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Process for Obtaining Permanent Residency through Labor Certification |
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with Adjustment of Status (Interview in U.S.) |
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Responsibilities of Employer and Applicant |
The following outlines the process by which you will assist your employee to obtain his permanent residency. The process consists of three steps: (1) obtaining approval from DOL, (2) obtaining approval from INS, (3) employing the person for whom you are petitioning (if he/she is not already working for you), and (4) the final interview. The following summarizes your responsibilities during this process:
| Process
1. Obtaining an Approved Labor Certification from the Department of Labor (DOL). This step is primarily an effort to show that there are no U.S. workers who are qualified and available to do the job. The job is advertised, and the Employment Development Department (EDD) will forward to you the resumes of any applicants. You must interview anyone whose resume indicates they might have the proper qualifications, and your written evaluations of the applicants are provided to EDD. (If there are any applicants, please note that although we are not permitted to participate in the actual interviewing, we can help you in compiling the evaluations so that you are not unduly inconvenienced.) If there is no U.S. worker that is qualified, the DOL should approve the certification.
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Needed from Employer &
Applicant
From applicant: Signature on petition From employer: Signature on petition From employer: Send letters to applicants Interview applicants Letter documenting results (Sample to be provided to you) |
Estimated Time
Frame
Evaluation at EDD: 9 months for regular cases 3 months for RIR cases Recruitment: 1 month for regular cases 0 months for RIR cases Transfer to DOL: 1 to 2 months for all cases Evaluation at DOL: 18 months for regular cases 7 months for RIR cases | ||
| 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 | ||
Immigrant visa processing by way of labor certification is currently taking approximately three years for regular cases and a year and a half for RIR cases, but it may differ depending on the specific circumstances of the case and changes in resources allocated at DOL, EDD, and INS. We will make every effort to make sure that the case proceeds in an expeditious manner and that your business is not unduly interrupted.
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Process for Obtaining Permanent Residency through Labor Certification |
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With Final Consular Processing (Interview Abroad) |
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Responsibilities of Employer and Applicant |
The following outlines the process by which you will assist your prospective employee to obtain his/her permanent residency. The process consists of three steps: (1) obtaining approval from DOL, (2) obtaining approval from INS, (3) submitting biographic information forms to the U.S. consulate abroad, and (4) the final interview at the U.S. consulate abroad. The following summarizes your responsibilities during this process:
| Process
1. Obtaining an Approved Labor Certification from the Department of Labor (DOL). This step is primarily an effort to show that there are no U.S. workers who are qualified and available to do the job. The job is advertised, and the Employment Development Department (EDD) will forward to you the resumes of any applicants. You must interview anyone whose resume indicates they might have the proper qualifications, and your written evaluations of the applicants are provided to EDD. (If there are any applicants, please note that although we are not permitted to participate in the actual interviewing, we can help you in compiling the evaluations so that you are not unduly inconvenienced.) If there is no U.S. worker that is qualified, the DOL should approve the certification. |
Needed from Employer &
Applicant
From applicant: Signature on petition From employer: Signature on petition From employer: Send letters to applicants Interview applicants Letter documenting results (Sample to be provided to you) |
Estimated Time
Frame
Evaluation at EDD: 9 months for regular cases 3 months for RIR cases Recruitment: 1 month for regular cases 0 months for RIR cases Transfer to DOL: 1 to 2 months for all cases Evaluation at DOL: 18 months for regular cases 7 months for RIR cases | ||
| 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. "Packet III"Biographic Information Forms. Once the immigration petition is approved by INS (step 2), the State Department requests some biographic information forms that must be completed by the prospective employee. 4. Final Interview at U.S. Consulate in Home Country. Your prospective employee will have a final interview at the U.S. consulate abroad. |
Needed from Employer &
Applicant
From applicant: Work letter(s) and/or degrees From employer: Signature on I-140 Latest tax return From applicant: Biographic information Signature on forms Request police certificates From applicant: Police certificates Original birth & marriage cert. Medical exam From employer: Job offer letter Latest tax return DE-6 reports last four quarters (state quarterly payroll) |
Estimated Processing
Time
1 to 2 months 2 to 3 months 2 to 3 months | ||
Immigrant visa processing by way of labor certification is currently taking approximately three years for regular cases and a year and a half for RIR cases, but it may differ depending on the specific circumstances of the case and changes in resources allocated at DOL, EDD, and INS. We will make every effort to make sure that the case proceeds in an expeditious manner and that your business is not unduly interrupted.
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