Foreigner or alien may obtain a Permanent resident or Green Card through a Job if United States America’s (US) employer files for Permanent resident to the alien.
How does the Permanent Resident process work?
- Prevailing wages
First US employer needs to obtain prevailing wages from Department of Labor. This will help to find out if US employer is able to and willing to pay that prevailing wage once Foreign worker is granted, Permanent resident. Law requires that when US employers hire Foreign worker US employer must pay the prevailing wage which is determined by Department of Labor. It is a unique law and very restrictive law to US employer because if US employer hire’s US Citizen, Permanent resident they can pay less than prevailing wages up to minimum wage but for alien they cannot pay less than prevailing wage which is set forth by the Department of Labor.
When requesting prevailing wage, there is a various legal matter which needs to consider, before employer request for Prevailing wages. The employer needs experience lawyer who can file properly.
- Advertising to find US employee
Second US employer needs to do advertising two Sunday newspapers which are mostly circulated in the area of employment location. The employer also needs to post the job in his/her employment location. In addition to that Employer need to post at least 30 days job posting in the State Workforce Agency related to employer’s home State.
If the job position is professional employer need to do further publication, in addition to above said publication additional three publication to search US employee or worker.
This publication has the various legal requirement such as timeline, job position, duties. Bhurtel Law Firm has experienced lawyer who has been advising Employer to complete this process.
- Labor Certification
After completing of publication, if US employer cannot find a qualified employer for the position and duties required by the employer, at that condition employer may file an application for permanent labor certification(PERM) to hire the foreign worker.
The employer must comply various time line otherwise, Department of Labor will deny Employer application for Labor Certification. It has particular 180 day window period to complete publication and file PERM application. The employer can not file before 30 days waiting period from the date it was published. Bhurtel Law Firm has experienced lawyer who has been advising Employer to complete this process.
- I-140 and I-485 application
Once PERM application is certified by Labor department US employer may file with USCIS immigration petition for Alien worker (form I-140). Once that I-140 approved foreign worker can file the final application to register permanent residence or adjust status (Form I-485).
Once Labor certification is granted Employer must file I-140 petition within the time limit provided by Labor Certification.
If the foreign worker has spouse and children and I-140 is approved at that condition foreign worker can file Green card application for his qualified family members such as spouse and children.