You can get a green card if your employer sponsors you.Once you get your green card, the employer must be willing to sponsor you.Your employer needs to show that there is no US citizen who is qualified, willing or able to fill the position.The law requires your employer to show the ability to pay your salary.You will be well on your way to obtaining your green card if you have a little bit of knowledge.
Step 1: The general requirements for labor certification are understood.
The PERM process requires that labor certification be filed with the Department of Labor.The purpose of labor certification is to prove that the employer has tested the labor market to ensure that there is no qualified, willing, and able US worker who can fill the job opening.If there is a US citizen, the employer can't sponsor the employee.To test the labor market, the employer must recruit for the position by running various advertisements and monitoring whether there are any qualified applicants.The application can be filed once this is done for the time periods laid out by the DOL.The advertising and legal fees for this step must be paid by the employer.
Step 2: Your employer should draft the job requirements for the position.
The labor market will be tested by this part of the process.The degree of education should be specified in the requirements.How many years of experience is required.
Step 3: The job description has requirements.
To ensure that your case will be approved, you must be qualified for the job requirements put forward by the employer.
Step 4: The DOL has availing wage request.
The minimum wage is what the employer must pay the employee once he or she gets a green card.The prevailing wage is determined by the job requirements, duties, and location of the position.The Online Wage Library can be used to determine the prevailing wage.
Step 5: You can create an account for your employer.
To file labor certification online, the employer needs to create an account.To create an account, the employer needs to choose a password, fill in the company information, and designate a contact person.The employer must create a sub-account for the attorney with his or her information if he or she will be filing the application.While waiting for the prevailing wage determination, it is possible to create an account.DOL may have to verify that the employer name and information matches the federal Employer Identification Number, so allow extra time for this to be set up.
Step 6: You have to run the mandatory advertisements.
There are three mandatory forms of recruitment that an employer must run for each case.The job description, requirements, and information should be in it.It must be posted for at least ten days when the employer is open.The employer must post an advertisement in two Sunday editions of a newspaper of general circulation in the geographic area of employment.The basic requirements and how to apply must be included in the advertisements.It doesn't need to include a full description of the job.The salary must be greater than the prevailing wage if it is included.The job description, job requirements, and information about how to apply for the job should be in the Advertisement with the state workforce agency.It may need to include other information that is required by the state workforce agency.It needs to be posted for 30 days.
Step 7: If necessary, run additional advertisements.
If the job is a professional job, or requires at least a Bachelor's degree, the employer must run three additional advertisements.There are ten additional advertisement methods that can be found in the regulations.
Step 8: To observe the quiet period, complete all recruitment in 180 days.
Recruitment must be completed in 180 days according to the regulations.The labor certification application can't be filed less than 30 days after the last advertisement.You have to file the labor certification application within 180 days from the first advertisement and 30 days after the last one.
Step 9: No US workers applied for the job.
The immigration attorney is not required to consider whether the applicants meet the requirements as advertised in the recruitment methods above.No action is needed if an application is not shown to be qualified by experience and education shown on the resume.If an application appears qualified, the employer must try to get in touch with the person to see if there is a reason why they aren't qualified.The reasons for disqualification must be documented.The application can be submitted through the employer's account with the DOL.
Step 10: The DOL sent a survey to employers.
The DOL will email the employer a four question survey to verify that they still intend to sponsor the employee for a labor certification.DOL will not accept the labor certification application if it does not receive a response within a week.
Step 11: Understand the general requirements.
The Form I-140 must be filed with the US Citizenship and Immigration Service after the labor certification is approved.This application will prove to immigration that the labor certification has been approved by the DOL, the employee has a definite offer of employment at the sponsoring employer, and the employer has the financial ability to pay the proffered salary.
Step 12: You can sign the certification.
The I-140 application packet must include the original ETA 9089 that is certified by the DOL.
Step 13: Determine the employer's financial ability to pay a salary.
Employers with over 100 employees may choose to submit a financial statement to prove the ability to pay, but should provide one of the three documents listed above.If the net income of the employer is greater than the proffered wage, then the ability to pay can be satisfied.
Step 14: An offer of employment letter needs to be issued by the employer.
The letter must be signed by a person who is qualified to make hiring decisions for the company.The letter should state that the employer intends to hire the foreign national once he or she receives a green card and should include the job position, salary, and job duties drafted earlier.
Step 15: Form I-140 can be filed with the US Citizenship and Immigration Services.
You can file Form I-140 online.Attach a check for the filing fee and any supporting documents.
Step 16: You can determine if there is a green card by checking the visa bulletin.
The priority date, occupation, and foreign national's country of nationality are the factors that determine whether a green card is available.If the priority date is current for the foreign national's preference category and country of nationality, they can apply for a green card.The foreign national will be placed in the preference category if the job requires a degree and five years of experience.The foreign national will be placed in the preference category for jobs with lesser requirements.Each month, the DOS visa bulletin is updated.
Step 17: If the foreign national is in the United States in a valid immigration status, you can file for an adjustment of status.
Apply for a work authorization and advance parole document if you want to continue eligibility.Form I- 485 is pending and can be filed by a foreign national.You can get a medical exam by a civil surgeon.There is a list of civil surgeons.A copy of your passport, visa, I-94 card, and any USCIS approval notices are required.A copy of your birth certificate is also included.You can apply for a green card for your spouse and children under the age of 21.You need to file a form for your spouse and children under the age of 21.A copy of your marriage certificate is required.
Step 18: If the foreign national is not in the United States, you can get an immigrant visa by attending an appointment at a US Embassy or Consulate abroad.
Your green card will be mailed a few weeks later after you enter the US with that visa.Original documents can be sent to the National Visa Center.The applicants will receive a list of required documents.You can file Form DS-260 online.The form and instructions can be found here.