Permanent Residency Visa Process

OVERVIEW OF PERMANENT RESIDENCY PROCESS

The Permanent Resident Worker visa that is offered through the AWV program is an employment based immigrant visa authorized by the US Citizenship and Immigration Service (USCIS) to allow foreign nationals to legally and permanently work at a US Company in accordance with the Immigration and Nationality Act (INA), INA §203(b)(1), (2), and (3); and the United States Code, 8 USC §1152(b)(1), (2), and (3). After the US Company obtains Labor Certification from the Department of Labor, AWV provides complete assistance to the Company. In accordance with INA §212(a)(5)(A), and the Code of Federal Regulations (CFR), 20 CFR §656.2, as amended.

After a labor certification has been approved, the employment based visa application, Form I-140, is submitted to the US Citizenship and Immigration Service (USCIS) for approval in compliance with INA §204(b); 8 USC §1154(b); and 8 CFR §204.5(c). USCIS makes additional findings that the employer's need for the Worker exists, the employer has the ability to pay the Worker, and the Worker is able to perform the job satisfactorily based upon the requirements of the position. After approval by the USCIS, application is made with the US Consulate Overseas Office (unless applicant is in the US ) where the application for permanent residency of the Worker is reviewed for eligibility. The personal background of the Worker (and family members that are included in the application) is reviewed thoroughly in accordance with INA §221-222, 8 USC §1201-1202, and 8 CFR §204.3. Upon visa issuance by the Overseas Consulate the Worker may enter the US as a permanent resident.

LEGAL COUNCIL AND AWV APPLICATION PROCESS

Companies and Workers also complete Application and Terms of Employment.

Agreement is made between AWV, Immigration Legal Counsel and the Company and Worker.

Resumes and complete biographical information, education, experience and skills are sent to the Company for review.

Interviews are conducted by the Company either by telephone or web cam and whenever possible, in person.

Final selections are made, acceptance is obtained and processing started.

VISA AND CONSULAR PROCESS

DOL: 60-120 days for approval. Labor Certification is filed with DOL by the Company based upon the US Company's need for the overseas Worker.

USCIS: 1-140 approval. 100-180 days.

Priority Dates: Processing is delayed until the priority date of the Worker is current.

National Visa Center: 60-90 days for National Visa Center after Priority Date Current. and Consular Processing. Consular Post sends out Packet 3 to Worker applicant for biographical and background information prior to approval and appointment of applicant at Consular Office.

Consular Processing: 45-100 days for appointment with Overseas Consular Office. Upon thorough review of Packet 3 information submitted by Worker applicant, Consular Office sends Packet 4 to Worker applicant with notification of interview at the Consulate. Immigration legal counsel provides assistance to the Worker applicant to prepare for the interview with the Overseas Consulate Office.

Visa: At the time of the interview, unless additional information is required, the Permanent Worker issued visa at US Consulate.

Transportation: AWV coordinates transportation for the Worker from his country to the US Company.

Start Work: The Worker travels to the US and is admitted to the US as a Permanent Resident of the US to begin work at US Company.