SOYOUWANNA GET A GREEN CARD?

2. GET YOUR EMPLOYER TO SPONSOR YOU

Of the three ways to get a green card that we do discuss, getting your employer to sponsor you is perhaps the most involved and complex. That's why we'll start with it - things will only get easier. But if you're already married or never win lotteries, this is the best option for you. We should warn you though, you're going to have to have an employer who cares enough about you working for him/her/it that he/she/it is willing to help you out. Most of the work in this process is going to be done by you, which you should emphasize to your employer, but at some points, you will need an employer's signature and also some access to hiring records. This kind of application for a green card consists of three steps: the Labor Certification Application, the Immigrant Petition, and the Adjustment of Status. A conservative estimate of the overall time frame is that the first step will take approximately six months, the second approximately three months, and the third approximately one year. These applications are processed on a regional basis, so these time estimates can vary widely across the United States. For instance, the delays will be greatest in California, Texas, and Florida - much lower in Iowa. If you want to make this easiest, go where immigrants ain't. But you should know that you can begin working after the first two steps are completed successfully.

The Labor Certification Application

The first step consists of the employer petitioning the U.S. Department of Labor ("DOL") for a labor certification, which is an official finding that (1) no U.S. workers can be found, at the time of filing the application and in the geographic area where the job exists, who are available, willing, and able to fill the position; and (2) that your employment will not "adversely affect" the wages and working conditions of similarly situated U.S. workers. Look, the government isn't interested in giving you a green card if it's going to put good old red-blooded Americans out of a job. Oh, and "adversely affect" means that the DOL won't spot you a certification if it thinks that your employer is paying you half of what American citizens are getting - that's bad for business. What do you think Ross Perot and all those freaks in Seattle were rioting about? Keeping people like you out of this labor market.

The certification is requested by your filing an application with the employment security agency in the state of your choice, which will then complete preliminary processing of the application before forwarding it to the appropriate regional office of the DOL. Let's not fool ourselves - when we say your "employer" files the application, that really means you do all the work and simply slide across a manager's desk for a signature.

The application consists of a two-part application form, Form ETA 750, which is six pages long. The first part of the form is a formal offer of employment to you, and must contain specific information about the duties and responsibilities of the job, and the minimum qualifications a person must have to perform the job adequately. The second part of the application is a statement of your qualifications. This part should contain details about your educational and work-related background.

Of the three steps of the application, this one is the most important. You may need to retain a local immigration specialist - a lawyer - to help you complete these forms. A successful application must strive to define a job that only you can do, without insulting the intelligence of DOL officials. Attorneys specialize in particular cities or states, so you must inquire locally, though you should not be surprised to pay as much as $1500 for this service. Yeah, it's steep, but it's really important to get this part right and, who knows, if your employer really wants you to have this job, maybe he/she will spring for the costs. In any event, you should definitely ask them if they are willing to chip in for a lawyer. The completed application needs to contain the aforementioned form, your résumé and educational transcripts, and some records of your employer's hiring practices.

Once the government receives this application, there are two ways in which it can test the proposition that there are insufficient U.S. workers available in your market (i.e., the state in which you are applying) who are interested in and willing to take the job. The first involves the government undertaking such a test, which is a process that can take up to three years and therefore may not be an option in all cases. The second is an accelerated track called "reduction in recruitment" (RIR) processing, which is given top priority by DOL and should take no more than six months. If you take this approach, your application will need to be filed with a packet of documents containing evidence of your employer's pattern of recruitment.

If your employer is willing to assist your application by providing some records of your hiring practices, then you can retain a local immigration specialist. That specialist will then be able to tell you more precisely what the documentation package should contain. Typically what is required is a declaration by the employer describing how he/she/it goes about hiring people for your position. For most employers, this might involve records of advertising for openings and then a specific history of each hiring, but some jobs involve hiring practices that are more repetitive and consistent, in which case the declaration could be relatively simple.

The Immigrant Petition

If the DOL rejects the petition for a labor certification, your application dies there. If it grants you a certification, then you can progress to the second step: the Immigrant Petition. This petition is filed with the INS (as opposed to the DOL), and is a relatively simple matter. Working with an attorney, you will need to fill out a Form I-140. Then with that form, send your labor certification you acquired and a check made out to the INS for $115. This process is very straightforward and does not require the work of a local specialist; any immigration attorney should be able to assist you for a very low fee - no more than $250. In fact, you may be able to complete it yourself, but why take the risk of screwing it up? The application is pro forma - since the DOL has already certified you - and the INS should take no longer than three months to process it. Once this petition is approved, you can apply for interim travel and work authorization, which are issued immediately, and will allow you to begin working for your employer right away.

The Adjustment of Status

The third step of the application is necessary only to secure a permanent adjustment of your status as a temporary worker or visiting student to a permanent resident. You again send an application, including a Form I-485 to the INS, with a check and the two previously acquired authorizations, and wait. While this process may take as long as a year, the delay is somewhat irrelevant since you will already be allowed to work in the interim work authorization. Although you may wish again to retain the assistance of a general immigration attorney, this step consists primarily of filling out more forms, which you can probably handle yourself.

Clearly the pivotal stage is the labor certification application; if it is approved, the rest of the process is essentially automatic. If your employer is willing to sponsor you, you may be able to get a very beneficial change to your employment status within as short a period as six months.