Permanent Residency Through Labor Certification Request Form: Fill & Download for Free

There are 3 steps to obtaining a Green Card through Employer Sponsorship:1) Labor Certification through the PERM process.2) I-140 Immigrant Petition for Alien Worker.3) I-485 Application to Register Permanent ResidenceThe U.S. employer requests a permanent labor certification by completing an Application for Permanent Employment Certification (“ETA Form 9089”).

THE ROYALS ARE COMING!? Does Prince Harry Need a Visa?Employment-Based VisasWith the rumors swirling that Prince Harry and Meghan Markle, the Duke and Duchess of Sussex, have resigned their royal duties to live part-time in the United States, will the Prince need a visa? As a British diplomat, Prince Harry can enter the United States on an A-1 visa; he should not use a B1/B2 Visitor Visa or the Visa Waiver Program. However, with the abdication of his royal duties, this will no longer be a viable option, especially if he plans to work and reside in the U.S. permanently. So, what are his other options?Option for a Temporary VisaOne option for Prince Harry is to apply for an O-1 visa based on his extraordinary ability in business. He founded the Invictus Games, which allow “the power of sport to inspire recovery, support rehabilitation and generate a wider understanding and respect for wounded, injured and sick Servicemen and women.” The games include wheelchair basketball, sitting volleyball, and indoor rowing. Prince Harry was inspired after a trip to the United States to attend The Warrior Games, where he “saw how the power of sport could help…in recovery—physically, psychologically, and socially.”The drawback with the O visa is that it is temporary in nature, and his initial stay will be granted for up to three years with each renewal in increments of 1 year. Prince Harry’s employment would be restricted to the profession and events for which his visa was granted.Lawful Permanent Resident StatusAnother option that does not expire is the EB-1 visa for extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Upon approval, Prince Harry would receive lawful permanent resident status (Greencard). This visa should be attainable for the Prince because of the successful creation of the Invictus Games. The first event was held in London, England, in 2014, and the second games were brought to Orlando, Florida. The opening ceremony was well-attended and included such dignitaries as former U.S. President George W. Bush and First Lady Michelle Obama. The 2020 games will be played this May in the Hague, Netherlands. Prince Harry remains active with the Invictus Games and is the Patron.If the Prince does not meet the strict requirements of First Preference EB-1, Prince Harry could also seek permanent resident status by applying for an EB-2 visa and filing a national interest waiver. In doing so, he is requesting that the Labor Certification be waived because it is in the interest of the United States. Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability (see above) and whose employment in the United States would greatly benefit the nation. Prince Harry may self-petition and does not need an employer to sponsor him. He may file his waiver directly with USCIS along with Form I-140, Petition for Alien Worker.If the aforementioned is not appealing, the royal Prince can pursue an EB-5 Immigrant Investor Program which affords permanent residence so long as the following criteria are met:An investment is made in a commercial enterprise that is based in the United StatesThe initial investment either totals $1,000,000 or $500,000 in a high-unemployment or rural area, otherwise known as a targeted employment areaThe investment includes a plan to either create or preserve at least ten permanent full-time jobs for qualified workers living in the United States within two yearsThe ten permanent full-time jobs are not given to the spouse or children of the investorDue to the backlog of the EB-5 cases and the fact that initially the applicant is only granted a conditional Greencard, this is not the ideal path for lawful permanent resident status.The easiest and fastest route is for the Duchess to sponsor her husband for the Greencard as an immediate relative. Prince Harry can adjust his status to lawful permanent residency if he is in the United States at the time the Duchess files the I-130 petition. In this category, he would be exempt from certain “bars”, such as unauthorized employment or overstaying his time of admission. The Prince can also work and travel while his adjustment application is pending by filing an I-765 Application for Work Authorization and I-131 Application for Advance Parole, respectively.THE ROYALS ARE COMING!? Does Prince Harry Need a Visa?It doesn’t appear that he needs to go back, but if he does she and the baby will come back for a visit too. They weren’t banished you know, they just moved and are no longer working royals.

Previous responses link to helpful information that explains how green card can be obtained from the legal standpoint and are much more precise than I will ever be, but let me describe my experience of going through employer sponsored green card application which is very similar to thousands of people who obtain EB-2 or EB-3 (employment-based green cards).First, I want to start by saying that in most cases you will have to be already on a visa (typically H1-B) that allows you to work in the U.S. at the time when your employer will petition for your green card. Also, typically if your employer decides to apply for your green card s/he will do so on the 4th-5th year of your H-1B so that there is enough time for you to receive EAD card (authorization to work) while your green card is pending.First step is PERM (Labor Certification Application). This is the hardest and the most time-consuming part (at least in my experience). This is where your employer has to basically prove that s/he cannot find a U.S. person for your job and you are that unicorn who can do it for the salary offered. Typically the employer will create a job post, advertise it for a few weeks and will have to interview american candidates to then “reject” them which will prove that you are the one. The trick here is to document everything because if you get RFE (request for evidence) the employer will have to provide detailed explanation as to why you were selected. The cost for PERM is mostly advertising plus salary your employer is paying HR and lawyers to go through recruitment. It usually takes 8 - 12 months for PERM to be approved. If you got RFE be prepared for a longer period of time.Second step is I-140 and I-485 application. These two applications can be filed concurrently if you priority date is current (meaning you don’t have to wait for others from your country to get their green cards before you get it). I-140 filing fee is around ~$700 but for additional ~$1,600 you can get it premium processed. Premium processing doesn’t mean you are more likely to be approved, it just means that it will be process in 2 weeks instead of 4–6 months. I-485 filing fee is around ~$1,700 and cannot be premium processed. It also takes 4–6 to be processed. There are a few other forms but these 3 steps are the most important ones.While you are waiting for your green card an EAD (authorization to work) will also be issued to you so you can continue working without interruption. Your employer will also have to pay attorney legal fees which heavily depend on the lawyer but in total should not exceed $15K - $18K.MOST IMPORTANTLY: before you even go through the application make sure you have all the documents needed for for I-140 and I-485. It is a pretty long list which includes things like you birth certificate, diploma, transcripts, etc. Make sure you have them all in your native language and translated in English. I’ve seen many people experiencing delays because they couldn’t gather documents for a long time. Do your homework and don’t rely on other people’s opinion 100%, not even mine. Always double check. It is YOUR green card and at the end of the day you will be the one getting or not getting it. So be empowered and know what you can do to become a permanent resident.