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Labor Certification and Immigrant Visa Processing
Often employers of foreign nationals on nonimmigrant visas, wish to assist these employees in obtaining permanent resident status, enabling them to permanently relocate to the US. To pursue permanent residence through employment, foreign nationals must have an employer who will submit labor certification and immigrant visa petitions on their behalf.

The process involves three steps and can take more than two years to complete. The first step, labor certification is required in the majority of cases. Labor Certification requires the employer to submit an application to the US DOL indicating that it has an opening in its company. More on Labor Certification

The second step in the process is immigrant visa processing. In this step the employer submits an application to the INS indicating its desire to sponsor the foreign national for permanent residence based upon the foreign national’s ability to fill the job opening at the company.

The third step in the process is an application by the employee for the actual permanent resident status. This application can be made through Adjustment of Status by submitting an application in the US, or through Consular Processing outside of the US. In Consular Processing, the employee returns to the US Consulate in their home country for their interview and visa processing.