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Friday 30 January 2015

How to Apply For a Green Card in US Through your Employer ?

   In the United States, a head honcho can support a remote national, for example, you, for a green card. The head honcho must be eager to support you and to contract you once you get your green card. To do this, your business must demonstrate that there is no US subject who is 1) qualified, 2) ready and 3) ready to fill the position. At that point your business must demonstrate the money related capacity to pay your compensation (which is situated by law). Despite the fact that the methodology is at times direct and frequently relies on upon individual circumstances, with a tiny bit of learning you will be well on your approach to acquiring your green card.

Here are Three parts to Apply For a Green Card in US Through your Employer:


Part - 1:  Getting Employer Labor Certification 


   To begin the green card handle, the Department of Labor needs to guarantee that US natives have greatest access to the work advertise before foreigners looking for work-related visas. Once the manager has demonstrated the Department of Labor that no qualified, willing, and capable US subjects are accessible for the employment, the following some piece of the methodology can be begun.

1) Comprehend the general necessities for work accreditation: Work confirmation must be documented with the Department of Labor (DOL) by a superintendent and must conform to the regulations under the PERM process. The reason for work accreditation is to demonstrate that the manager has tried the work business sector to guarantee that there is no qualified, willing, and capable US specialist who can fill the employment opportunity. In the event that there is such a US subject, then the manager can't support the worker for that specific employment. 
  • To test the work showcase, the manager must enlisted person for the position by running different commercials and observing whether there are any qualified candidates for the position. When this is finished the time periods laid out by DOL, the business may record the application. 
  • All promoting and legitimate expenses for this step must be paid by the head honcho, not the worker.
2) Have your executive draft a set of responsibilities and occupation prerequisites for the position: This is a standout amongst the most vital parts of the methodology in light of the fact that these will be utilized to test the work market. The necessities ought to tag what level of training is obliged (Bachelor's, Master's, none, and so on.) and how long of experience are needed. 

3) Guarantee you meet the prerequisites recorded in the set of expectations: To enough test the employment showcase and guarantee that your case will be sanction, the candidate must be fit the bill for the occupation necessities set forward by the boss. 

4) Record a Prevailing Wage demand with DOL: The predominating pay is the lowest pay permitted by law that the superintendent must pay the representative once he or she gets the green card. The predominating pay is dictated by the particular occupation necessities, obligations of the position, and additionally area of the position. To focus the predominating wage, the superintendent can record Form 9141 online or visit the Online Wage Library.

5) Make a record for the manager with DOL: To record the work affirmation on the web, the superintendent must make a record at plc.doleta.gov. To make a record, the boss must pick a username and secret key, fill in the organization data, and assign a contact individual. In the event that your movement lawyer will be recording the application, the manager must make a sub-represent the lawyer with his or her data. 
  • Making a record could be possible while sitting tight for the predominating compensation determination and before any notices are run. Permit additional time for this to be set up in light of the fact that DOL may need to check that the superintendent name and data matches the government Employer Identification Number. 

6) Run the compulsory commercials: There are three required manifestations of recruitment that a business must run for each one case: 
  • Inside posting notice — The executive must post a notice of the employment opportunity in an arresting area in the working environment. It ought to contain the set of expectations, prerequisites, and data in regards to how to seek the employment. This must be posted for no less than ten business days when the executive is open for business. 
  • Two Sunday daily paper ads — The manager must post a notice in two Sunday versions of a daily paper of general course in the geographic range of employment. The commercials should by and large illuminate candidates of the opening for work, the essential necessities, and how to apply. It require exclude a full depiction of the occupation, nor the compensation. On the off chance that it does incorporate the pay, that pay must meet or be more prominent than the predominating pay. 
  • Promotion with the state workforce organization — This ought to contain the set of expectations, employment necessities, and data in regards to how to request the occupation. It may likewise need to incorporate other data that is needed by the particular state workforce org. 
7) Run extra commercials (if necessary): In the event that the occupation is an expert employment — characterized by DOL Appendix A, found at this site — or requires at any rate a Bachelor's degree, the boss must run three extra ads out of a conceivable ten systems. A rundown of the ten extra ad systems are given in the regulations at 20 CFR 656.17(e)(1)(i)(4)(ii) and can be found here. 

8) Finish all recruitment in 180 days and watch the 30 day calm period: The regulations express that recruitment must be finished in 180 days. Also, the work affirmation application can't be recorded short of what 30 days after the last notice. This implies that you must record the work affirmation application inside 180 days from the first ad, and more than 30 days after the last commercial. 

