AIM – 21 How to get a Green Card through an employer (EB2EB3) San Diego Immigration Lawyer

How to get a Green Card through an employer?

00:04 The first step in the process of getting a green card through an employer is actually have the employer commit to giving you that job.

00:18 The first step in the process is going to be, we called his perm, PERM Labor Certification, the Labor Certification. And the Labor Certification process involves essentially an employer filing a petition with the Labor Department and several other things with the Labor Department proving that there are no U.S. citizen workers that are qualified to do this job.

1:18 The reason is because not only that employer has to sign the forms, be involved in all the recruitment process and everything else that we’re going to describe, but also they have to be paying most of the fees that are involved in the process, including the lawyer fees

2:31 Once we have a certified labor certification, after we went through all the hoops of advertising and doing whatever is required, the employer with that certified labor certification, they can go ahead and proceed to filing the immigrant petition.

3:25 Employer will provide financial documents, pay stubs, tax returns and if all those are met then the I140 will be approved.

4:24 Typically when you do file the I140 or the 45 immigration may request more evidence and if that’s the case you have to respond and hopefully the case will be approved, but that’s in general the process to file a green card through an employer.

5:16 If the applicant is married, typically we advise to file the application for the spouse at the same time where when you file your own adjustment of status application, because if the green card is already approved for that employee and they are married and they failed to file for their spouse, they’ll have to file for their spouse separately.

If you have any questions email Jacob at jacob@h1b.biz.