Employment-based green card applications require several key documents, including a valid job offer letter, Form I-140 (Immigrant Petition for Alien Worker) approved by USCIS, and evidence of the applicant's qualifications such as educational diplomas and professional licenses. Proof of lawful entry and maintenance of status in the U.S., along with a completed Form I-485 (Adjustment of Status), is essential. Supporting documents like birth certificates, passport copies, and medical examination reports must also be submitted to complete the application package.
What Documents Are Required for Employment-Based Green Card Application?
| Number | Name | Description |
|---|---|---|
| 1 | PERM Labor Certification | The PERM Labor Certification requires the employer to submit proof of recruitment efforts and demonstrate that no qualified U.S. workers are available for the position, including detailed job descriptions, wage offers, and recruitment reports. Essential documents include the ETA Form 9089, prevailing wage determination from the Department of Labor, and evidence of lawful recruitment steps in compliance with DOL regulations. |
| 2 | I-140 Petition Approval Notice | The I-140 Petition Approval Notice (Form I-797) is a critical document required for employment-based green card applications, serving as official proof that the immigrant petition filed by the employer has been approved by U.S. Citizenship and Immigration Services (USCIS). This approval confirms eligibility to proceed with the green card process and is necessary for filing the subsequent adjustment of status or consular processing applications. |
| 3 | I-485 Supplement J | The I-485 Supplement J form confirms the job offer for an employment-based green card application and verifies that the petitioner intends to employ the applicant in the same or similar occupational classification. Required along with Form I-485, this document is crucial for demonstrating the validity of the employment offer in adjustment of status cases. |
| 4 | EAD (Employment Authorization Document) Combo Card | The Employment Authorization Document (EAD) Combo Card, officially known as Form I-766, serves as proof of work authorization and also functions as an advance parole travel document for employment-based green card applicants. Key documents required to apply for an EAD Combo Card include the approved Form I-140 Immigrant Petition, a completed Form I-765 Application for Employment Authorization, Form I-485 Application to Register Permanent Residence or Adjust Status, valid identification such as a passport or birth certificate, and the filing fee or fee waiver request. |
| 5 | Wage Determination RFI (Request for Information) | Employment-based green card applications require submission of a Wage Determination Request for Information (RFI) to confirm that the offered wage meets the prevailing wage standards set by the Department of Labor. This documentation includes the prevailing wage determination, proof of recruitment efforts, and responses to RFI inquiries ensuring compliance with labor certification requirements. |
| 6 | Priority Date Transfer Letter | The Priority Date Transfer Letter is essential for transferring an approved priority date from a previous employment-based green card petition to a new one, ensuring the applicant retains their place in the visa queue. Alongside this letter, applicants must submit a valid passport, I-140 approval notice, proof of lawful status, labor certification, and employment verification letters to complete the employment-based green card application. |
| 7 | I-693 Sealed Medical Exam Report | The I-693 Sealed Medical Exam Report is a crucial document required for employment-based green card applications, verifying the applicant's medical fitness and ensuring compliance with public health standards. It must be completed by a USCIS-approved civil surgeon and submitted in a sealed envelope as part of the Form I-485, Application to Register Permanent Residence or Adjust Status. |
| 8 | Experience Letter with Duties Breakdown | An Experience Letter with a detailed Duties Breakdown is essential for an employment-based green card application as it validates the applicant's job roles, responsibilities, and duration of employment, supporting the claimed professional experience. This document must be issued by the employer on official letterhead, clearly outlining specific duties performed to demonstrate qualification for the relevant employment category under USCIS guidelines. |
| 9 | Employer Financial Viability Documentation | Employer financial viability documentation for employment-based green card applications includes recent federal tax returns, audited financial statements, and annual reports, demonstrating the employer's ability to pay the offered wage. Payroll records, bank statements, and profit and loss statements further substantiate the employer's ongoing financial stability and compliance with wage obligations. |
| 10 | Remote Work Evidence/Policy for PERM Compliance | Employment-based green card applications require detailed documentation including a formal remote work policy that aligns with Department of Labor PERM regulations, demonstrating that remote work arrangements do not affect prevailing wage determinations or job location standards. Employers must provide evidence such as written remote work policies, telecommuting agreements, and records of employee remote work locations to ensure compliance with PERM requirements and prevent audits or denials. |
Overview of Employment-Based Green Card Process
What documents are required for an employment-based green card application? Employment-based green card applicants must provide a variety of documents to verify their eligibility, including proof of job offer, labor certification, and valid identification. These documents support the steps in the green card process, ensuring compliance with U.S. immigration laws.
