| Process
2. Obtaining Approval from the Immigration and
Naturalization Service (I-140 Petition). This step is essentially
to show that the applicant is qualified for the job you are offering and
that you are able to pay the stated salary.
3. Employing the Person for Whom You Are
Petitioning. Once the immigration petition is approved by INS
(step 2), the person whom you are sponsoring submits an I-485 petition for
adjustment of status. While awaiting the interview, he/she is expected to
work for you full-time at the same salary stated in the approved labor
certification.
4. Final Interview With INS, or INS Approval with
Waiver of Interview. Your employee will either have a final
interview with INS, or the petition may be approved with a waiver of the
interview. |
|
Needed from Employer &
Applicant
From applicant: Work letter(s)
and/or degrees
From employer: Signature on I-140
Latest tax return
From applicant: Signature on I-485
Medical exam
Fingerprints & photos
Birth certificate
Marriage cert. & birth cert.
of family members (if applicable)
From employer: Job offer letter
From applicant: W-2s & tax returns
Original birth & marriage cert.
Work letters: any U.S. employers
From employer: Job offer letter
Latest tax return
DE-6 reports last four quarters
(state quarterly payroll) |
|
Estimated Processing
Time
1 to 2 months
Work permit normally
issued two months
after submitting I-485
petition.
4 months if interview
waived, or 1 year
if INS schedules
interview |
