1. The Three Steps of the Employment-based Green Card Application

The immigrant Green Card application typically involves three main steps. First, the employer files a Labor Certification application with the U.S. Department of Labor (DOL). The purpose of this application is to test the employer's local labor market for available U.S. workers. If no qualified and available U.S. workers are located, the job position is certified as open for a foreign worker.

Second, the employer files an form I-140 Alien Worker Petition with the U.S. Citizenship and Immigration Services (USCIS). The purpose of this petition is to verify that the foreign worker has the minimum requirements to fill the open position, and serves to classify the foreign person as eligible for a particular visa category.

Third, on the basis of the Labor Certification and Form I-140  Alien Worker Petition, the foreign worker files a form I-485 application for an immigrant visa at an USCIS Service Center or at a U.S. Consulate. If the foreign worker is legally present in the U.S., he or she can apply for permanent resident status (Green Card) via a process called Adjustment of Status of form I-485 application.

2. The Form I-140 Immigrant Petition for Alien Worker

Once the labor certification application is certified, it provides the basis to move to the second stage of the Green Card process and file an form I-140 immigrant petition with the USCIS. The USCIS adjudicates the form I-140 petition, and the processing time varies depending on the Service Center jurisdiction. 

The time it takes to file the I-140 petition depends upon the availability of documents and the speed of action by the employer and employee. An I-140 petition has to be supported by the employer's financial data, and the proof that the employee has the required education and work experience. 

The entire form I-140 petition packet including the labor certification should be submitted to an USCIS Service Center. Usually within 10 - 14 days after USCIS receives the files, a "Receipt Notice" is sent out to indicate that they have received the I-140 petition packet and a file number is assigned to the case. If USCIS accepts the petition as received, they will issue an Approval Notice. The time frame for the issuance of this Approval Notice depends on the backlog at the USCIS Service Center.

When people file I-140 petition with the approved PERM application, unless the Department of Labor's PERM approval letter is also filed with the certified form ETA 9089, proper priority date may not be recognized. It is thus prudent and a good practice to file the I-140 petition with the certified form ETA 9089, enclosing the DOL cover letter that comes with the certified form ETA 9089 to assure a proper assignment of the priority date. 

3. The Form I-485 Application for Adjustment of Status to U.S. Permanent Residence

The I-140 petition provides the basis for an employee's I-485 application for adjustment of status to U.S. permanent residence. The employee, along with his/her dependents, can file the form I-485 application with the form I-140, or after the form I-140 is filed, as long as the "priority date" is current.

When your priority date is current, it means that there is a visa available for you, and you should proceed immediately to apply for it. This is done by either filing form I-485 Adjustment of Status for those residing in the U.S., or by Consular Processing in your home country. Most people, if residing in the U.S., choose to file Form I-485 Adjustment of Status, because of the convenience of not making an expensive and time-consuming trip back home country.

Along with the I-485 application, the alien employee can also file requests for travel permission (Advance Parole) and Employment Authorization Document (EAD) for the employee and dependents. Once the Advance Parole application is approved, the employee and dependents will be able to travel outside the United States, even if they do not have valid nonimmigrant status. Once the EAD is approved, the employee and the employee's dependents will be authorized to work in the United States.

 

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