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US Citizenship and Immigration Services (USCIS, formerly INS) must approve an immigrant visa petition (Form I-140, Petition for Alien Worker) for the person wishing to immigrate to the United States. The employer wishing to bring the applicant to the United States to work permanently files this petition. However, if a labor certification is needed the application can only be filed after the certification is granted. The employer acts as the sponsor (or petitioner) for the applicant (or beneficiary) who wants to live and work on a permanent basis in the United States.

The US Department of State (DOS) must give the applicant an immigrant visa number, even if the applicant is already in the United States. When the applicant receives an immigrant visa number, it means that an immigrant visa has been assigned to the applicant. You can check the status of a visa number in the DOS’ Visa Bulletin.

If the applicant is already in the United States, he or she must apply to adjust to permanent resident status after a visa number becomes available. You may wish to read about application procedures on becoming a permanent resident while in the United States. If the applicant is outside the United States when an immigrant visa number becomes available, he or she will be notified and must complete the process at his or her local US consulate office.