Transitioning from an L1B visa—a non-immigrant visa that allows specialized knowledge professionals to work in the United States—to a green card can be complicated. The Permanent Labor Certification Program (PERM) is the typical path for those on an L1B visa. The PERM process involves critical steps and key players, including your employer and immigration attorney.
Step 1: Initiation by the Employer
The journey from an L1B visa to a green card via the PERM process begins with your employer. To initiate this process, your employer must demonstrate a commitment to sponsoring your green card application. This involves agreeing to undertake the labor certification process and other necessary steps, such as proving that no qualified U.S. workers are available for the position you are being offered. The employer must adhere to strict Department of Labor regulations, including conducting a series of recruitment efforts to test the U.S. job market and ensuring that the job offered to you meets prevailing wage standards. This foundational step is crucial, as the employer’s willingness to sponsor and navigate these complex requirements directly impacts the success of your green card application.
Step 2: Labor Certification
In the PERM process, the Labor Certification step is pivotal as it ensures that employing a foreign worker will not adversely affect the job opportunities, wages, or working conditions of U.S. workers in similar roles. The employer must first define the job requirements and responsibilities, ensuring they are necessary and relevant to the position. Then, the Department of Labor (DOL) requires the employer to determine the prevailing wage for the job, the average wage paid to similarly employed workers in the area. Following this, the employer must undertake a rigorous recruitment and advertising campaign to demonstrate that no qualified U.S. workers are available for the job. This includes placing job ads in various media and interviewing potential U.S. candidates. Every step of the recruitment process must be meticulously documented to prove compliance with DOL regulations. If no qualified U.S. workers are found, the employer can file an ETA Form 9089, officially requesting labor certification for the foreign worker.
Step 3: Filing of Form ETA-9089
After completing the recruitment process and establishing that no qualified U.S. worker is available, the employer can file Form ETA-9089. This form, the Application for Permanent Employment Certification, is a comprehensive document submitted to the Department of Labor (DOL). It details the job requirements, the recruitment efforts undertaken, and the results of these efforts. The employer must include specific information about the job, such as duties, minimum education and experience requirements, and the prevailing wage determination. Additionally, the form must provide evidence of the recruitment activities, including copies of job advertisements, records of interviews conducted, and reasons for rejecting U.S. applicants. This meticulous documentation demonstrates the employer’s compliance with DOL regulations and their genuine effort to find a qualified U.S. worker. Once submitted, the DOL reviews the application to ensure all regulatory criteria have been met before granting labor certification, allowing the employer to move forward with the green card application process for the foreign worker.
Step 4: I-140, Immigrant Petition for Alien Worker
Once the Department of Labor approves the ETA-9089 form, the employer can file Form I-140, Immigrant Petition for Alien Worker, with the United States Citizenship and Immigration Services (USCIS). This crucial step involves demonstrating that the employer has the financial ability to pay the offered wage and is committed to sponsoring the foreign employee’s green card. The I-140 petition must include proof of the employer’s economic stability, such as tax returns, annual reports, or audited financial statements. Additionally, it should contain documentation verifying the foreign worker’s qualifications for the position, including educational credentials, work experience, and any required licenses or certifications. By submitting Form I-140, the employer affirms that the job offer is permanent and that the foreign worker meets all the specified requirements. The approval of this petition by USCIS not only confirms the validity of the job offer but moves the foreign worker one step closer to obtaining permanent residency in the United States.
Step 5: Adjustment of Status – Form I-485
The final step from an L1B visa to a green card is filing Form I-485, Application to Register Permanent Residence or Adjust Status. This step can only proceed when a visa number becomes available, which is determined by the applicant’s priority date and the availability of visas in their category, sometimes necessitating a wait. Form I-485 is submitted to USCIS and involves a thorough review of the applicant’s eligibility to adjust to permanent resident status. The application requires extensive documentation, including proof of lawful entry into the United States, employment verification, and evidence of continued eligibility for the green card category. Additionally, applicants must undergo a medical examination and submit results as part of the application. USCIS will also conduct background checks and may request an interview to verify the information provided. During this period, the applicant can apply for work authorization and travel documents to maintain employment and travel outside the U.S. while the application is pending. The approval of Form I-485 officially grants the applicant permanent resident status, culminating in issuing a green card and completing the adjustment of status process.
In Conclusion
In conclusion, transitioning from an L1B visa to a green card through the PERM process requires patience, meticulous documentation, and the active involvement of your employer. With the proper guidance and understanding of the process, the path to permanent residence in the United States can be navigated successfully. It’s advised to consult with an experienced immigration attorney to help guide you through this process and handle any potential complications.
Schedule a Consultation with an Immigration Lawyer
Citations
We Can Help!
You may have questions regarding the requirements for an L1B visa to get a green card. We invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
