to hire a qualified US worker by advertising the job opportunity that is available and by considering the qualifications of all US applicants.
  • Employer must also get a prevailing wage determination from the National Prevailing Wage Center by filing a Form ETA 9141.
  • Employer must file an Application for Permanent Labor Certification with the Department of Labor (ETA Form 9089).

Employer must file an immigrant petition on your behalf (Form I-140)

  • Once employer has an approved labor certification application, then the next step in the process, which is to file the immigrant visa petition with the United States Citizenship and Immigration Services (USCIS).
  • The immigrant petition (Form I-140) is filed by the employer. The form is sent to USCIS along with all supporting documentation.

Adjust status (Form I-485) or apply for immigrant visa (Form DS-260)

  • Once the immigrant visa petition is approved by USCIS, the next step is to either adjust status or to apply for your immigrant visa.
  • Adjustment of Status: An adjustment of status is the process of converting the current status to permanent resident status. In order to do an adjustment of status, need to file a Form I-485 with USCIS. The entire process is handled within the United Statesand person physically need to present within the United States. In many cases, the adjustment of status application can be filed at the same time as immigrant visa petition. By concurrently filing both forms, overall processing time can be reduced significantly.
  • Immigrant Visa Processing: Immigrant visa processing, also called “consular processing,” is the process of obtaining an immigrant visa at a US consulate or embassy abroad. To get the immigrant visa, need to file a Form DS-260 electronically. Candidate also be required to attend an immigrant visa interview at the US consulate or embassy of the home country. Upon successful completion of the interview, an immigrant visa should be issued within a week. Immigrant visa processing is typically done if the person not physically present in the United States and are therefore ineligible to adjust status.

For more information, please visit U.S. Department of State and USCIS websites.

The information is provided for general informational and educational purposes only and is not a substitute for professional advice. Before making any decision, consult with the appropriate professionals. Please refer our Disclaimer for details.

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