After approval of the Labor Certification application, the employer has 180 days in which to file an Immigrant Petition for an Alien Worker/Form I-140 with the U.S. Citizenship and Immigration Services (“USCIS”). The employer must attach the certified Application for Permanent Employment Certification form to a completed Immigrant Petition, along with the appropriate fees and supporting documents, and submit the package to the appropriate USCIS Service Center. If the Immigrant Petition is not filed before the expiration of the Labor Certification, the employer and employee will not be able to use the certified Labor Certification to continue the green card process.
All intending immigrants who plan to base their immigrant visa application on employment in the United States must obtain an approved immigrant visa petition from USCIS for the appropriate employment-based preference category.