9) Confirm that no qualified, willing, and capable US laborers requisitioned the position: For all resumes got, the superintendent (and not the migration lawyer) must consider whether the candidate meets the prerequisites as publicized in the recruitment strategies above. On the off chance that a candidate is not demonstrated to be qualified by the experience and instruction indicated on the resume, no activity is required. In the event that a candidate seems qualified, the boss must endeavor to contact the candidate to figure out whether there is a target motivation behind why the candidate is not fit the bill for the position. All purposes behind such exclusion must be reported. At the point when completed, complete structure ETA 9089 and submit the application through the manager's record with DOL. 

10) Have your manager answer the overview sent by DOL: Not long after the ETA 9089 is documented, DOL will email the boss a four inquiry review to check that the business still expects to support the representative for a work confirmation. In the event that DOL does not get the reaction inside one week, it won't acknowledge the work confirmation applicat.


Part - 2 :  Navigating Form I-140

1) Comprehend the general prerequisites for Form I-140: After the work certificate is endorsed, the superintendent must document Form I-140 with the US Citizenship and Immigration Service (USCIS). This application will demonstrate to migration that the work accreditation has been affirmed by DOL, that the representative has an unequivocal offer of occupation at the supporting business, and that the manager has the budgetary capacity to pay the proffered pay. 

2) Sign the confirmed ETA 9089: The executive must sign the first ETA 9089 that is affirmed by the DOL and incorporate it with the I-140 application parcel. 

3) Demonstrate the boss' money related capacity to pay the proffered salary: The executive may secure its capacity to pay the proffered compensation with one of the accompanying: 
  • Yearly report 
  • Government expense form 
  • Examined budgetary articulations 
  • Note: Employers with in excess of 100 representatives may decide to submit a budgetary articulation to demonstrate the capacity to pay, yet ought to give one of the three archives recorded above, if conceivable. Criteria for capacity to pay can likewise be fulfilled by one of the accompanying: 
  • Net pay — if net pay is more noteworthy than the proffered compensation 
  • Net current resources — if business net current resources are more prominent than the proffered compensation 
  • Job of the outside national — if the manager is as of now paying the remote national the proffer.
4) Have the superintendent issue an offer of livelihood letter: The letter must be printed on the business' official letterhead and marked by somebody qualified to settle on enlisting choices for the organization. The letter ought to express that the head honcho means to contract the outside national once he or she gets a green card, and ought to incorporate the occupation position, pay, and employment obligations drafted prior. 

5) Document Form I-140 with USCIS: You may have the capacity to document Form I-140 online. Include a check for the documenting expense of $580 and any supporting reports.

Part - 3 :  Accomplishing an Adjustment of Status


When Form I-140 is affirmed, the outside national may seek a green card through an alteration of status (if show in the US) or through a US Embassy or Consulate abroad (if not introduce in the US). The outside national can request a green card if there is at present a green card accessible. This can be controlled by the current Department of State (DOS) visa bulletin.

1) Figure out whether there is a green card accessible by checking the DOS visa release: Whether a green card is accessible is controlled by 1) the date the work affirmation was documented (known as the "Need Date"); 2) the occupation's "Inclination Category"; and 3) the outside national's nation of nationality. On the off chance that the need date is present for the remote national's inclination classification and nation of nationality (checked by a "c"), or the need date is after the date recorded on the visa release, the outside national may request a green card. 
  • An occupation that obliges a Master's degree or a Bachelor's degree in addition to five years of experience will put the outside national in the EB-2 inclination class. 
  • All different occupations with lesser necessities will put the outside national in the EB-3 inclination classification. 
  • The DOS visa announcement is found here and is overhauled every month.
2) In the event that the remote national is exhibit in the United States in substantial migration status, document for a "Modification of Status" with USCIS by means of Form I-485. Furthermore, submit these archives or pass these necessity for proceeded with qualification: 
  • Request a work approval and development parole archive. Having Form I-485 pending permits the remote national to record Form I-765 and Form I-131, individually. 
  • Acquire a restorative exam by a common specialist endorsed by USCIS. A rundown of common specialists can be found here. 
  • Incorporate a check for the legislature recording expense of $1,070 
  • Incorporate a duplicate of your travel permit, visa, I-94 card, and any USCIS approbation takes note. Likewise incorporate a duplicate of your introduction to the world testament. 
  • You may seek a green card for your life partner and youngsters under age 21. To do along these lines, record a structure each for your mate and youngsters under age 21 with their supporting reports. Incorporate a duplicate of your marriage endorsement.
3) On the off chance that the remote national is not exhibit in the United States, go to an arrangement at a US Embassy or Consulate abroad and acquire a worker visa. You will be permitted to enter the US with that visa and afterward will be sent your green card a couple of weeks after the fact. 
  • Send unique reports to the National Visa Center. A rundown of obliged archives will be sent to the candidate with directions. 
  • Record Form DS-260 on the web. This structure and its directions can be gotten to here.

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