In most cases where you are sponsored for permanent residence by your employer, you will need to obtain a labor certification, a process that takes several steps. In the first step, the employer files a labor certification application with the Department of Labor (DOL). Once that is approved, the employer files a visa petition and the employee files an application for permanent residence.

I. Labor Certification Application
The purpose of the application is to show that there are no US workers ready, willing, able and qualified to take the position being offered the employee, and that the terms of employment will not harm other US workers. To do this, the employer must:

1. Offer the prevailing wage, as determined by the DOL for that occupation. Depending on the requirements of the position, the occupation will be rated either Level I (entry level) or II (advanced), with corresponding prevailing wages.

2. Test the labor market, by running a three-day ad (including Sunday) in a newspaper of general circulation (or an ad in a professional journal, depending on the position), posting two internal job notices, and having a notice placed in the local State Workforce Agency job bank. During the 30-day recruitment period, all applicants will be reviewed and interviewed to determine if there are any US workers who are qualified and interested in the job.

In describing the position, two things must be kept in mind: (1) the requirements for the position cannot be overly restrictive, and (2) the employee must meet the requirements, generally with experience from outside the employer.

Normally the recruitment is supervised by the State Workforce Agency after submitting the LC application, but for certain designated positions or where there has been a pattern of prior recruitment, the testing of the labor market may be completed before filing the labor certification application in what is known as “Reduction in Recruitment” (RIR). Normally this is faster than supervised recruitment.

II. I-140 Visa Petition
Once the labor certification application is approved, the employer files the visa petition (form I-140) to calssify the employee as an immigrant. At this point, the employer is required to show the ability to pay the prevailing wage from the time the LC was filed. This is important to keep in mind if the alien is not already employed.

III. I-485 Application for Permanent Residence/Immigrant Visa Processing
Once the visa petition is approved, the employee applies for permanent residence, either through the consulate abroad or with Citizenship and Immigration Services in the United States. If in the United States, it is possible to file the I-140 petition and the application for permanent residence together. Once the I-485 application for permanent residence is filed, the employee is eligible for a work permit.

The employee’s spouse and unmarried children under 21 are also eligible to apply for permanent residence, whether they are in the United States or abroad. If they are in the United States, they are eligible for work permits as well.

If the alien is in valid nonimmigrant status at the time of filing for adjustment, he or she may travel. H and L status holders may travel on those visas as long as they have the I-485 receipt with them. All others must apply for advance parole.