Steps to obtain a Green Card and how we can help
For EB-2 and EB-3 immigrant visas based on labor certification, there are three major stages in the Green Card process: Stage 1: Department of Labor—obtain certification through Form ETA-9089. Stage 2: immigrant worker petition—Form I-140. Stage 3: apply for permanent residence through adjustment of status or consular processing.
Stage 1: Department of Labor—obtain labor certification through Form ETA-9089
The first step is to determine the main details of the position for which the employee is being sponsored. This includes the job title, job responsibilities, minimum education and experience requirements, work location, and any other applicable details.
Establishing job duties and minimum requirements
IMPORTANT FOR THE EMPLOYER: the essential requirements for the position must be described accurately and in detail. IMPORTANT FOR THE EMPLOYEE: prior experience and education must be properly documented. Changes to the job conditions, minimum requirements, or work location may require the process to begin again.
How long does this step take?
The time required varies depending on how quickly the relevant information can be obtained and how effectively the attorney, employer, and employee communicate. In general, this step may take two to four weeks.
Requesting the prevailing wage determination (PWD)
Once the position details are established, we submit a prevailing wage request to the Department of Labor. The agency determines the prevailing wage for the position and geographic location based on the job duties, minimum requirements, and other details. The prevailing wage establishes the minimum salary the employer must be willing to pay when the employee becomes a permanent resident.
How long does this step take?
The Department of Labor processing time is currently six to eight months.
Recruitment
After the prevailing wage is obtained, the appropriate time to place the required advertisements is determined. These advertisements are intended to test the labor market. Recruitment takes at least two months: approximately 30 days of active advertising and 30 days to evaluate qualified candidates.
Filing Form ETA-9089 with the Department of Labor
If the recruitment period ends without qualified, willing, and able U.S. workers applying for the position, we prepare and file Form ETA-9089 with the Department of Labor. Processing currently takes approximately six to eight months, but may take significantly longer if the case is audited. Based on these timelines, it is reasonable to expect the labor certification stage to take approximately two years. These are estimates based on recent experience and may change at any time.
Stage 2: Immigrant worker petition—Form I-140
Once Form ETA-9089 is certified by the Department of Labor, it is time to file the immigrant worker petition (I-140). This petition is filed with U.S. Citizenship and Immigration Services to obtain an EB-2 or EB-3 immigrant visa, as applicable. The employer must demonstrate the ability to pay the offered wage, and the employee must show that they possess the qualifications for the position.
Filing Form I-140
The petition must be filed with the certified ETA-9089, which is valid for only 180 days. Whenever possible, we prepare the I-140 petition in advance so it is ready to file as soon as the ETA-9089 is certified. Current I-140 processing may take four to five months. Premium processing may be available to reduce the initial processing time to approximately two weeks.
Stage 3: Applying for permanent residence—adjustment of status or consular processing
Once the I-140 is approved, an immigrant visa number may not be immediately available depending on the EB-2 or EB-3 preference category and the country of chargeability. It is important to know your priority date and consult the Visa Bulletin. Your priority date can be found on Form I-797, the notice of action for the I-140 petition.
Adjustment of status or consular processing
Once an immigrant visa number is available, a person who is in the United States and meets the requirements may submit an adjustment-of-status application. A person who is outside the United States or does not qualify for adjustment of status must begin consular processing to obtain an immigrant visa in their passport.
Adjustment of status
If you are in the United States and qualify for adjustment of status, we coordinate the required documents and prepare the relevant forms for filing with USCIS. Form I-485 is a personal application to adjust current status to that of a permanent resident. This stage includes the employee named in the I-140 petition and dependent family members, including a spouse and children. If the priority date remains current, the I-485 may be filed after approval of the I-140 or concurrently with it.
Consular processing
Unlike adjustment of status, consular processing takes place outside the United States. The process involves collecting the relevant information for submission to a consulate. The applicant must attend an interview to complete the process. If approved, the consulate places the immigrant visa in the applicant’s passport. We support clients in collecting the necessary information and submitting it to the National Visa Center for review and referral to the appropriate consulate.
Obtain your Green Card through labor certification
Based on our experience, we have helped people pursue lawful residence in the United States through different processes. Obtaining a Green Card through labor certification is possible, and we may be able to help you pursue a Green Card or another visa that fits your profile.