working to permanent resident

[kapay&kulit 1]

my aunt and her husband are currently working here in US, they want to change their status to permanent resident, whose gonna file for that, my aunt or the employer? what are the steps in filling to adjust a status based on an employment visa? how long will it take to get a decision from the USCIS? thanks..

[Brandon Gillin 7]

Employment-based permanent residency is not simple. First of all, the employee has to have "extraordinary ability" in his/her field. Second, an employer has to sponsor the employee for the green card (the employer is the petitioner). Usually the employee works for the employer on a nonimmigrant visa (such as H-1B) for a while until they decide to sponsor the employee for a green card (which may not happen at all).

[SBB 74]

The employer has to be the one to start the ball rolling on an employment based green card. Where are your aunt and her husband from? Citizens of mainland China, India, and the Philippines have a longer wait for a green card depending on what visa category they fit into? Also, before the application process can even begin, the employer needs to conduct a several month long labor certification to prove that your aunt or her husband are the only ones who can do what the employer needs them to do (unless they somehow qualify for a "National Interest Waiver"). Once this is done, the next part is relatively quick if your relative qualifies for an EB-1 or EB-2 visa and doesn't come from a retrogressed country. For an EB-3, they're looking a a 4-10 year wait.

http://www.travel.state.gov/visa/bulletin/bulletin_6028.html