To get a green card through employment, most alien workers have to apply for labor certification. Permanent labor certification or PERM allows an alien worker to permanently work and live in the United States. The alien’s intended employment has to be full-time.
Schedule a consultation with a New York PERM lawyer Valentini Law Offices, PLLC phone: (212) 213-8275 61 Broadway, Suite 2505, New York 10006 (by appointment only)
The first step of the process is certification by the Department of Labor (DOL) that there are no qualified US workers who are able, willing, qualified and available to accept that job at the prevailing wage. Additionally, the DOL has to certify that the intended employment of the alien worker must not adversely affect the wages and working conditions of US workers.
After labor certification goes through, the paperwork is filed with the USCIS. Then, if a priority date is current, an alien worker who is outside the US starts consular proceedings. If an alien worker is already in the US, he can go ahead and file his application for adjustment of status with USCIS.
Upon the successful conclusion of this complex multi-step process, an alien worker and his spouse and unmarried children under 21 receive lawful permanent resident status (green card). The Green card entitles an alien to virtually all the same rights as a US citizen. Four years and nine month after the alien worker’s green card was issued, the alien worker, his spouse and children are eligible to apply for US citizenship.
It is possible for a US employer to file a labor certification application for a prospective employee. However, the most common scenario is when the employer applies for an alien worker whom he is already employing.