How to Navigate the Employment-Based Green Card Process in Illinois

Crafting an accurate job description is the foundational step of the process. Employers must clearly outline the job responsibilities, required skills, and minimum qualifications for the position. 

Engaging a knowledgeable immigration attorney during this phase is highly beneficial to ensure that potential challenges are addressed early, and that the recruitment strategy aligns with Department of Labor (DOL) expectations. Typically, this step takes about one month to complete.

The next step is obtaining a prevailing wage determination from the U.S. Department of Labor (DOL) through the iCert portal (flag.dol.gov). The DOL evaluates the specifics of the job, such as duties, required experience, and geographic location, to assign a standard wage that must be offered. 

Depending on the complexity of the job description and the backlog at the DOL, this stage can take anywhere from several weeks to several months. Proper documentation at this stage is critical to avoid unnecessary delays later.

Following the prevailing wage determination, employers must undergo a structured recruitment process to try to find qualified U.S. workers. This phase typically includes advertising the position through newspapers, online job portals, and other required mediums. 

After the advertisements are placed, a mandatory 30-day “quiet period” must follow to allow for unbiased applicant consideration. Overall, the recruitment and advertisement stage usually spans 60 to 180 days. Employers must meticulously document their recruitment efforts to demonstrate that there are no able, willing, and qualified U.S. workers available for the position.

After completing the recruitment phase and the quiet period, the employer can electronically file the Application for Permanent Employment Certification (ETA Form 9089) with the DOL. This application provides detailed information about the recruitment efforts and outlines why the employer believes no qualified U.S. worker was found for the role. Accuracy and thoroughness are critical at this stage, as mistakes can lead to costly delays or denials.

The DOL reviews the labor certification to verify that the recruitment process was fair and in compliance with regulations. The standard processing time often exceeds two months. If the DOL requires additional information or issues an audit, the employer must respond within 30 days. Audits can add several months to the timeline, making it even more important to ensure the initial application is complete and well-documented.

Once the PERM labor certification is approved, the employer is eligible to file Form I-140, the Immigrant Petition for Alien Worker. This form establishes the employee’s eligibility for the visa category. After Form I-140 is approved—and if a visa number is available—the employee may file Form I-485, the Application to Register Permanent Residence or Adjust Status. This final step allows the individual to officially become a U.S. permanent resident (green card holder).

It’s important to note that priority dates and visa bulletin backlogs can affect how soon a worker can proceed to filing Form I-485. Timing varies based on the individual’s country of origin and employment-based visa category.

At Ibrahim Law Global, we are dedicated to helping individuals and businesses successfully navigate the employment-based Green Card process. Whether you are an employer seeking to sponsor an employee or a worker pursuing your American dream, our team offers the knowledge, experience, and personalized guidance you need. 

Contact us today at (708) 584-3043 to schedule a consultation and take the first step toward achieving your immigration goals.