As we have mentioned in the past few entries, there are numerous steps that must be taken by permanent residents once entry into the United States is granted.

In our previous entry, we covered one of the most important initial steps, which is to obtain a Social Security Number (SSN) as soon as possible. In this entry, we will go over what to do in case an individual cannot be approved for an SSN.

In the case that an SSN cannot be issued, or a dependent family member of a permanent resident requires tax identification, they will need to apply for an Individual Tax Identification Number (ITIN).

An ITIN is a tax processing number that the Internal Revenue Service (IRS) uses for individuals who are required to have a taxpayer identification number (for a job, for example), but don’t currently have and are not eligible to receive an SSN. Generally, ITIN’s are 9-digit numbers, and generally begin with the number 9.

Receiving an ITIN is not dependent on an individual’s immigration status, since residents and nonresident aliens are both able to have United States tax return and payment duties, according to the Internal Revenue Code. Inversely, an individual is required to have a filing requirement and also file a federal income return in order to be approved for an ITIN in the first place.

Here are some examples of individuals who might need an ITIN:

• A non-resident alien who does not qualify for an SSN but needs to file a U.S. tax return
• A U.S. resident alien who does not qualify for an SSN but needs to file a U.S. tax return
• A dependent or spouse of a resident alien or U.S. citizen
• A dependent or spouse of a non-resident alien visa holder

If you have any questions about the different requirements between SSNs and ITINs, or have specific questions regarding obtaining an ITIN or SSN, please get in touch with an immigration attorney immediately.

The green card application process is extremely complex, and as a result, many individuals simply do not even try to get their green cards. The ones who do are often surprised to find out that it can take years to be approved, and finally receive their green card.

If you have received your green card, then here are a few tips to help you as a permanent resident.

One of the most common questions asked of immigration attorneys is whether or not permanent resident status automatically generates a Social Security number for an individual. If, prior to receiving your green card, you were in the U.S. under a non-immigrant visa, then you will be eligible to apply for a Social Security card.

In addition, if you had specific restrictions on your job when you applied for a Social Security card in the first place, once you’ve received a green card, re-applying for a Social Security card will remove all of those restrictions.

Don’t forget that your Social Security card will enable you to receive Medicare benefits and supplemental security income, if you qualify for either of those programs.

It is very common for newly permanent resident who are applying for bank accounts in the U.S. to experience difficulties. Many banks will require proof of identification for individuals to prove that they are legally in the United States. If your green card is with you, that will work. Otherwise, you can use your Social Security number or card. Most banks also require some form of picture ID as well, so try to make sure you have that as well.

Hopefully with these tips, as well as the various tips scattered throughout the internet, you will be able to transition into a life of permanent residence easily.

If you have read the previous several blog entries, then you know we have been talking about the PERM-GC process, and how it is used to obtain a green card through an employer. So far, we have covered just the first stage of the PERM-GC green card application process, which can take up to 1.75 years. In this entry, we will cover the remaining 2 stages, which generally take about 1.5 years total.

After the application outlined in the previous entries has been accepted by the Department of Labor, then the next step that needs to be performed is that your employer must file an I-140 with the Department of Homeland Securities, which must take place within 6 months after the date the labor certification was approved.

Along with the I-140, the following documents must be filed:

• Proof that the employee meets all of the listed requirements for the job, and met them at the time they were first hired by the company,
• Proof that the company will be able to pay the standard wage for the job listed,
• The originally filed labor certification

In the current market, it takes roughly 12 to 18 months for the I-140 to be approved. As this date fluctuates based on demand, there is no way to tell for sure when the results will be back.

If you wish to speed up the process, they do offer what is called premium processing. It applies to most (but not all) I-140 cases, has an additional filing fee of $1000, and guarantees that you will receive a response to your I-140 filing within 2 weeks, or you get your money back.

If your case is still determined to be “current” when you file for your I-140, you can also choose to file for your green card interview, as well as your work and travel authorizations. If you are not determined to be current, then you will have to wait for the I-140 response.

The third and final stage of the PERM-GC process is the green card interview. When you file for your interview (assuming your case is current), you can choose to have it either on United States soil, or in your home country.

For the most part, it is faster and cheaper to have the interview in your home country, but it is not always possible to do so. For example, you may be required to do multiple visa extensions prior to the interview, you may need a police certification for any country that you lived in for at least 1 year since you were 16, and you will have to remain employed the entire time you are waiting for your interview. This can make things often more of a hassle than anything.

There is quite a bit of good news on the green card interview front, however. A lot of the time, immigration is choosing to simply waive the green card interview. This may not always be the case, and as so many other things, fluctuates regularly, so be aware.

