There are four main ways to become a permanent resident of the United States: possession of a skill needed in the U.S., family relationships, admission as a refugee or asylee with later adjustment of status, and the Diversity Visa lottery. The focus here will be permanent residency based on an offer of permanent employment; the information presented will simply provide an overview of the process.

There are several steps to becoming a permanent resident (immigrant) to the United States based on possession of a skill needed in the U.S. Based on the credentials of the individual, the appropriate employment-based permanent resident category can be determined. The employer follows the necessary steps for the specific category in filing the employment-based petition.

Step 1 - Labor Certification

Note: Precertification Under the 1990 Immigration Act: Some preference categories do not require labor certification; for example, the first employment-based category for priority workers: extraordinary ability aliens, outstanding professors and researchers, and executives and managers; the fourth employment-based category: religious workers; and the fifth employment-based category: investors. Additionally, occupations listed on Schedule A do not require labor certification. For the categories indicated, the employer files an immigrant petition directly with USCIS.

Labor certificaton is required for the second employment-based category (aliens with advanced degrees in professional fields or exceptional ability in the sciences, arts or business).

Special Handling for College and University Teachers:

For college and university teachers, if the employer conducted a recruitment effort for the position, the results may be used for the labor certification as long as the recruitment followed Department of Labor guidelines for the competitive recruitment process. It is highly recommended that departments contact ISSP prior to beginning a recruitment. The labor certification based on the results of the recruitment effort must be filed with the Department of Labor within 18 months after the offer of employment.

Link to specific filing instructions on special handling labor certification

Standard Filing:

For non-teaching positions, the employer is required to conduct a recruitment effort to demonstrate that there are no available U.S. workers who meet the minimum qualifications for the position. Employers are required to obtain prevailing wage for the position; advertise the job according to prescribed Department of Labor guidelines for labor certification; and notify its current employees of the availability of the position. The recruitment effort must be fully documented with the results reported to the Department of Labor.

Link to specific filing instructions on standard filing labor certification

The employer files Form ETA 9089: Application for Alien Labor Certification. Only designated ISSP staff have been authorized by the Department of Labor to file labor certifications on behalf of Emory University. The results of the employer's recruitment effort must be kept on file in the ISSP office for a minimum of five years beyond the labor certification filing date.

The Department of Labor will review Form ETA 9089, submitted electronically, and will either approve, deny, or audit the request. If approved, the Department of Labor will then mail a hard copy of the certified ETA 9089 to ISSP.

For College and University Teachers, the employer is able to hire the most qualified person for the position, but for standard filings, if available U.S. workers who meet the minimum job requirements as advertised are located through the recruitment effort, the Department of Labor will deny the request for Labor Certification.

Step 2 - Filing the Immigrant Petition

Once labor certification has been obtained or as part of the precertification process, the employer files the immigrant petition. The form should be completed as instructed and must include:

Form I-140
Certified ETA 9089 (if applicable)
Supporting documentation
Application fee of $475.00

If an immigrant visa number is immediately available, the application to adjust status can be filed simultaneously with the Form I-140. If a visa number is not immediately available, the applicant must wait until his or her availability number has been reached before filing the application to adjust status.

If the immigrant petition is approved, the priority date for the immigrant visa will be on the Notice of Action. The priority date is the date that the application for labor certification was filed with the DOL. With precertified applications, the priority date is the date that the Form I-140 was received by USCIS.

Step 3 - Availability of visa

Wait for an immigrant visa number to become available. Check with the Visa Office in Washington, DC to find out what the current preference availability date is for your country. To get an approximate date of when a number will become available, count the number of months between the current availability date and your priority date. While waiting for a visa number, if the applicant wants to remain in the U.S., a valid non-immigrant status, such as H-1B, must be maintained.

Step 4 - Adjustment of Status Application

Once the priority date is reached and a visa number becomes available, the employee (and each dependent) files

Form I-485: Application for Permanent Residence and supporting documents (i.e. birth certificate, marriage license)
Form G-325A: Basic biographical information form (children under 14 need not file)
Two immigration photographs
Form I-693: Medical examination form
Form I-134: Affidavit of Financial Support
Documents as Evidence of Maintenance of Status (i.e. I-20IDs, IAP-66s, I-94)
Filing fee of $930.00 for each applicant 14 or older, $600 for each applicant under 14
Biometrics fee of $80 (only for those between the ages of 14 and 78)

If the applicant's authorization to work (H-1B) will expire before this point in the processing of the application, the employer may file for an extension of the H-1B. Instead of extending the H, the applicant and his or her dependents may file for employment authorization when the application for adjustment of status is filed. To apply, submit the following documents:

Completed Form I-765: Application for Employment Authorization
No additional filing fee
Two immigration photos

If an applicant and/or his or her dependents wish to travel while the I-485 is pending, it is recommended that they apply for advance parole when the application for employment authorized is filed. To apply, submit the following documents:

Completed Form I-131: Application for Travel Document
No additional filing fee
Two immigration photos

Filing the applications 1) Mail all forms to the USCIS service center having jurisdiction over your place of residence with applicable filing fees; 2) upon receipt of the application, a Notice of Action will be mailed to you; 3) an appointment for fingerprints will also be mailed; and finally, 4) a Notice of action approving the I-485 application with instructions. The instructions may require the individual to report to the district office of USCIS for an adjustment interview.

Step 5 - The Adjustment Interview

Take all required documents as requested by USCIS. The examiner will give temporary evidence of permanent residency and authorize employment with a stamp in the passport. The Alien Registration Card is mailed.

Basic Requirements for Adjustment of Status:

Must have entered the country legally; must have been "admitted" to the U.S.
Even if "admitted" to the U.S., cannot adjust status if admitted as an exchange visitor in the J nonimmigrant category who is subject to the two-year foreign residence requirement and has not fulfilled the requirement or received a waiver of it
Even if "admitted," cannot have engaged in employment in the U.S. without authorization
Cannot adjust status if currently (or previously has been) out of status. (For students, this means must have been a full-time student and must not have been convicted of any criminal offense in the U.S. or any foreign country.)
Must be "eligible" for immigration - must be an immediate relative of a U.S. citizen, a "special immigrant," or in one of the five "preferred" classes given priority for immigration
An immigrant visa must be immediately available
Must be "admissible" (or not "excludable"). There are grounds for exclusion from the U.S. - related to health; related to criminal, illegal or immoral conduct; related to political and national interest; economic grounds; and miscellaneous grounds.
The presence of certain negative factors can lend to a discretionary denial of an adjustment application even when all previously-stated requirements have been met, such as a long history of immigration violations or intent to apply for permanent residency while representing him or herself as a bona fide nonimmigrant ("Preconceived intent").