STAGE 1: Labor Certification (Department of Labor)

Start

• Employee, with manager's assistance, forwards to HILG information necessary to begin the case.

Work-up

• Employee's information and documents are reviewed and organized.
• Attorney performs legal analysis and develops case strategy.
• First draft of job notice is sent to employee and manager for approval.
• HILG exchanges drafts and consults with the employee and Human Resources Department, and manager until the Human Resources and Manager approves a final job notice.

Preparation

Once the job notice is approved,

• Obtain job/wage classification from SWA (State Workforce Agency) (4-8 weeks).
• Obtain evaluation of academic degree (if necessary).
• Once prevailing wage is received, initiate internal company posting and obtain confirmation (3 weeks).
• Employer conducts recruitment (30 days must expire after the required requirement before the application can be filed)
• Employer provides recruitment results to HILG
• HILG assembles recruitment documentation package to be maintained according to PERM.
• Help employee draft and obtain reference letters.
• Prepare final form for employee and company.
• Prepare company's recruitment letter.· Final check of all documents and letters.
• Labor certification application form is filed with DOL.

DOL (Department of Labor)

• DOL reviews and adjudicates the labor certification
• If approved, DOL returns the application to be signed by the employer and the employee

 

STAGE 2: Company I-140 Petition (CIS)

Preparation

Once the labor certification is approved, HILG will:

• Prepare forms for company.
• Assist in preparing the company's employment letter.
• Obtain final forms and letter signed by company.
• Final check of all documents, forms, and letters.
• I-140 application is filed with CIS.

CIS

• CIS examines position requirements, determines if applicant meets all requirements, and assigns applicant a preference category.
• I-140 application is adjudicated by CIS.

 

STAGE 3: Employee I-485 Adjustment of Status Application (CIS)

Advance

• If not eligible to file with the I-140, HILG tracks priority dates of cases subject to quota.

Preparation

Once an employee has a current priority date, HILG will:

• Provide final advice to employee to gather required documents and medical exam.
• Prepare final forms for employee and company.
• Get final forms signed by employee.
• Assemble package with all documentation.
• Final check of all documents, forms, and letters.
• File I-485 and requests for advance parole and employment authorization documents.

Advance Parole (AP - travel permission)

• AP (advance parole) approved and received.
• Employee and dependents can now travel outside the US

Employment Authorization Document (EAD)

• EADs approved and received for employee and dependents.
• Employee's dependents are now authorized to work in the United States

I-485 approved

• Employee and dependents are now permanent residents.