How To Secure A Green Card Via Employment Visa?
Recruiting foreign talent begins by applying for PWD, leading to a meticulous series of steps. Every move must be navigated with precision for a favorable outcome.
File Form ETA-9141
You must submit a request for a PWD to the DOL’s National Prevailing Wage Center (NPWC) through Form ETA-9141. The determined PWD helps ensure that the rate offered to the foreign worker reaches or surpasses the prevailing wage for the position and location.
After obtaining the PWD, you must incorporate this detail into the job postings, advertisements, and recruitment efforts to test the U.S. labor market. You must offer the accepted compensation standard to both U.S. workers and foreign workers applying for the position. What if qualified U.S. workers express interest and are available at the prevailing wage rate? In this case, you must prioritize hiring them over sponsoring a foreign worker.
PERM Application
If you can’t find a qualified U.S. resident for the job, you can start the PERM application by submitting ETA-9089 or Permanent Labor Certification to DOL. This form is the actual labor certification document where you list the job duties, educational requirements, experience qualifications, and prevailing wage information.
Review & Certification
After submitting ETA-9089, the DOL carefully reviews the application. It verifies whether there are no qualified, available, and willing U.S. workers for the job. If they determine that the application meets all requirements, it will issue a labor certification and allow you to proceed with the next steps.
Immigrant Visa Petition
After receiving PERM certification, you must file an immigrant Visa petition with the U.S. Citizenship and Immigration Services (USCIS) in place of the foreign worker. Form I-140, the Immigrant Petition for Alien Workers, establishes the foreign worker’s eligibility for an employment-based immigrant Visa.
The USCIS reviews the petition to verify that the foreign worker satisfies the qualifications for the job position and that the employer’s sponsorship is legitimate.
Adjustment Of Status Or Consular Processing
Once USCIS approves the Form I-140 petition, the foreign worker may proceed with either adjustment of status or consular processing to obtain a Green Card. The decision between adjustment of status and consular processing depends on various factors, including the foreign worker’s current immigration status and preference.
Upon approval of the permanent residency application, the foreign worker becomes a lawful permanent resident of the United States. Throughout this complex process, application for PWD is evident as the first step toward a successful PERM application. Completing this form accurately and submitting the requisite documents steers the course of your application.
Lozano Law Firm - Abogados de Inmigración
5718 University Heights Blvd #104
San Antonio, TX 78249
(210) 899-2290
https://abogadolozano.com
