This article includes an overview of the U.S. employment-based permanent residency process and is intended for sponsored employees and employers to gain a better understanding of case processing. Envoy Global users can work with the legal team at Corporate Immigration Partners (CIP) in the Communication Center to learn more about green cards and start the process.
This is a high level overview intended for employers and sponsored employees. Circumstances may vary from case to case and questions about cases opened in your Envoy Global account should be directed to the legal team at CIP in the Communication Center.
Lawful permanent residency, also known as a green card, grants foreign nationals the right to live and work in the U.S. indefinitely. The validity of most green cards is 10 years. However, conditional green cards obtained through marriages of less than 2 years are valid for 2 years and requires an additional petition to remove conditions 90 days before the green card expires.
Once you become a permanent resident, you are expected to maintain your primary place of residence in the United States. Prolonged absences from the United States can lead the government to presume that you have abandoned your permanent resident status. Specifically, an absence of 6 to 12 months triggers heightened USCIS scrutiny as to whether the extended departure is an abandonment of permanent residency. An absence of more than 12 months result in a rebuttable presumption that permanent residency has been abandoned. You should therefore seek legal counsel if you anticipate a lengthy absence from the U.S. after you have become a permanent resident.
PERM Process
The first step in the green card process for EB-2 and EB-3 classifications is the Permanent Labor Certification (PERM) process. These EB categories are based entirely on the minimum requirements of the PERM position—not the employee’s individual background.
The PERM process typically takes 18-24+ months to complete.
Individuals in other EB categories, such as EB-1, are typically exempt from the PERM process and can proceed with the I-140.
The first step of the PERM process is to obtain a Prevailing Wage Determination (PWD) from the Department of Labor. The PWD determines the wages to be paid for the green card position.
It is at this step that the legal team will ask for experience letters (and provide a template) for confirmation that the sponsored individual will be able to demonstrate they meet the minimum requirements for the position. Typically, the legal team will not start the second stage (Recruitment) until they receive the experience letters.
The issuance of the PWD by the DOL takes approximately 7-9 months. This is an estimate and case processing will vary.
The second step of the PERM process is Recruitment. The legal team conducts a mandatory labor market test along with the employer. As per the DOL regulations, the employee is not allowed to take part in any of the recruitment efforts.
Recruitment typically takes approximately 3-6 months so long as we have all required information from the employer.
The third step of the PERM process is to file the ETA-9089. In filing the ETA-9089, the legal team is confirming to the DOL that they have completed the recruitment and necessary steps to fulfill this role, but that no qualified U.S. workers applied or were able to fill the position.
The DOL processes these PERM cases in approximately 12-14+ months. If an audit is issued (which is done so at random), that can delay the process.
I-140, Immigrant Petition for Alien Worker
Once the PERM labor certification is certified by the DOL, employers can move forward to the second stage of the green card process, the I-140, Immigrant Visa Petition. Form I-140 is filed by the employer with U.S. Citizenship and Immigration Services (USCIS).
The petition must include evidence that the beneficiary meets the qualifications outlined in the PERM labor certification and that the employer has the ability to pay the proffered wage. The I-140 petition must be filed within 180 days of the PERM labor certification approval. When approved, the I-140 approval confirms the employment-based preference category and the priority date - the date when the PERM was filed or an earlier priority date if one was previously established.
I-485, Application to Adjust Status to a Permanent Resident
The final stage of the green card process is the filing of the Form I-485, Application to Register Permanent Residence or Adjust Status. An individual must: (1) Have an I-140 Petition tied to a currently valid job offer; (2) Have a Priority Date that is current based on the Department of State’s Visa Bulletin; and (3) Be present in the U.S. in a valid nonimmigrant status.
The approval of the Form I-485 Adjustment of Status Application results in issuance of the Permanent Resident Card (green card).
The Visa Bulletin may retrogress after filing. If the visa bulletin retrogresses, the application will not be adjudicated until the priority date becomes current again.
Dependents
Any eligible dependents (spouse and/or any unmarried children under the age of 21) will be eligible to submit their own I-485, Adjustment of Status Application with the Primary Applicant. An I-485 case must be opened in the Envoy Global platform for each dependent and these cases will not be opened until the I-485 stage.
Supporting Documents
This is a standard list of documents required for I-485 casework. The legal team may require additional documentation identified during case processing, depending on your circumstances. Birth, marriage, and divorce documents must be in line with the Department of State’s reciprocity schedule by country.
- Copy of passport including blank pages
- Evidence of Current/Prior Immigration Status, which can include a combination of the following documents: Visa Stamps, Form I-94, Form I-20 and EAD cards, endorsed I-129S, DS-2019 or IAP-66 for J visa holders, and/or I-797 Approval Notices.
- Birth Certificate
- Marriage/Divorce Certificate(s), if applicable
- Military records, if applicable
- Certified court copies of criminal/arrest records including disposition documents, if applicable
- 6 Passport photos
- **Sealed Form I-693, Report of Immigration Medical Examination
** You must obtain a medical examination to establish that you are not inadmissible on public health grounds. The examination must be completed by a USCIS-approved physician or Civil Surgeon. Please take your vaccination records with you. The results of the medical exam must remain sealed.
Biometrics Appointment & Interview
All applicants will attend an appointment for biometric information collection, which is typically scheduled within 2 months of submission of the I-485.
In-Person Interviews may be scheduled for certain individuals at a USCIS field office prior to Adjudication. If you receive notice for an interview, please contact your CIP PC legal team for further instructions.
Travel Restrictions
You must be physically present in the United States at the time when your I-485 application is submitted to USCIS. If you are in H-1B, H-4, L-1, or L-2 status, you may travel internationally after the I-485 has been submitted without interrupting the processing of your I-485 application. However, your I-131, Application for Travel Document will be denied if you travel before its approval. If you are in any other nonimmigrant status at the time of filing, you must first obtain an advance parole document before traveling after the I-485 has been filed. If you depart the United States without having obtained the advance parole document, your I-485 may be deemed abandoned and denied, and you may also be refused re-entry in your nonimmigrant status.
Change of Address
Individuals must keep USCIS informed of any change of address. The Visa Bulletin may retrogress after filing. If the visa bulletin retrogresses, the application will not be adjudicated until the priority date becomes current again.
Need additional support?
For employers, contact your Account Management team. For sponsored employees, start a live chat with the Envoy Global Customer Experience team from your Envoy Global account.
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