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The Green Card Application Process after the PERM Labor Certification Approval

Hi William,

I am in H-1B status and work for a online education company. My employer will soon start the Green Card application process for me. I understand that we need to go though the PERM Labor Certification application first. But what is Green Card application process after the Labor Certification approval.

Answer,

For a U.S. employer to seek U.S. permanent residency for an alien employee, the following is the process:

1) The employer should file Form I-140 application, Petition for Alien Worker, and also submit the job offer and other evidence to USCIS.

2) Upon approval of Form I-140, the alien beneficiary should file Form I-485 application for adjustment of status, if an immigrant visa number is available, and the alien beneficiary is in U.S. On the other hand, if the alien beneficiary is outside the United States when an immigrant visa number becomes available, the alien could complete the process of status adjustment at a nearest U.S. consulate office.

3) If the From I-485 application is approved by USCIS, the alien beneficiary is granted U.S. permanent resident status, and will receive a permanent resident card (Green Card) in mail. (If the alien beneficiary went through the immigrant visa process overseas, the alien beneficiary can enter the U.S. and receives an immigrant visa attached to the passport at the U.S. port of entry, to serve as evidence of immigrant status until receiving the Green Card in mail.)







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