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What Are the Processes from the Labor Certification to Get My Green Card?

Hi William:

My employer will apply for Labor Certification for me soon. What are the processes from the Labor certification to get my Green Card?


The ETA Form 9089 is published by U.S. Department of Labor (DOL), and it allows U.S. employers to seek the Labor Certification for a prospective alien employee. To obtain the Labor certification from the DOL, the U.S. employer needs to first get what’s called a prevailing wage determination (PWD) from the DOL. 

After the employer has obtained the prevailing wage determination, then they should go through a careful process of advertising and recruiting for the job that the employer is being offered, which is a process for the employer to determine that there are no qualified U.S. workers willing and available to take the offered job. Thereafter, the employer should fill out and submit Form 9089 to the U.S. Department of Labor to apply for the Labor Certification.

If all goes well, the U.S. Department of Labor will issue a Permanent Labor Certification in its response, which allows the employer to submit an immigrant visa petition to U.S. Citizenship and Immigration Services (USCIS) on Form I-140, based on the issued Labor certification from U.S. Department of Labor. After the Form I-140 petition is approved by USCIS for an immigrant visa, the alien employee will be allowed to file Form I-485 application to get U.S. Green Card. 

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