NURSES

Obtaining Permanent Residency or Green Card

There are three steps to obtaining a green card through employment:

Step One: Labor Certification: Labor certification requires the employer to prove that no U.S. worker is ready, able, or qualified for the job. This entails advertising the position in national journals and evaluating all resumes submitted, a process that can be very time consuming. Reduction in recruitment is a relatively recent innovation from the Labor Department that reduces processing time for employers. PLEASE NOTE NURSING IS ONE OF THE FEW PROFESSIONS THAT DOES NOT REQUIRE LABOR CERTIFICATION TO BE FILED BEFORE APPLYING FOR I-140. THE PETITIONER HIRING NURSES ON A PERMANENT BASIS CAN DIRECTLY APPLY FOR I-140 PETITION.

Step Two: I-140 Filing. In the I-140 petition, the employer must demonstrate it has the financial ability to pay the worker’s salary and establish that the employment is full-time with no definite termination date. Documents concerning the worker’s education and work experience must be attached to the petition.

Step Three: Once the visa petition is approved, and the worker’s priority date is current, the worker and his family may apply for a permanent residence. This can be done either at the INS Regional Service Center having jurisdiction over the person’s place of residence or at an U.S. Consulate in his/her home country. When an application is made to INS in the USA, the process is known as Adjustment of Status. When it is made, abroad it is called an application for immigrant visa.

Immigration laws change constantly and require regular updates. The information provided above is general in nature, if you need specific information on any of the topics discussed you must contact our office.

For further information, send your query to Aparna Davé.