A Comprehensive Guide to Securing a U.S. Green Card: 9 Essential Steps

Embarking on the journey from obtaining an H-1B visa to acquiring a U.S. Green Card involves several critical steps. This blog summarizes the entire process into nine key stages to provide clarity for aspiring immigrants. Below is a concise overview of each stage in this intricate endeavor. 🌍🗽

Step 1: Define Position Requirements and Qualifications

Employers must adhere to the Department of Labor (DOL) guidelines and market standards, clearly defining the job responsibilities. Similarly, employees should ensure their resumes demonstrate that they meet all position qualifications, including relevant work experience and educational background.

Step 2: Determine Prevailing Wage Level (PWD)

A lawyer representing the employer will submit a prevailing wage request online to the DOL. The DOL will then determine the legal salary range for the position based on job specifications, geographic factors, and more. If the salary is subject to a collective bargaining agreement, additional documentation may be required.

Step 3: Implement a Comprehensive Recruitment Process

Recruitment postings are a critical part of the PERM (Permanent Labor Certification) process and must last at least two months. This includes one month of active recruitment and a subsequent 30-day quiet period.

Step 4: Officially Submit PERM Application to DOL

If no eligible U.S. applicants apply by the end of the recruitment period, the lawyer will compile the materials and submit the PERM application to the DOL using Form 9089. Currently, the PERM approval timeline is approximately 13 to 14 months, which may extend if an audit occurs. Note: This timeline is based on information available as of April 2024.

Overall, the PERM labor certification phase (from Step 1 to Step 4) typically takes about two years.

Step 5: File I-140 Immigrant Application

Once the PERM is approved, the next step is to submit the I-140 petition to the U.S. Citizenship and Immigration Services (USCIS), classifying the applicant as an immigrant worker.

Step 6: Wait for Priority Date to Become Current

If the priority date is current when the I-140 is filed, applicants can immediately proceed with subsequent steps, or they may choose to submit both the I-140 and I-485 petitions simultaneously.

Step 7: Submit I-485 Green Card Application

The I-485 petition must be filed by the applicant and any immediate family members (spouse, children) after the I-140 is approved. As long as the priority date is valid, the I-485 can be submitted either concurrently or subsequently to the I-140.

Step 8: Complete Fingerprint Collection

About 1 to 2 months following the submission of the I-485, applicants will receive a notification for fingerprinting, which is a crucial step in the background check process.

Step 9: Prepare for and Attend USCIS Interview

The approval of the I-140 petition is essential to obtain the Green Card. Within 180 days of I-140 approval, the original employer can withdraw the application. However, if the I-140 is approved for over 180 days, it’s locked in, meaning the applicant’s PD (Priority Date) is secure. Therefore, delays in returning to your home country after submitting the I-485 are advisable.

This journey to securing a Green Card can be complex and often requires careful planning and guidance. Each step is a vital part of a larger journey towards contributing to the rich tapestry of American life. 🏙️🏆

In conclusion, navigating the pathway to a U.S. Green Card necessitates a thorough understanding of the process, commitment, and timely action. We hope this guide serves as a valuable tool in your immigration journey! 🚀