Employers are required to have new employees complete an Employment Eligibility Verification form in order to confirm that the employees are legally allowed to work in the US. After the employer verifies the identity and eligibility of an employee, he/she must keep the completed I-9 form on file. Employees must show original identification documents—or receipts for replacement documents—within three days of their new employment, otherwise they can be terminated.
The petitioning sponsor of a visa applicant must fill out the Affidavit of Support form to show that the intended immigrant (a family member or intended employee) will have enough financial support upon arrival in the US, and therefore will not become a "public charge", that is, dependent on the US government for living expenses.
Employers are required to petition on behalf of any alien employees for that alien worker to become a permanent resident. The I-140 form must be filed within 180 days after the approval of a Labor Certification. In the case of EB-1 priority workers (such as aliens with extraordinary abilities, or important professors, researchers, multinational executives and managers), an Immigrant Petition for Alien Worker can be filed without the Labor Certification.
Aliens must use this form when applying to adjust their status to that of a permanent US resident. Permanent Resident Cards, or "green cards", are an important step towards becoming a US citizen. The US Citizenship and Immigration Service does background checks on all I-485 applicants, and once the Adjustment of Status application is accepted, the applicant must stay in the US until their Permanent Residence application is accepted or rejected. While their residency application is under review, the applicant can apply for Advance Parole to travel outside the US or for Employment Authorization Documents to start work.
When submitting an Application to Adjust Status, aliens seeking permanent residence must submit a Report of Medical Examination and Vaccination Record completed by a designated civil surgeon. This examination is meant to prove that the applicant cannot be disqualified from US residency on the grounds of public health.
Certain aliens living temporarily in the US can file an Application for Employment Authorization to request an Employment Authorization Document. This document, also known as a Work Permit, proves to employers that the holder is allowed to work in the US for a certain period of time. Aliens already authorized to work in the US can also use the I-765 to apply for documented evidence of this authorization.
To replace a lost, stolen, damaged or expired Permanent Resident Card, file an Application to Replace Permanent Resident Card. The applicant's permanent resident status will not be affected if they don't apply immediately for a replacement, but it is a good idea to file the I-90 as soon as possible in order to deter fraud, especially if the card was stolen.
If the applicant qualifies, they may apply for citizenship rather than for green card renewal. However, if they are a conditional resident and their status has expired, they should not use the I-90.
The Application for Naturalization is available to eligible Permanent Residents who wish to apply for US citizenship. In order to file the Application for Naturalization, permanent residents must have resided continuously in the US for 5 years, have lived either in their state or within a USCIS district for at least 3 months, and be able to speak/read/write English and prove an understanding of US history and government. Once residents meet these and other qualification requirements, they may file the N-400 Application for Naturalization, after which they will be scheduled for an Interview, including a background check, and a Naturalization Test.
This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.