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Foreign nationals holding temporary work visas (H-1B
visas) are eligible to obtain permanent residency (Green Card) in the
United States through their employment. Permanent residency is a 3 step
process that may take up to 5 years depending upon the foreign nationals’
employment category and INS processing speed. Note: 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.
Labor certification Form ETA 750
The U.S. employer completes a labor certification
request (Form ETA 750) for the applicant and submits it to the Department
of Labor's Employment and Training Administration.
Immigrant VISA Petition for Alien Worker Form I-140
Once certification is granted by the Department
of Labor, the employer files a petition on behalf of the worker.
The Immigration and Naturalization Service must approve the immigrant
visa petition, Form I-140, Petition for Alien Worker, for the person
wishing to immigrate to the United States.
Adjust to permanent resident status Form I-485
If the applicant is already in the United
States, he or she must apply by filing Form I-485, Application To
Register Permanent Residence or Adjust Status, to change to permanent
resident status after a visa number becomes available. 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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