The Process for Obtaining a Green Card through Employment Sponsorship
Generally, there are three steps involved in obtaining a green card through employment sponsorship:
- Labor Certification
- Immigrant Petition
- Adjustment of Status
Labor Certification
The first step involves the employer seeking a labor certification from the Department of Labor (DOL). To obtain the certification, the employer must show that there are no qualified U.S. workers available to fill the position being offered. This requires conducting a recruitment process and advertising the job, among other requirements.
Immigrant Petition
Once the labor certification is approved, the employer can file an immigrant petition (Form I-140) with U.S. Citizenship and Immigration Services (USCIS) on behalf of the employee. The petition must demonstrate that the employee is qualified for the position and that the employer can afford to pay the offered wage.
Adjustment of Status
Assuming the immigrant petition is approved, the employee can then file an application to adjust status (Form I-485) and become a permanent resident. Alternatively, employees can apply for an immigrant visa at a U.S. consulate abroad if they are outside the United States.
It is important to note that there may be limitations and exceptions to this process. Some categories of employment-based green cards have annual caps, and some may require the employee to have specialized skills or education. It's recommended to consult with an experienced immigration attorney to navigate the process and address complications.
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