What is the overview of the employment-based green card process? The process generally begins with the employer filing a PERM labor certification with the Department of Labor, followed by the submission of Form I-140, Immigrant Petition for Alien Worker, to U.S. Citizenship and Immigration Services. After approval, the applicant files Form I-485, Application to Register Permanent Residence, accompanied by required supporting documents, completing the journey toward permanent residency.
General Eligibility Criteria for Applicants
Employment-based green card applications require specific documentation to meet eligibility criteria. These documents verify your qualifications and ability to work legally in the United States.
- Proof of Employment Offer - A valid job offer letter or contract from a U.S. employer is necessary to demonstrate employment intent.
- Labor Certification - The PERM labor certification approved by the Department of Labor confirms no qualified U.S. workers are available for the position.
- Evidence of Qualifications - Academic degrees, professional licenses, and work experience documents verify your eligibility for the job category.
Meeting these general eligibility criteria ensures your application complies with USCIS requirements for employment-based green cards.
Employer Sponsorship Documentation
Employer sponsorship is a critical component of the employment-based green card application process. Proper documentation from the employer ensures the petition meets U.S. Citizenship and Immigration Services (USCIS) requirements.
- Form I-140, Immigrant Petition for Alien Worker - The employer must file this form to demonstrate the job offer and the employee's qualifications.
- Labor Certification (PERM) - This document certifies that there are no qualified U.S. workers available for the position and that hiring a foreign worker will not negatively affect wages or working conditions.
- Proof of Employer's Ability to Pay - The employer must provide financial evidence, such as tax returns or annual reports, showing the capability to pay the offered wage.
Labor Certification (PERM) Requirements
The Labor Certification (PERM) is a mandatory step in the employment-based green card process, demonstrating that no qualified U.S. workers are available for the offered position. Applicants must submit Form ETA 9089 along with evidence of recruitment efforts and prevailing wage determinations issued by the Department of Labor. Proper documentation ensures compliance with regulatory requirements and validates that the employment of a foreign worker will not adversely affect the wages and working conditions of U.S. workers.
Form I-140: Immigrant Petition Documentation
Form I-140, Immigrant Petition for Alien Worker, is a critical document in the employment-based green card application process. It establishes the petitioner's intent to employ the beneficiary in the United States.
Supporting evidence includes proof of the employer's ability to pay the offered wage and documentation confirming the beneficiary's qualifications. Accurate submission of Form I-140 and accompanying materials influences the approval of the employment-based green card petition.
Proof of Professional Qualifications and Credentials
Employment-based green card applications require strong proof of professional qualifications and credentials to establish eligibility. Your submission must include diplomas, transcripts, professional licenses, and certifications relevant to your occupation. Detailed letters of recommendation and records of professional experience also enhance the credibility of your qualifications.
Evidence of Current Employment Status
Evidence of your current employment status is crucial for an employment-based green card application. Proper documentation verifies your eligibility and supports your petition.
- Recent Pay Stubs - Provide the most recent pay stubs to demonstrate ongoing employment and consistent income.
- Employment Verification Letter - A letter from your employer confirming your position, job duties, and duration of employment.
- Tax Returns and W-2 Forms - Submit your federal tax returns and W-2 forms as proof of reported income and lawful employment.
Supporting Documents for Adjustment of Status (Form I-485)
Supporting documents for Adjustment of Status (Form I-485) are essential for a successful employment-based green card application. These documents verify identity, eligibility, and admissibility.
Commonly required documents include a passport, birth certificate, and employment verification letters. Medical examination results and Form I-94, Arrival/Departure Record, are also necessary.
Financial Documentation and Affidavit of Support
| Document Type | Description | Purpose |
|---|---|---|
| Financial Documentation | Includes pay stubs, tax returns, W-2 forms, and evidence of employer's ability to pay the offered wage. These documents demonstrate stable income and financial capacity related to the employment offer. | Verifies that the employment-based green card applicant and sponsoring employer meet financial requirements set by USCIS to ensure the applicant will not become a public charge. |
| Affidavit of Support (Form I-864) | A sworn statement from the employer or sponsor affirming financial responsibility. It requires submission of proof of income, bank statements, and sometimes evidence of assets if income alone is insufficient. | Legally binds the sponsor to support the applicant financially, confirming sufficient resources to maintain the applicant above the poverty line as defined by the Department of Health and Human Services. |
What Documents Are Required for Employment-Based Green Card Application? Infographic
