Easing the way

Kani has the expertise to ensure timely and cost-effective immigration services for our employees. We operate at all times in compliance with the laws and regulations that govern the immigration process.


The information contained on this site does not constitute legal advice and is intended only for the purposes of providing Kani employees and prospective employees with a general overview of the immigration process. It is also intended to facilitate the immigration process by allowing employees and prospective employees to submit the information that is necessary to complete various immigration-related applications and petitions. It is not intended for use by the general public.

Any immigration matters that directly involve Kani should be referred to the Kani Immigration Department. Readers are cautioned not to attempt to solve personal immigration problems on the basis of information contained on this site and are strongly advised to seek competent legal counsel when confronted with an issue relating to the immigration process.

About the Green Card Process

A Permanent Resident Alien Card, or "Green Card," allows a foreign national to live and work in the United States on a permanent basis. Obtaining a Green Card is often a lengthy and time consuming process. This section is meant to provide a general overview of the steps involved. There are three phases to the employment-based Green Card process.

Labor Certification (ETA 9089 Application for Permanent Employment Certification)

In this first step of the Green Card process, the sponsoring company seeks to fill a full-time position with a foreign national worker because of a shortage of qualified, available, willing and able U.S. workers.

The Application for Permanent Employment Certification is filed online with the United States Department of Labor [DOL]. The date of filing is the "priority date." The current program for U.S. companies to obtain labor certification is referred to as the PERM program, which requires that the company perform a rigorous recruitment effort prior to filing the Application for Permanent Employment Certification.

Once filed, the DOL reviews the application to verify that the sponsoring company has met all of the recruitment requirements to obtain certification. It also ensures, among other things, that the requirements of the position as stated on the application are not unduly restrictive. If satisfied, the DOL certifies the application.

Anticipated period of time to complete this step: three to six months, including recruitment.*

Preference Petition

(I-140 Immigrant Petition for Alien Worker)

Upon approval of the Labor Certification, the company files an Immigrant Petition with the United States Citizenship and Immigration Service (USCIS). The purpose of the Immigrant Petition is for the USCIS to verify that the employee meets the requirements of the job as specified on the Application for Permanent Employment Certification and to ensure that the sponsoring company has the ability to pay the stated wages.

If satisfied, the USCIS approves the I-140 Immigrant Petition.

Anticipated period of time to complete this step: four to 10 months.*

Final Application for Permanent Residence

(I-485 Application for Adjustment of Status)

Upon approval of the Immigrant Petition, if a visa number is available for the employee, the employee files an Application for Adjustment of Status with the USCIS.

Visa availability is based on the country of birth of the employee, the labor certification filing classification, and the employee's "priority date." As noted, the priority date is set at the time of the filing of the Application for Labor Certification.

Upon approval of the Application for Adjustment of Status and completion of some final steps, the employee will be a U.S. permanent resident alien and will receive his or her Green Card in the mail shortly thereafter.

Anticipated period of time to complete this step: 10 months to one-and-a-half years once the I-485 is able to be filed.*

Be advised that if visa numbers are available, the I-485 may be filed concurrently with the I-140.

Instructions on Green Card Processing

Green Card applications can be initiated for Experis employees only by Experis. If you are an Experis employee and would like more information, please contact your Account Manager or other branch office representative.

*Please note that the anticipated periods of time to complete each step are based on historical data and are not meant to serve as a guarantee of future processing times.

About the H-1B Process

The H-1B Visa program was established to allow U.S. employers to employ foreign-born professionals in the U.S. on a temporary basis. In order to qualify for an H-1B Visa, the U.S. employer's proposed position must qualify as a specialty occupation. For purposes of the H-1B program, the term "specialty occupation" means an occupation that requires theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States. This category is currently limited by statute to no more than 65,000 new admissions each year. This does not include extensions or amendments of existing H-1B Visas.

The initial H-1B Visa may be approved for up to three years, and extensions are permitted for an additional three years thereafter, for a total of six years in H-1B status. Under certain circumstances, it may be possible to extend an H-1B Visa beyond the sixth year.

The H-1B Visa is employer specific, meaning that the holder of an H-1B Visa can only work for the sponsoring employer. In the event that a candidate for an H-1B Visa is already in the United States on an H-1B Visa for an unrelated company, the candidate may generally begin working for a subsequent employer upon the filing of an H-1B petition by the second employer to transfer the H-1B Visa. If the H-1B petition to transfer the visa to the second company is denied, then work authorization immediately ceases.

