An Employer Visa petition is based on the Approved Labor Certification.
The labor certification has an expiration date of generally six (6) months from the date of approval. Therefore, the employer must file the visa petition with the United States Citizenship Immigration Service within that time frame. The visa petition must be accompanied with the evidence of the approved labor certification and evidence of the employer’s ability to pay the proffered wage from the date of the filing of the labor certification.
The approval of the visa petition also does not grant a foreign national any legal status in the United States. The approved visa petition only allows the foreign national to file for adjustment of status, once this priority date (the date of the filing of the labor certification) becomes current with the Department of State
Please note that there are many variables that must be taken into account before filing for permanent residence based on a labor certification. For more information, kindly contact our office and schedule a consultation.