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Employment-Based Green Cards: Application Process

The process of applying for permission to work in the United States can be quite complicated. Many people are looking for the opportunity to come to this country to reside and work. A person may have the right to move to the United States for a period of time. However, even if someone has the right to reside in the country, they may not have the legal right to work in this country. The right to work can be an entirely separate issue. For those who are looking for help with this process, assistance from legal immigration help Los Angeles is a crucial part of the process. An employment immigration attorney Los Angeles can provide assistance with all aspects of the application from start to finish.

The Green Card

Starting any American employment journey begins with a job offer. There are many ways to find a job in the United States. Foreign nationals who are seeking employment in the U.S. must follow certain rules and regulations. These regulations are heavily detailed. This is one way to get what is known as a Green Card. A Green Card is the term for a document called a Permanent Resident Card. This card means that holders have the right to live and work in the United States on a permanent basis. They have the right to seek employment. A Green Card can be granted if you qualify for certain kinds of jobs. Legal immigration help Los Angeles can explain this process in greater detail and help you decide if this is a course of action you should consider taking. In this case, it’s up to the employer. If the employer is going to offer you a job, you can use this to claim the right to remain in the United States.

The Job Offer

The first thing your employer will do is what is known as a prevailing wage determination. This is done via the United States Department of Labor’s website. Keep in mind this is a formal process that has been codified into law. The ruling determines how much any given person is likely to be paid when holding that job. It’s a good idea to remember this ruling is only in force for a single year. This is why you’ll want to work closely with any employer in order to ensure that your job offer is on the table as soon as possible and meets the criteria set forth by the American labor department.

Any employer who is looking for workers must make it clear they have not been able to find qualified applicants from the United States. They must be able to demonstrate this to any outside agency before they offer you that job. They also need to indicate that no American workers can take the job in the time frame they have in mind. In many cases, it’s a good idea to do some legwork of your own. Working closely with an employment immigration attorney Los Angeles can ensure that such a job offer meets the necessary criteria and the employer is offering you a legitimate job.

After you’ve accepted this job, the employer must file what is known as a PERM labor certification application. This can be done electronically. They will have to use what is known as the USDOL Form 9089. At this point, you can expect to wait as long as several months. Assistance from work visas attorneys Los Angeles can help ensure all paperwork is being done properly. The Department of Labor must adjudicate your PERM labor certification application. Once this is done, they will need to mail back what is known as the certified PERM application to your employer.

It’s best to remember this process can take a lot of time. Your potential employer may be audited by the Labor Department for possible legal violations of American labor laws. Again, this is one area where an employment visa lawyer Los Angeles can act as your personal representative while this process continues. Your potential employer must agree to file a petition. This is done via Form I-140. It must be completed with 180 days of your PERM labor certification approval.

Waiting For The Response

Once this process is completed, you might face several possible courses of actions. Sometimes, you’ll be approved to work immediately. That’s what is likely to happen if you fit the category of available yearly visas. If you don’t fit this criteria or if there are too many applicants in a given year, you might have to wait for some time. Your ability to gain employment and entry is what is known as your priority date. Priority dates vary depending on many factors. This includes your country of origin as well as your chosen field. Some people from certain backgrounds and countries may have a longer wait. If you are unsure what specific laws apply to you at this point, it’s best to check with an employment visa lawyer Los Angeles. They can help you check on the status of your application and make sure all the paperwork that you and your potential employer have submitted has been submitted to the right place at the right time.

Once you’ve done that, there are a few extra steps you’ll need to complete. You should file a formal Green Card application. You’ll be expected to complete a formal interview with an American official. This can be done in the United States if you are currently here. It can also be done via a consular office if you are living in another country right now. You might have the option of doing what is known as an adjustment in status. This formal procedure gives you the right to live in the United States legally. You’ll need to fill out what is known as an I-485 form. This is a deeply complicated and prolonged process. Expert legal help from work visas attorneys Los Angeles is a must for all applicants.