How to Apply for the Green Card Through Your Employer

2024 Author: Samantha Chapman | [email protected]. Last modified: 2023-12-17 09:13

In the United States, an employer can guarantee a foreign citizen - which could be you - to obtain the green card. He must be willing to guarantee and hire you once you have obtained the green card and, to do this, he must prove that no American citizen is 1) qualified, 2) available and 3) able to fill the job. After that, he must prove that he has the financial capacity to pay your salary (as required by law). While the process is rarely that simple and often depends on the individual situation, by having a clearer idea you will be well on your way to getting the green card.

Steps

Part 1 of 3: Obtain Labor Certification from the employer

To start the green card application process, you need to know that the Department of Labor guarantees US citizens maximum access to the labor market before those who are immigrants and are looking for a work visa. Once the employer has proven to the Department of Labor that there are no US citizens who are qualified, willing and able to fill a particular job, the next part of the process can be started.

Step 1. Understand the general requirements for labor certification

Labor certification must be filed with the Department of Labor (DOL) by an employer and must comply with regulations as part of the Program Electronic Review Management (PERM) process. The purpose of the job certification is to demonstrate that the employer has tested the job market to ensure that no US candidate is qualified, willing and able to fill a certain job position. If there is a US citizen with such qualifications, the employer cannot promote any immigrants for that particular job.

• To test the job market, the employer must run various advertisements and advertisements and check if there are qualified candidates for the position for which they intend to hire. Once the employer has complied with this procedure within the time periods set by the DOL, the employer can submit the application.
• All advertising and legal fees related to this step will be paid by the employer, not by the employee.

Step 2. Have your employer prepare a job description and job requirements for the position

This is one of the most important parts of the process because this data will be used to test the job market. The requirements should specify the degree of education needed - Bachelor (first degree), Master (master's degree), none, etc. - and how many years of experience are required.

Step 3. Make sure you meet the requirements listed in the job description

To properly test the job market and ensure that the application will be approved, the applicant must be qualified for the job requirements presented by the employer.

Step 4. Submit a Prevailing Wage request to the DOL

The prevailing wage is the minimum wage that the employer must pay to the worker, once the latter receives the green card. The prevailing wage is determined by the specific needs of the job, the duties required by the position and location of the job. To determine prevailing wage, the employer can submit Form 9141 online or visit the Online Wage Library.

Step 5. Create an employer account with the DOL

To submit labor certification online, the employer must open an account on plc.doleta.gov. The account procedure will require him to choose a username and password, enter company information and name a person for any contacts. If the lawyer handling your immigration process will submit the application, the employer must create a sub-account for the lawyer with his data.

The account can be opened during the waiting period for determining the prevailing wage and before any advertisements are published. Consider that it takes some time for the DOL to verify that the name of the employer and the information correspond to the Employer Identification Number

Step 6. Publish the required listings

There are three mandatory forms of employment that an employer must publish for each case:

• Internal Posting Notice - The employer must post a job opening notice in a prominent space in the workplace. It must contain the job description, requirements and information on how to apply and be posted for at least ten business days since the employer has opened the position.
• Two Sunday newspaper advertisements - The employer must place an advertisement in two Sunday editions of a national newspaper in the geographic area where the job is open. The advertisements must generally inform candidates about the job opportunity, the basic requirements and how to submit the application. A full job description is not required, nor is the salary required. If it does not provide information on the salary, the latter must satisfy or be greater than the prevailing wage.
• State employment agency listing - Should contain job description, requirements and information on how to apply. You may need to include other information required by a particular state's employment agency. It must be published for 30 calendar days.

Step 7. Post additional announcements (if needed)

If it is a professional job - as defined by Appendix A of the DOL, found on this site - or requires at least a bachelor's degree, the employer must publish three additional ads chosen out of a maximum of ten modalities. A list of the ten supplementary publication methods are indicated in Regulation 20 CFR 656, 17 (e) (1) (i) (4) (ii) available on the website.

Step 8. Finish the hiring process in 180 days and observe the 30-day silence period

The legislation provides that the recruitment must be completed in 180 days. Also, the labor certification application cannot be submitted earlier than 30 days after the last job posting. This means that you must submit it within 180 days of the first announcement and 30 days of the last one.

Step 9. Verify that there are no US candidates qualified, willing and able to fill the open job position

For all CVs received, the employer (and not the lawyer who takes care of your immigration procedure) must consider whether the candidate meets the requirements as published according to the hiring methods described above. If a candidate fails to show qualified based on the experience and level of education stated on the resume, no action is required. Conversely, if he seems eligible, the employer should attempt to contact him to determine if there is an objective reason why he is not qualified for the position. All reasons for such exclusion must be documented. At the end, complete the ETA 9089 form and submit the application through the employer's account registered on the DOL.

Step 10. Have your employer respond to the survey sent by the DOL

Immediately after the ETA 9089 is submitted, the DOL will send the employer a four-question survey to see if it still intends to promote the employee with a labor certification. If the DOL does not receive the answer within one week, it will not accept the application for certification of the work.

