Prior to submitting an I-140 petition, an employer must apply for a permanent labor certification through the Department of Labor (DOL). This allows for an employer to hire a foreign worker to work permanently in the United States. The DOL will certify to U.S. Citizen and Immigration Services (USCIS), that there are not sufficient U.S. workers able, willing, and qualified to accept the job opportunity that is being offered to the foreign worker. Once the permanent labor certification is approved, the employer can file an I-140 petition. An I-140 petition is used to petition for an alien worker to become a permanent resident in the United States through USCIS. Within 180 days from the date your Labor Certification by the U.S. Department of Labor is approved, an employer must file an I-140 on your behalf. If your priority date is current when filing form I-140, then the beneficiary is eligible to concurrently file form I-485 (Adjustment of Status). Spouses and children (under 21 at the time of I-140 approval) are entitled to permanent residence through your employment based application.
» Complete an application for permanent employment certification, ETA 9089
» Complete Form I-140
» Provide a copy of approved labor certification
» Pay the filing fee of $580
» Provide proof of the petitioners financial responsibility to pay for the beneficiary’s wages
» Other documents may be required such as: letters from previous employers, degree certificates, qualification letters etc.
NOTE: The petitioner must demonstrate he/she has the ability to pay your wages specified in the labor certification from the time the priority date was established.
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