Attaining U.S. Permanent Residency status, commonly referred to as green card status, is generally a three-step process. This entails filing an application for Labor Certification, a petition for Immigrant Visa (I-140), and either an application for Adjustment of Status (I-485) or Consular Processing.

STEP ONE – LABOR CERTIFICATION

The Labor Certification (LC) is confirmation from the U.S. Department of Labor (DOL) that there are no able, willing and qualified U.S. workers for the position being offered to the foreign national employee. Because the LC is job-specific, one should not change jobs without first consulting with HR and the attorney to determine if s/he will be negatively impacted.

To file a labor certification, the sponsoring employer must first complete an adequate amount of recruitment to test the job market and prove that there are no willing and qualified U.S. workers for the position being certified. Only recruitment activities that meet DOL guidelines and took place during the six-months prior to submission of the application are considered.

Processing time by DOL can vary greatly. Most cases take approximately one month to process, while some take as little as one week and some take four months.

STEP TWO - IMMIGRANT VISA PETITION (FORM I-140)

Once the LC is granted, an immigrant visa petition (I-140) must be filed with USCIS (US Citizenship and Immigration Services). The purpose of this petition is to classify you in the appropriate employment category in which you will eventually apply for residency status, to ensure that your employer continues to offer you the job within the company, to confirm your priority date, and to ensure that your employer can afford to pay the salary offered to you. 

Before filing the I-140, the beneficiary will need to decide whether s/he wants to apply for permanent residency status through the USCIS office by remaining in the U.S. and “adjusting” his/her status, or through the U.S. Consulate in his/her home country. To view the pros and cons of Adjustment of Status and Consular processing, please go to: http://www.immigrationlawgroup.net/faq/AOS_CP.php. 

Processing time vary but generally fluctuates between two to six months.

STEP THREE – Adjustment of Status (I-485) or Consular Processing

Finally, the light at the end of the tunnel comes with the actual application for permanent residency. You are eligible to apply for Adjustment of Status (AOS) or Consular Processing (CP) when your priority date is current. For more information on priority dates, go to: http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html.

Processing time of AOS has varied greatly from three months to more than two years. Generally, it will take five to ten months. CP generally takes three to four months.

INITIATING THE PROCESS

To initiate the Permanent Residency process, complete and submit the “LC Questionnaire,” which outlines your job and personal data, along with the requested documentation to our office. The questionnaire is at: http://www.immigrationlawgroup.net/questionnaires/PERM_LC_Questionnaire.htm.

When starting the Labor Certification process, it is important to fully describe the job duties to be performed and the requirements for the job including education and experience, and justify how the special requirements for the position, if any, are necessary for the job. When providing job-related information, please note the following:

1. The position described in the LC application does not necessarily need to reflect your current position. The LC position is the job you will fill when you immigrate (i.e., become a lawful permanent resident of the U.S.) which can be two years after this process is started. Therefore, you must think “long-term” in describing the job. It helps to describe the job generically and leave out specific projects that you are currently working on.

2. Minimum and special requirements for the position are education, experience, and/or specific skills that all applicants must possess to be qualified for the position being certified. Thus, you must have attained such degrees, experience, and/or skills prior to joining the sponsoring employer. Do not include in the LC application experience or skills that you gained with the sponsoring employer. Also, these skills must be justifiable in that it must assist you in performing the jobs duties outlined.

3. The job must be described without unduly restrictive requirements. The requirements cannot be tailored to your education and experience. The requirements must be realistic, and we must be prepared to explain how these skills are used on the job.

4. If the position requires work experience, USCIS will require evidence, in the form of employment verification letters, that you have the required experience.