Part 2 of 3: Submit the Form I-140

Form I-140 is called "Immigrant Petition for Alien Worker". It is the form that the employer must complete in order for a foreign worker to become a permanent resident of the United States. It costs about $ 600. It costs about $ 600.

Step 1. Understand the general requirements for the Form I-140

After the labor certification is approved, the employer must submit Form I-140 with the US Citizenship and Immigration Service (USCIS). This application will prove to the immigration offices that the labor certification has been approved by the DOL, that the employee has a definitive job offer with his employer and that the latter has the financial capacity to pay the proposed salary.

Step 2. Sign the ETA 9089 Form

The employer must sign the original ETA Form 9089 which is certified by the DOL and include it in the application for Form I-140.

Step 3. Demonstrate the employer's financial capacity to pay the proposed salary

The employer can determine his ability to pay the proposed salary in one of the following ways:

• Annual report
• Federal tax return
• Financial statements subject to review

• Note: Employers with more than 100 employees may choose to submit a financial statement to demonstrate ability to pay, but should provide one of the three documents listed above if possible. The criteria for the ability to pay salary can be met by meeting one of the following:

  • Net profit - if the net income is higher than the proposed salary.
  • Net working capital - if the employer's net working capital is higher than the proposed salary.
  • Employment of the foreign citizen - if the employer is already paying the proposed salary to the foreign citizen.

  

  Step 4. Have the employer write an offer letter

  The letter must be printed on the employer's letterhead and signed by someone in charge of making business hiring decisions. The letter should state that the employer intends to hire the foreign citizen, once he has received the green card, and must mention the job position, salary and functions required by the job as previously drafted.

  

  Step 5. Submit Form I-140 to USCIS

  You can submit it online. Attach a check for the presentation tax of $ 580, as well as all supporting documents.

  Part 3 of 3: Getting a status change

  Once the Form I-140 has been approved, the foreign citizen can apply for the green card through a change of status (if located in the United States) or through a U. S. Embassy or Consulate abroad (if not located in the United States). The foreign citizen can only apply for a green card if it is available at the moment. You can determine this by checking the Department of State (DOS) visa bulletin.

  

  Step 1. Find out if a green card is available by checking the DOS visa bulletin

  If it is available, it is possible to establish it from 1) the date on which the labor certification was submitted (known as the “Priority Date”); 2) "Preference Category" of the recruitment; and 3) nationality of the foreign citizen. If the priority date is valid, the preference category of the foreign citizen and his nationality (marked with a "c"), if it is after the date indicated on the visa bulletin, the foreign citizen can apply for the green card.

  • A job that requires a master's or bachelor's degree plus five years of experience will place the foreign citizen in the EB-2 preference category.
  • All other jobs with lower requirements will be able to place the foreign citizen in the EB-3 preference category.
  • The DOS visa bulletin is here and is updated every month.

  

  Step 2. If the foreign citizen is present in the United States with a valid immigration status, he must submit an "Adjustment of Status" to the USCIS using Form I-485

  In addition, he / she must send these documents or transmit these requirements to continue the eligibility process:

  • Present a work permit and an advance parole document (permit for foreigners who do not have a valid immigrant visa to re-enter the United States after a trip abroad). If the Form I-485 is pending, the foreign citizen has the right to submit the Form I-765 and the Form I-131 respectively.
  • Get a medical exam at a USCIS approved civil surgeon. You can find a list of civilian surgeons here.
  • Include a check for government filing tax of $ 1,070.
  • Attach a copy of your passport, visa, I-94 card, and any notices of approval from the USCIS. Also include a copy of your birth certificate.
  • It is possible to apply for the green card for the spouse and children under 21. To do this, submit a form for your spouse and one for children under 21 with their supporting documents. Attach a copy of the marriage certificate.

  

  Step 3. If the foreign citizen is not present in the United States, he must go to a US Embassy or Consulate abroad, by appointment, and obtain an immigration visa

  With this visa he will be allowed to enter the United States and a green card will be sent to him a couple of weeks later.

  • Submit original documents to the National Visa Center. A list of required documents will be sent to the applicant with instructions.
  • Submit the Form DS-260 online. This form and its instructions can be found here.

  Advice

  • Information on the PERM regulation can be found on the DOL website. There is an extensive FAQ section on the website
  • Keep a record of all stages of hiring and CVs received in a "control file." The DOL can check any application submitted through the PERM process up to 5 years after it has been approved and can reject it if the employer is unable to properly document all hiring steps. Not recording everything properly will make it very difficult to respond to a check.
  • Understand the requirements for all three steps before starting this process. If the employer cannot meet the financial capacity requirements, an approved labor certification will not help the foreign citizen obtain the green card.
  • If your priority date is valid, you can submit Form I-140 and Form I-485 at the same time.

  Warnings

  • This is a very complex process and there are several problems related to the procedure that need to be resolved. Mistakes can lead to significant delays and can require the employer to start all over again. This article cannot address every problem that may affect a request submitted through the PERM process. It is advisable to consider the idea of hiring a lawyer specializing in immigration law who has some experience, so that all the requirements are met.
  • Whether the application for labor certification or Form I-140 is pending or approved, will not give the applicant any immigrant status. If you are in the United States, you must maintain valid status until you submit Form I-485.