There are 3 general steps in the application process for lawful permanent residence for skilled workers. The first two steps must be initiated by your potential employer, and the last step by you and your accompanying relatives. The application procedures may be carried out either within the US at a USCIS office, or abroad at the U.S. consulate of your country of residence.
1.
The first step involves your employer who files for a Labor Certification on your behalf. The reason that you are required to do this is so that the United States Government can confirm that there are no qualified United States citizens available and willing to take the specific job that has been offered and that the working conditions and wages offered for the position will not have an adverse effect on the United States labor market. Therefore, you will be working with both the USCIS and the Department of Labor on this application.
2.
If the Labor Certification is approved, you will then have to prove that you are qualified for this particular visa. Your employer will then file an Immigrant Petition for the Alien Worker (Form I-140).
3.
If the Petition is approved, you will then file a formal request for lawful permanent residency or a green card application. This process can take place from the Country of Residence at the US consulate or from within the United States (Form I-485).
There are several factors that could impact the time it takes for the application to be approved. These factors may include, but may not be limited to: (a)Using the correct procedures when filing each type of application; and (b) quota availability. For example quotas are set by both visa type and by country, so, the country you were born in can also impact your timing.
