If you want to become an immigrant based on the fact that you have a permanent employment opportunity in the United States, or if you are an employer that wants to sponsor someone for lawful permanent residency based on permanent employment in the United States, you must go through a multi-step process.
First, most employment categories require that the U.S. employer complete a labor certification request (PERM) for the applicant, and submit it to the Department of Labor. The request must show that there are no suitably qualified US workers available.
Petition for Alien Relative
Second, USCIS must approve an immigrant visa petition, Form I-140, Petition for Alien Worker, for the person wishing to immigrate to the United States. The employer wishing to bring the applicant to the United States to work permanently files this petition. However, if a Department of Labor certification is needed the application can only be filed after the certification is granted. The employer acts as the sponsor (or petitioner) for the applicant (or beneficiary) who wants to live and work on a permanent basis in the United States.
Waiting for Preference Category to become current
Third, the beneficiary must wait until a visa number is available, which may take many years for certain categories.
Adjustment of Status
Fourth, the beneficiary must apply to adjust to permanent resident status after a visa number becomes available.A If the applicant is outside the United States when an immigrant visa number becomes available, he or she will be notified and must complete the process at his or her local U.S. consulate office.
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