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.


This article was written by Paul M. Heller, Esq.,founder of Heller Immigration Law Group, 1/800 863-4448, heller@greencard1.com.