· Green Card · 1 min read
How to Get a Green Card ?
This text explains the process of obtaining a Green Card through employment. First, you need to find a job offer from an American company. The process then consists of three stages: the PERM application, the I-140 application, and the I-485 application.
How to Get a Green Card?
-Employment-Based Green Card
Applying Through a Company
Requirements:
- The company must be American.
- You must find the company yourself, and the company must voluntarily offer you a job opportunity. Agreements made in exchange for money or other unlawful arrangements are illegal.
- There must be a position available for you in this company.
- There must not be a qualified U.S. citizen or Green Card holder available for this position.
Application Stages
Stage 1: PERM Application
PERM is an application made to the Department of Labor by the company. This application essentially means:
“We could not find a U.S. citizen or Green Card holder qualified for this position in our company. Therefore, we are recommending the applicant for this position.”
Procedures the company must complete before the application:
- Wage Determination: Identifying the prevailing wage for the position in that region.
- Recruitment Process: Running a recruitment campaign for the position, receiving applications, and evaluating candidates.
*The application process can take around 4–6 months until the file is submitted.
After submission, the Department of Labor may either:
- Approve the file, or
- Issue an audit (review) for further examination.
If an audit is issued, the process will take longer and requires a response. In such cases, the total duration may extend up to 8 months.
Once the PERM form is approved—proving that no U.S. citizen or Green Card holder could fill this position—you can proceed to the second stage.
Stage 2: I-140 Application
This application is also filed by the company on your behalf.
The company must provide:
1.Proof of Financial Ability
-Tax returns
-Financial statements, etc.
2.Proof of Qualification for the Position
-Required master’s degree
-Experience letters, etc.
*This stage usually takes around 4–7 months.
Stage 3: I-485 Application
At this stage, the applicant files their own Green Card application with USCIS, using the approved documents from the previous stages.
-If the applicant is inside the U.S., the application is filed with USCIS.
-If the applicant is outside the U.S., the application is filed through the consulate.
Documents required for the I-485 application:
- Medical report
- Birth certificate
- Form I-693
- Other supporting documents
*This process usually takes around 10–16 months and typically includes an interview.
FAQ-
Can I include my family?
Yes, at Stage 3 you can include your spouse and children in your application.
Is there a requirement to work at the company?
You are not required to be actively working at the sponsoring company at the time of the application. However, the company must be willing to sponsor you.
Legal Advice
The Green Card process is quite complex and involves many details that require attention at every stage. Proper preparation of documents, accurate management of deadlines, and timely responses to potential audits are critical to the successful outcome of the process. At this point, seeking professional support speeds up the process and minimizes the risk of errors. Capitol Law Partners, with its experienced team, guides you through your Green Card applications and is by your side at every stage.
Whatsapp +1 (202) 440-2272
Phone +1 (202) 440-2272
