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Posts Tagged ‘permanent resident’

You can become a permanent resident of the US through a job or offer of employment. In certain situations, a certification from the U.S. Department of Labor is required showing that there are not enough U.S. workers who can or able, willing, qualified and available in that particular geographic area where the immigrant who needs the green card is to be employed. Also it should show that no American workers are displaced by such new workers. In specific cases, highly skilled workers with extraordinary ability in certain professions, and investors or entrepreneurs are given permission to immigrate to the US through various immigrant categories. Whichever the category is, it is a multi stepped process involves.

Employer sponsorship :

You can become a permanent resident (green card holder) on a offer of permanent employment by a US employer. In most case, it needs an employer to get labor certification and the US employer has to file form I-140, Immigrant petition for Alien worker.

After getting approved of Labor Certification, all the domestic employees and unskilled workers have to wait for a significant period before they can apply for a Green Card because only a limited number of visas are available under this category each year. After this petition gets approved, the USCIS will send a notice of approval to the applicant and then send the approval notice to the National Visa Center. This petition will remain in the visa center till an immigration visa number becomes available.

After the applicant gets an immigrant visa number, he/she have to get permission to live and work permanently in the U.S through conditional permanent residence. When a visa number becomes available and if the applicant is in the U.S., he/she can apply to adjust your status to a lawful permanent resident by filing Form I-485, Application to Register Permanent Residence or Adjust Status with the USCIS.

What if the applicant is outside the US ? In such cases, when an immigrant visa number becomes available, he/she will complete the process and get a visa number at U.S. Consulate in his/her country. The American consulate or embassy will give all the information the applicant needs to complete the processing. Additionally, the applicant will be required to submit certain supporting documents and additional fees. Before the applicant gets the visa, he/she (regardless of age) must undergo a medical examination. This examination will be done by a doctor designated by the consular officer, if you are outside the U.S. If you are in the US and filing for adjustment of status, it will be designated by the USCIS. In addition to the visa fees, you should bear all the costs involved in the examination.

If there are more eligible applicants in a category than the prescribed number, the category will be considered oversubscribed. In such cases, visas will be issued in the chronological order in which the petitions were filed till the prescribed numerical limit is reached for the particular category. The applicant’s priority date is the filing date of a petition. Immigrant visas will not be issued until an applicant’s priority date is reached. In case of heavily oversubscribed categories, there will be a waiting period of several years before a priority date is reached.

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