Green Card Process for International Students in the U.S. – PERM,
I-140, and I-485 Stages
Let’s explore the path to obtaining a Green Card in the United States, focusing on the three key stages: PERM Labor Certification, I-140 Immigrant Petition, and I-485 Adjustment of Status.
Stage 1: PERM Labor Certification
Let's begin with the PERM Labor Certification. This is the first and often the most challenging step in the employment-based Green Card process. It involves your employer proving to the U.S. Department of Labor that there are no willing or qualified U.S. workers available for the job you are being offered. This process includes:
- Job Description and Requirements: Your employer must define the job’s duties and minimum requirements.
- Recruitment Process: They must conduct a recruitment campaign, including advertising the job, to test the labor market.
- Prevailing Wage Determination: The employer must obtain a prevailing wage determination from the Department of Labor to ensure you are paid at least the minimum wage for your role.
Once these steps are completed without finding suitable U.S. candidates, your employer can file the PERM application.
Stage 2: I-140 Immigrant Petition:
Upon approval of the PERM certification, we move to the second stage: filing the Form I-140, Immigrant Petition for Alien Worker. This is where your employer petitions USCIS on your behalf, demonstrating that:
- You Meet the Job Qualifications: Proof of your education, experience, and skills matching the job requirements.
- Ability to Pay: They must prove their financial ability to pay your offered wage.
Approval of the I-140 secures your place in line for a Green Card based on your priority date, which is typically the date your PERM application was filed.
Stage 3: I-485 Adjustment of Status
The final step is filing Form I-485, Adjustment of Status. This can be done once your priority date becomes current, as indicated in the Visa Bulletin. During this stage, you are applying to adjust your status from a non-immigrant to a permanent resident.
Key components include:
- Personal Documentation: Submitting forms with your personal information, background checks, and proof of legal entry into the U.S.
- Medical Examination: You must undergo a medical examination by a USCIS-approved doctor.
- Proof of Ability to Support Yourself: This might include job offer letters, financial statements, and other relevant documents.
Once the I-485 is approved, you will receive your Green Card, officially becoming a Lawful Permanent Resident of the United States.
Important notes: A special focus on how waiting times for the Green Card can vary based on your nationality.
In summary, the journey to a Green Card for international students in the U.S. involves meticulous planning and strict adherence to the legal procedures. Each stage - PERM Labor Certification, I-140 Immigrant Petition, and I-485 Adjustment of Status - plays a critical role in this process. Remember, patience and compliance with all requirements are key. Always consult with an immigration attorney for personalized guidance and support through this intricate process.
