EMPLOYMENT BASED IMMIGRANT VISAS

Permanent residence, also called immigrant status or “having a green card”, can be obtained for a full-time, permanent foreign worker based upon an offer of employment or, in some limited instances, based upon self-sponsorship. Unlike sponsorship by relatives, employer sponsorship often requires a certification by the U.S. Department of Labor (DOL) to file a sponsoring Visa Petition. The DOL approval process is officially called “Application for Permanent Employment Certification” and is commonly called “Labor Certification”.

Labor Certification is a lengthy andcompetitive process in which the job is first offered to U.S. workers through a rigidly controlled recruitment process. Even one ready, willing, and able U.S. worker will defeat the Labor Certification. Therefore, the effort must first be made to determine if Labor Certification is required by law.

If Labor Certification can be avoided, or if it is approved, the employer (and sometimes the employee personally) then files a Immigrant Petition for Alien Worker with the U.S. Citizenship and Immigration Services (USCIS). Concurrently, or sometimes upon approval of the petition, the foreign worker and his or her spouse and unmarried, minor children, if applicable, file for permanent residence.

CATEGORIES:

Employment Based First Preference Category:

• Aliens of Extraordinary Ability
• Outstanding Professors and Researchers
• Certain International Intracompany Managers and Executives

Employment Based Second Preference Category:

• Workers working in the National Interest
• Foreign Nationals of Exceptional Ability

Employment Based Third Preference Category:

• Professional Foreign Nationals with a U.S. Bachelor’s Degree or equivalent foreign degree or equivalent professional experience
• Foreign Nationals who are Skilled Workers
• Other Foreign Nationals workers whose skills or experience are in short supply

We offer a full range of services to those seeking permanent residence through employment, and are happy to advise you on your possibilites towards gaining permanent residence through employment. Please call our office and speak with an attorney about setting up a consulation to discuss your case.