In the event that the candidate for an H-1B Visa is outside of the United States, the candidate cannot begin working for the employer until the H-1B petition is approved, the candidate applies for and obtains and H-1B Visa from a U.S. Consulate and the candidate enters the United States on the H-1B Visa. The time that it takes to obtain an H-1B Visa can vary greatly. It generally takes between 2-5 months for the USCIS to make a decision on an application. It may take even longer.

About the TN (NAFTA Process)

Only citizens of Canada and Mexico are eligible under the North American Free Trade Agreement (NAFTA) to qualify for TN status. To qualify, the applicant must be a Canadian Citizen and coming to the United States to perform services at a professional level in one of the occupations that are designated under NAFTA.

In the computer field, the occupations that may qualify include Computer Systems Analyst, Management Consultant, Scientific Technician/Technologist and Software Engineer.

TN status is granted for a period of up to one year with unlimited extensions of stay in increments of one year thereafter. TN status is employer-specific.

Canadians may be admitted to the United States under TN status without first obtaining a TN Visa at a U.S. Consulate. A valid passport is required. Canadians may apply for TN status at an appropriate port of entry, or for a Canadian lawfully present in the United States, a U.S. employer may file a petition with the USCIS to extend TN status or to change the individual's status to TN.

For Mexican citizens, petitions for TN status if outside of the United States, must be applied for at a U.S. Consulate before entering the U.S.

The general requirements for two widely used occupations in the computer field are:

Eligibility for a Computer Systems Analyst:

Possession of a baccalaureate degree (OR)

A post-secondary diploma/post-secondary certificate and three years' experience.

Eligibility for a Management Consultant:

Possession of a baccalaureate degree (OR)

Equivalent professional experience as established by statement or professional credential attesting to five years' experience as a management consultant.

Visa Application Process

Generally, a variety of documentation and requirements are needed by most U.S. Consulates in connection with an application for an H-1B Visa. Please note that each consulate may have its own interpretation of the law and requirements for obtaining a visa. Applicants are cautioned to check with the local U.S. Consulate for holidays, fee requirements and other special requirements.

  • OF-156 form – obtain at the Consulate or download from

  • $45 application fee and, in some cases, a reciprocity fee (the consular officer will inform you of the required amount)

  • Valid passport

  • 2 color photographs – 2 x 2 inches, frontal view

  • Original H-1B approval notice, Form I-797 - Experis will send to you

  • Professional and educational credentials, including diplomas and transcripts

  • Academic evaluation – Experis will send to you

  • Offer of employment lette – if you're not yet employed by Experis (if requested by consulate)

  • Employment Verification Letter– if you are already employed by Experis

  • Certified copies of the I-129 Petition, supporting letter, and Form ETA-9035/Labor Condition Application (Experis will send to you). Study these documents carefully and present them to the consular official if requested.

If your spouse/child wants to apply for an H-4 visa abroad, your spouse must appear in person at the nearest U.S. Consulate/Embassy with the following:

  • Valid passport

  • Marriage certificate (spouse) or birth certificate (child) – one original and one copy

  • Copy of your H-1B approval notice

  • Employment Verification Letter unless spouse is applying with you, in which case you will have one

  • OF-156 form – obtain at the Consulate or download from

  • 2 color photographs (2x2 inches, frontal view)

  • $45 Application Fee and in some cases a Reciprocity Fee (consular official will inform you of the required amount)

  • $45 application fee and, in some cases, a reciprocity fee (the consular officer will inform you of the required amount)

  • 2 color photographs – 2 x 2 inches, frontal view

We suggest that you or your spouse contact the office BEFORE to going in person, to verify the above instructions and to confirm that the Consulate will be open on the day you plan to apply for the visa.

For information about U.S. Embassies and Consulates:

Diversity Visa Lottery Program

Each year, the U.S. Diversity Visa Program makes permanent residence visas available to persons meeting certain eligibility requirements. Applicants for Diversity Visas are initially chosen through a random computer-generated lottery drawing. Visas are distributed among six geographic regions with a greater number of visas going to regions with lower rates of immigration, and no visas going to countries sending more than 50,000 immigrants to the U.S. in the past five years. No one country can receive more than seven percent of the available Diversity Visas in any one year.

For more information and detailed instructions, please visit the U.S. Department of State's web site at