How to reach
us?
Toll-free number:
1-866-360-4LAW
1-866-360-4529
Our location
Main Office:
16177 Brookhurst Ave
Fountain Valley, CA 92708.
Tel: (714) 636-6030
(714) 389-7880
>>Map
Orange County
14411 Brookhurst Ave,
Suite A
Garden Grove, CA 92843
Tel: (714) 775-7770
>>Map
Rosemead
8450 Garvey Ave. Suite 208
Rosemead, CA 91770.
Tel:
(626) 307-4000
>>Map
Other branches:
626-288-0854 (San Gabriel
Valley) |
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OVERVIEW OF THE PERMANENT
RESIDENCY PROCESS
To download a MS Word version of this document, right click on
this link and select "Save Target As" (for mac users, CTRL + click).
Attaining U.S. Permanent
Residency status, commonly referred to as green card status, is
generally a three-step process. This entails filing an application for
Labor Certification, a petition for Immigrant Visa (I-140), and an
application for Adjustment of Status (I-485) or Consular Processing.
STEP ONE - LABOR CERTIFICATION
The Labor Certification (LC) is confirmation from the U.S. Department of
Labor (DOL) that there are no able, willing and qualified U.S. workers
for the position being offered to the foreign national employee. The
certification is for the job position and not the individual. Because
the LC is job-specific, one should not change jobs without first
consulting with HR and the attorney to determine if s/he will be
negatively impacted.
There are two ways in which the Department of Labor will accept and
process a LC application. To see flow-charts of these processes, please
choose "Helpful Info" after logging into "My ILG" at
www.immigrationlawgroup.net.
1. Reduction in Recruitment (RIR)
RIR has become the most common form of LC application. It is appropriate
where the sponsoring employer has completed an adequate amount of
recruitment for positions with limited or no available and qualified
U.S. workers, through methods customary to the occupation and industry,
during the six-months prior to submission of the application.
RIR applications are filed with the state where the job is located.
Specifically, the application is filed with the applicable state's SESA
(State Employment Security Agency). The SESA in California is called the
Employment Development Department (EDD). The SESA will check the
application for completeness and confirm that the salary offered meets
prevailing wage. If the SESA finds the application to be deficient in
any way, a request for additional documentation and/or information, or
for revision to the application will be made. Once the SESA is satisfied
that the application is in conformity, it will forward the case directly
to the DOL for final processing. The DOL makes the decision as to
whether the LC application meets all requirements and thus should be
"certified" (approved). The DOL bases its decision on factors including
the sufficiency of the recruitment effort by the sponsoring employer,
the health of the current job market, and the availability of U.S.
workers for the applicable occupation.
If the application is rejected for RIR processing because the
recruitment was inadequate, the application will be returned to SESA for
regular "non-RIR" processing.
2. NON-RIR
The "Non-RIR" process is actually the traditional approach for LC. This
approach has become unpopular in recent years because it is not uncommon
for it to take two or more years to get certified (approved) and in
turn, is commonly referred to as the "slow-track" process. Though
unpopular, this approach is not obsolete because not all occupations are
considered "shortage occupations" and eligible for RIR.
The non-RIR application is submitted to the SESA before
recruitment begins. The SESA reviews the application and confirms that
the salary meets prevailing wage. It then instructs the employer when
and where to run newspaper ads. Responses to the ads will be sent to the
SESA, and the SESA will forward all resumes to the employer for review.
The employer is required to interview all seemingly qualified applicants
and summarize the recruitment result and forward this information to the
SESA. The SESA will then forward the application to the DOL for final
review and adjudication.
STEP TWO - IMMIGRANT VISA PETITION (FORM I-140)
Once the LC is granted, an immigrant visa petition (I-140) must be filed
with the BCIS (Bureau of Citizenship and Immigration Services). The
purpose of this petition is to classify you in the appropriate
employment category in which you will eventually apply for residency
status, to ensure that your employer continues to offer you the job
within the company, to confirm your priority date, and to ensure that
your employer can afford to pay the salary offered to you.
Before filing the I-140, the beneficiary will need to decide whether
s/he wants to apply for permanent residency status through the BCIS
office by remaining in the U.S. and "adjusting" his/her status, or
through the U.S. Consulate in his/her home country. To view the pros and
cons of Adjustment of Status and Consular processing, please choose
"Helpful Info" after logging into "My ILG" at
www.immigrationlawgroup.net. If you, or any accompanying family member,
have ever violated your status in the U.S. for more than 6 months, you
may be required to apply for your immigrant visa through the U.S.
Consulate abroad.
STEP THREE - Adjustment of Status (I-485) or
Consular Processing
Finally, the light at the end of the tunnel comes with the actual
application for permanent residency. You are eligible to apply when your
priority date is current. For more information on priority dates, go to
http://www.immigrationlawgroup.net/resources.html and choose the "visa
bulletin" link.
As outlined in step two, this can be done either through the BCIS or
through a U.S. Consulate abroad. For a list of the documents you will
need, see the AOS/CP checklist by accessing "Helpful Info" after logging
into "My ILG" at www.immigrationlawgroup.net. We recommend that you
review and confirm that you can obtain all of these documents by the
time we file your application for Adjustment of Status or Consular
Processing. These documents are required for all applicants, including
family members.
INITIATING THE PROCESS
To initiate the Permanent Residency process, complete and submit the "LC
Questionnaire," which outlines your job and personal data, along with
the requested documentation to our office.
When starting the Labor Certification process, it is important to fully
describe the job duties to be performed and the requirements for the job
including education and experience, and justify how the special
requirements for the position, if any, are necessary for the job. When
providing job-related information, please note the following:
- The position described in the LC application does not
necessarily need to reflect your current position. The LC
position is the job you will fill when you immigrate (i.e., become a
lawful permanent resident of the U.S.) which can be two years after
this process is started. Therefore, you must think "long-term" in
describing the job. It helps to describe the job generically and
leave out specific projects that you are currently working on.
- Minimum and special requirements for the position are education,
experience, and/or specific skills that all applicants must possess
to be qualified for the position being certified. Thus, you must
have attained such degrees, experience, and/or skills prior
to joining the sponsoring employer. Do not include in the LC
application experience or skills that you gained with the sponsoring
employer. Also, these skills must be justifiable in that it must
assist you in performing the jobs duties outlined.
- The job must be described without unduly restrictive
requirements. The requirements cannot be tailored to your education
and experience. The requirements must be realistic, and we must be
prepared to explain how these skills are used on the job.
- If the position requires work experience, BCIS will require
proof that you have the required experience. Thus, we will need
employment verification letters from your prior employers.
To start the Permanent Residency process, begin
by completing the
Labor Certification Questionnaire. |
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