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Most categories of immigrant employees will need a Permanent Labor Certification before they can apply for a Green Card. If you are an EB-1 worker or an EB-2 worker who qualifies for a national interest waiver, your employer will not need to file for a Permanent Labor Certification for you. Your employer is responsible for submitting the application and paying all application fees for your Permanent Labor Certification. The process of filing for Permanent Labor Certification is complex, and it may take several months to complete. Your employer can check the status of the application here: https://icert.doleta.gov/ After your employer obtains a Permanent Labor Certification for you (if applicable), the next step is for them to file an I-140 (Immigrant Petition for Alien Worker) form on your behalf. Depending on your circumstances, you may need to get your I-140 petition approved before you can apply for a Green Card. If there is no wait time for you to get your immigration visa, you can file your I-485 (Green Card application) and I-140 form at the same time. Work with your employer to ensure they have all the information they need to fill out the I-140 correctly (including your full name, country of citizenship and country of nationality, mailing address, Alien Registration Number, passport number, and I-94 Arrival-Departure Record Number). If you have any family members or dependents who will be immigrating with you, your employer will need to provide information about them on the I-140 as well. If you fall under a special immigrant category (e.g., if you are a religious worker, a Canal Zone employee, or a physician working under certain circumstances), your employer will need to file an I-360 form (Petition for Amerasian, Widow(er), or Special Immigrant) instead. I-140 processing time typically takes several months. However, most categories of immigrant workers can qualify for premium processing, which guarantees a processing time of 15 days. Premium processing requires an additional filing fee of $1,225 and the completion of an I-907 form. It is your responsibility to file the I-485 (Application to Register Permanent Residence). You must be physically present in the US and have an immigrant visa available to you immediately in order to file the I-485. The form is available for free from the USCIS website here: https://www.uscis.gov/i-485 Where you file the form will depend on your individual circumstances. Check the USCIS Direct Filing Addresses page here: https://www.uscis.gov/i-485-addresses The typical filing fee for employment-based applicants is $1,225 USD. Some employers may be willing to pay some or all of this fee for you. The wait time for getting your I-485 approved may vary depending on your immigrant status and which office is handling your case. If you are in the US and have paid your immigrant visa fee, processing time may take up to 120 days from the time of entry or the time of paying the fee. You can check typical I-485 processing times here: https://egov.uscis.gov/cris/processTimesDisplayInit.do. You will need to submit various documents along with your I-485 in order to support your application. These will vary depending on your circumstances and eligibility category, but may include: 2 passport-style color photos of yourself. A photocopy of a government-issued ID with a photograph (e.g., your passport). A photocopy of your birth certificate, or proof that no birth certificate is available. Copies of documents certifying that you were inspected by an immigration officer and admitted into the US. Documentation of your immigrant category. A copy of an official job offer from your employer. A form completed by a USCIS civil surgeon certifying that you do not have any medical conditions that would prevent you from being eligible to live in the US. Once you've submitted all of the appropriate fees and paperwork, you can check the status of your application online. Keep your filing receipts, as you will need the receipt number to look up your case. Check your status here: https://egov.uscis.gov/casestatus/landing.do If your application for a Green Card is denied, you may be able to submit an appeal to the USCIS Administrative Appeals Office (AAO). An appeal must be filed within 30 days of an unfavorable decision. To appeal, file a form I-290B (Notice of Appeal or Motion). In most cases, you will need to submit a $675 filing fee.
Find out if you need an Application for Permanent Labor Certification. Ask your employer to file an I-140 form for you. File a Form I-485 if you are already in the US. Submit any other applicable documents. Check the status of your application. File an appeal if your application is denied.