Hopefully this information and these tips have helped you become more confident in your PERM-GC application.

If you ever have any questions about the immigration process, do not hesitate to contact an experienced immigration attorney, to obtain personal legal advice.

In our previous entry, we outlined some of the requirements for companies when it comes to one of their employees obtaining a green card through the PERM-GC process.

There are myriad different requirements that must come into play throughout this extremely complicated process. One of the most important areas is when an employer has to evaluate resumes that have been submitted.

After the company has publicly posted the job opening in all of the required ways listed in our previous entry, they will then have to look through the stack of submitted resumes to make sure that each applicant meets the minimum requirements. They are not evaluating candidates to determine whether they think they will be a good fit, but rather, they are simply looking at whether the objective qualifications have been met by what is listed on the resume.

If a candidate, including the individual interested in obtaining a green card for the open position, does not currently meet the minimum requirements, that candidate will be removed from the system, and no further considerations will be required.

If, however, a candidate does meet the minimum objective requirements and qualifications, or if any additional information is required from that individual to determine their eligibility, the employment office at the company will need to contact the applicant directly, and set up a time for an interview, following all standard company procedures.

In our next entry, we will go over the interview process, and some of the information that may be required, as well as some of the forms that will need to be filed during this process.

When it comes to applying for a green card through work, the most common way to do so is through the PERM-GC process. While this is by far the lengthiest and most complicated section of immigration law, there is a wealth of information available to help individuals through the process.

In the previous few entries, we have covered a few of the various tips and tricks that can be used, to ensure that the process goes as smoothly as possible. In this entry, we will cover a few more of these tips, as well as general information as to how the PERM-GC process works.

After you have filled out your application, and included all of the required information, the Department of Labor will use the form submitted to gather information on the prevailing wage. This will require a specific form be filled out by your attorney, and the response from the Department of Labor generally takes months, but they will be able to form a general idea of just how much money the average person in your position is supposed to make.

It is extremely important that the company that you are filing for a green card through advertises the position internally. They must do this in a conspicuous place, and it must be posted for a period of 10 days before you can be eligible for it. In addition, the position needs to be posted in at least 2 separate “help wanted” sections of the Sunday paper, must be posted in the Department of Labor’s national job bank for 30 days, and must also be posted in 3 of the following ways:

• The employer’s public website,
• A public job search website other than the employer’s,
• At public job fairs,
• At an on-campus job recruiting office,
• As part of an employee referral program that offers incentives,
• With a professional or trade organization,
• In a local ethnic newspaper, and/or
• On radio or television

Please stay tuned for more information about the PERM-GC process, and how to benefit the most from the system.

In our previous entry, we talked about some of the less-common methods that you can take to obtain a green card through your employer. In this entry, we will cover by far the most common method, which unfortunately also happens to be the most complicated and lengthy.

This process, called the PERM-GC process, is comprised of 3 separate stages.

First stage – Labor Certification

This process usually takes anywhere between 1.25 – 1.75 years to complete.

The first thing that happens in the labor certification is that the job title, which was reported to the Department of Labor, is researched to find out the job duties. The DoL will use their job dictionary, called O’Net, to find out the following information:

• The job’s official title, according to the DoL,
• The regular requirements of the job, which includes:
• Required previous work experience
• Required educational background
• Any special required language skills
• Other additional requirements, like computer skills, or any other required training
• The requirements for this particular job cannot exceed what the Department of Labor considers to be “normal” requirements for a job in its field. The only exception to this is if an employer can show that there is a legitimate business need for the increased requirements. This is uncommon, as the burden of proof is rather extreme in this circumstance.

This is a very complex portion of immigration law, so please stay tuned to future entries for more information on the PERM-GC process.

A new directive from Secretary of Homeland Security Janet Napolitano sets criteria for deferring deportation actions for two years, and also gaining authorization for work.  Those criteria are:

Under this directive, individuals who demonstrate that they meet the following criteria will be eligible for an exercise of discretion, specifically deferred action, on a case by case basis:

1. Came to the United States under the age of sixteen;
2. Have continuously resided in the United States for at least five years preceding the date of this memorandum and are present in the United States on the date of this memorandum;
3. Are currently in school, have graduated from high school, have obtained a GED (general education development) certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States;
4. Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety;
5. Are not above the age of thirty.

Only those individuals who can prove through verifiable documentation that they meet these criteria will be eligible for deferred action.  Decisions are to be made on a “case by case basis.”

With this new change, please make sure you get good legal counsel, in order to get the maximum benefit under the law.

Here are more details in English and in Spanish.