Individual Immigration

PERMANENT WORKERS (GREEN CARD). This process allows US employers (could be an individual, corporation, family or virtually any entity) to hire a foreign worker to work permanently in the United States.

1. PERM (Program Electronic Review Management)/Labor Certification. The application is filed with the Department of Labor (DOL) online after the employer has conducted a thorough recruitment with approved places of publications by the DOL depending on the type of job as described by the US employer. The certification/approval by the DOL of the application is its notification to USCIS that there are no qualified U.S. workers able, willing and available to accept the job at the prevailing wage rate as determined by the government for the position and job location. The date the PERM application is filed officially sets the Immigrant Visa "Priority Date" which is basically the foreign national's place in line for an immigrant visa number.

2. Immigrant Visa Petition. After the DOL certifies the PERM application, the next step is to file an immigrant visa petition with the US Citizenship and Immigration Services (USCIS). By filing this application, the US employer is attesting that it was not able to find US workers (US Citizens or Lawful Permanent Residents) willing and able to fill the position and that it has identified a foreign worker who has met any/all requirements to fill the position as of the filing date of the PERM application. The employer also must show that it has the financial ability to pay the wage offered by providing copies of its tax returns, annual financial reports, etc.

3. Adjustment of Status or Consular Processing. This is usually the final step of an immigration visa petition and can only be undertaken if an immigrant visa number is available for the foreign worker's priority date. If the foreign worker is in the United States, the application to "adjust/change" status is filed with the USCIS. If the foreign worker resides outside of the United States or if in the USA but is found to be "ineligible" to adjust status in the USA, the foreign worker would have to apply for his/her immigrant visa at the US Embassy or Consulate in the foreign worker's country of nationality or last foreign address.