STAGE 1: Labor Certification (Department of Labor)

Start

  • Employee, with manager's assistance, forwards to HILG information necessary to begin the case.

Work-up

  • Employee's information and documents are reviewed and organized.
  • Attorney performs legal analysis and develops case strategy.
  • First draft of job notice is sent to employee and manager for approval.
  • HILG exchanges drafts and consults with the employee and Human Resources Department, and manager until the Human Resources and Manager approves a final job notice.

Preparation

Once the job notice is approved,

  • Obtain job/wage classification from SWA (State Workforce Agency) (4-8 weeks).
  • Obtain evaluation of academic degree (if necessary).
  • Once prevailing wage is received, initiate internal company posting and obtain confirmation (3 weeks).
  • Employer conducts recruitment (30 days must expire after the required requirement before the application can be filed)
  • Employer provides recruitment results to HILG
  • HILG assembles recruitment documentation package to be maintained according to PERM.
  • Help employee draft and obtain reference letters.
  • Prepare final form for employee and company.
  • Prepare company's recruitment letter.· Final check of all documents and letters.
  • Labor certification application form is filed with DOL.

DOL (Department of Labor)

  • DOL reviews and adjudicates the labor certification
  • If approved, DOL returns the application to be signed by the employer and the employee

 

STAGE 2: Company I-140 Petition (CIS)

Preparation

Once the labor certification is approved, HILG will:

  • Prepare forms for company.
  • Assist in preparing the company's employment letter.
  • Obtain final forms and letter signed by company.
  • Final check of all documents, forms, and letters.
  • I-140 application is filed with CIS.

CIS

  • CIS examines position requirements, determines if applicant meets all requirements, and assigns applicant a preference category.
  • I-140 application is adjudicated by CIS.

 

STAGE 3: Employee I-485 Adjustment of Status Application (CIS)

Advance

  • If not eligible to file with the I-140, HILG tracks priority dates of cases subject to quota.

Preparation

Once an employee has a current priority date, HILG will:

  • Provide final advice to employee to gather required documents and medical exam.
  • Prepare final forms for employee and company.
  • Get final forms signed by employee.
  • Assemble package with all documentation.
  • Final check of all documents, forms, and letters.
  • File I-485 and requests for advance parole and employment authorization documents.

Advance Parole (AP - travel permission)

  • AP (advance parole) approved and received.
  • Employee and dependents can now travel outside the US

Employment Authorization Document (EAD)

  • EADs approved and received for employee and dependents.
  • Employee's dependents are now authorized to work in the United States

I-485 approved

  • Employee and dependents are now permanent residents.

 

The information provided throughout the Website is general in nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of Heller Immigration Law Group, LLP, or establish an attorney-client relationship.