Immigration Attorney
Services & Fees

How to obtain a Green Card (Permanent Residence) if you are "out of status" or "overstayed your visa"         Spanish

There are 3 steps to take to obtain a Green Card (Permanent Residence) through employer sponsorship.


Step 1: PERM Labor Certification
Step 2: I-140 Petition for Immigrant Worker
Step 3: I-485 Adjustment of Status Petition


Step 1: PERM Labor Certification:


• PERM Labor Certification first involves advertising the position to show that there are no qualified US workers that want the job.
  
  
• We will request information from the employer and worker that will allow us to prepare the PERM Petition.
  
  
• Once we receive the information, we file a request for the prevailing wage with the State Workforce Agency (SWA) and prepare the advertisement.
  
  
• Once we receive the prevailing wage from the SWA, we will forward the advertisement and instructions on when and where to run the ad.
  
  
• The advertising involves 2 Sundays in the major newspaper where the job is located, and a 30 day posting with the State Workforce Agency.
  
  
• We are required to wait 30 days after the 2nd Sunday ad or the end of the 30 day SWA Job Order before we can file the PERM petition. This 30 day period is called the recruitment period.
  
  
• The PERM Petition is filed online. The employer registers online and then sets up an attorney sub-account. We provide complete instructions and support.
  
  
• After the 30 day recruitment period ends, we will file the PERM Petition with the DOL (Department of Labor).
  
  
• It takes from 4 weeks to 6 months to receive the PERM Certification (Approval) from the DOL.

Step 2: I-140 Petition for Immigrant Worker:


• After the PERM Petition is approved, we will prepare and file the I-140 petition.
  
  
• The I-140 Petition is submitted to the USCIS with a copy of the worker's experience letter and copies of the employers 3 most recent company tax returns.
  
  
• The workers experience letter is required to prove that the worker has at least 2 years of work experience in the position offered, or a similar position, with a previous employer.
  
  
• The company's 3 years of federal tax return copies are required by the USCIS to prove that the employer has the ability to pay the salary offered.
  
  
• The USCIS fee is $195. Processing time is 2-4 months.
  
  
Step 3: I-485 Adjustment of Status Petition:


• The I-485 petition is the last step in the green card process. When the I-485 is approved by USCIS, you are a Permanent Resident of the United States of America.
  
  
• Workers that are out of status (expired I-94) must wait for an Amnesty, issued by the U.S. President. The last Amnesty, issued by President Clinton, ended on 4/31/2001.
  
  
• Immigration Reform is finally expected to be a major issue with Congress and the President in 2006.
  
  
• Congress has started to debate different bills. President Bush is expected to only sign a pro-immigration bill.
  
  
• By starting the process now, you will be able to complete the first 2 steps (PERM Labor Certification and I-140 Approval) in less than 8 months.
  
  
• With the I-140 approved, you will be eligible to apply for the I-485 Adjustment of Status petition as soon as an Amnesty is issued.
  
  
• You may also apply for a temporary work permit with the I-485 petition. The work permit allows you to apply for a social security # and work for any employer. The work permit is issued for 1 year at a time and can be renewed each year until the I-485 (green card) is approved.
  
  
• I-485 processing time is approx. 18 months. USCIS Filing fee is $395 or $575 with the work permit.
  
  
Frequently Asked Questions:


Question: Does my work experience letter(s) have to be in English?


• Answer: Yes, if the original is in a foreign language, we need copies of the Foreign Language letter as well as a Notarized English Translation. We can provide translation services if necessary.
  
  
Question: What if my employer does not have 3 years of federal income tax returns?


• Answer: The employer can submit copies of the 3 most recent years audited financial statements, or In a case where the prospective U.S. employer employs 100 or more workers, a statement from a financial officer of the organization which establishes ability to pay the wage may be submitted. In appropriate cases, additional evidence, such as profit/loss statements, bank account records, or personnel records, may be submitted.
  
  
Question: When will the President issue an amnesty?


• Answer: We do not know. We are hopeful that it will occur sometime in 2006.
  
  
Question: Why should I apply now? Why don't I just wait until the President issues an amnesty?


• Answer: By applying now, you benefit by short processing times and get the PERM Labor Certification and I-140 Petition approved quickly. If you wait until the amnesty is issued to start the process, you will be applying with thousands of other applicants and the processing times will be much longer.