Green Card Processing - General Information : Federal law allows an alien to apply for an immigrant visa after he or she has obtained a permanent job with a U.S. employer. In order to secure permanent employment, the alien must, by and through the employer, undergo the lengthy, complicated process of alien labor certification. This process may take a year or more to complete, and is designed to protect the employment rights and wages of U.S. workers. The law strictly requires the employer to demonstrate that a valid offer for the alien's position has been offered to U.S. workers, and that qualified U.S. workers are not available and/or are unwilling to accept employment in that position.

4. Within 45 days after the recruitment period ends, the employer must report the results of its recruitment effort to the state DOL office. In the report, the employer must state:

1. a. The number of U.S. workers responding to the recruitment; and
2. b. The specific reason(s) why each U.S. worker was not hired for the position.

5. The state DOL then forwards all material to the DOL Regional Office.

6. The Regional Certifying Officer revises all material. If the Certifying Officer finds that all procedures were correctly followed and that no U.S. worker was available for the position, the job will be certified. If certification is denied, the applicant can appeal the decision. The employer cannot initiate labor certification for the same job for six months from the date of denial. Alien employment certification is the necessary prerequisite for applying for permanent residence.

7. After certification, the alien files an I-140 visa petition with the Immigration and Naturalization Service (INS) at the appropriate Regional Service Center. Once the I-140 petition is approved, the alien's final immigration processing may begin. Final processing may occur either in the United States or, if the alien is processing abroad, at an appropriate U.S consulate.