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Obtaining a "green card", lawful permanent residency in the U.S. This is the primary goal of many who enter this country because having lawful permanent residency status enables to live, travel and work in the U.S indefinitely. Permanent Residency could be obtained in two ways. One is through employment and the other is through immediate family relatives.
The process for obtaining permanent residency based on employment is comprised of three phases: the labor certification, the visa petition, and the application for Adjustment of Status.
A "labor certification" is a certification by the United States Department of Labor that a shortage of qualified, willing and able U.S. workers exists to fill a job offer. One of the most important factors in the ultimate success of a labor certification is a correct determination of the minimum requirements needed to perform the job opportunity. Once an employer identifies the need to fill a job vacancy with a foreign notational the employer first must test the labor market to see whether there are any United States Citizens or Permanent Residents who are able, willing, qualified, and available to perform the duties of the job offer and whether the employment of the alien will have an adverse effect on the wages and working conditions of United States workers similarly employed. Therefore, the first step, in an employment based green card process is to have the Department of Labor certify that a shortage of qualified, willing and able U.S. workers exists to fill the job offer.
Under current regulations this labor certification application is called PERM (Program Review Electronic Management) application. This is the first step in the employment based Green Card process. This application is filed electronically. Prior to filing a PERM application the employer must complete certain procedures. These are obtaining the prevailing wage determination (PWD) from the State Workforce Agency (SWA), advertising the job offer, and completing recruitment.
Labor certification is really an application by the employer and applying for a labor certification does not bind the employer legally. The employer remains free to dismiss the employee or take other personnel action with regard to him, as it would with regard to any other employee. Also, the labor certification application may be withdrawn by the company at any time. On the other hand, the application does not bind the employee to the employer either.
Upon receiving an approved labor certification, the visa petition must be submitted to the U.S. Citizenship and Immigration Service (USCIS). The purpose of the visa petition is to prove to the Immigration Service that: (1) The employee's job has been certified by the Department of Labor, (2) she/he meets all of the requirements listed on the labor certification, and, (3) company has sufficient resources to pay the proffered wage.
During the visa petition phase, it is necessary for the employer to submit documentation demonstrating its ability to pay the proffered wage. This will usually be federal tax returns, or for larger companies with over 100 employees, a letter from CFO or audited annual reports. In addition, it is at this step that documentation regarding proof of employee's education and experience is submitted to the USCIS.
The last phase in the process is applying for permanent residency. If the foreign alien is in the U.S. and is applying for the permanent residency it is called applying for "adjustment of status." If applied from outside the United States, it is called applying for an "immigrant visa." Most people who are applying for adjustment of status in the United States are not being required to attend an interview. Persons who process outside the United States are always required to attend an interview. At the end of this phase, the foreign national will be granted permanent resident status and be issued a "green card."
The process for obtaining permanent residency through family member:
One can obtain a green card through an immediate relative. An immediate relative is a U.S. citizen spouse,
U.S. citizen parent(s) or U.S. citizen children over 21. Obtaining permanent residency based on family
is comprised of two phases: Filing the immediate relative petition, and the application for Adjustment of
Status.
For more information please visit www.USCIS.gov
