PERMANENT RESIDENT GREEN CARD THROUGH EMPLOYMENT
Green Card Immigration Lawyer Donald M. Pecchia, Esq. offers low prices, a FREE CONSULTATION, and Experienced, Quality Representation.
One way people immigrate to the United States (U.S.) is based on employment. As an employer (or prospective employer), if you want to sponsor a foreign national to become a permanent resident based on a permanent job offer, you and the foreign national would need to go through a multi-stage process. The process starts, in most cases, by you first obtaining an approved Labor Certification Application (LCA) from the U.S. Department of Labor (DOL). After the LCA has been approved by the DOL, the is continued by filing Form I- 140, Immigrant Petition for Alien Worker, on behalf or the foreign national with USCIS. If prior DOL certification is not required, the sponsoring process will start with your filing of the Form I-140 with USCIS. Sometimes, as discussed below, the foreign national can combine the Form I-140 with a permanent resident application.
Who are the employees that I may file for?
A U.S. employer may sponsor a prospective or current foreign national employee who is inside or outside the U.S. and who may qualify under one or more of the employment based or “EB” immigrant visa categories. The E B visa categories are divided into several preference categories. These EB visa categories are organized by occupational priorities as mandated by Congress. The first four of these EB visa categories are available to otherwise eligible foreign nationals sponsored by U.S. employers:
EB-1 Priority Workers (Labor Certification not required.)
• Aliens with extraordinary ability in the sciences, arts, education, business or athletics
• Outstanding professors and researchers
• Multinational executives and managers
EB-2 Professionals with Advanced Degrees or Persons with Exceptional Ability
• Aliens who, because of their exceptional ability in the sciences,
arts or business, will substantially benefit the national economy,
cultural or educational interests or welfare of the U.S.
• Aliens who are members of professions holding advanced
degrees or the equivalent
EB-3 Professional or Skilled Workers
• Professionals with a baccalaureate degree
• Aliens capable of performing skilled labor (requiring at least 2
years of training or experience) for which qualified workers are
not available in the U.S.
• Aliens capable of performing unskilled labor for which qualified
workers are not available in the U.S.
EB-4 Special Immigrants
• Religious workers
• Panama Canal Company Employees, Canal Zone Government
Employees, or U.S. Government in Canal Zone Employees
• Certain physicians
• Certain others
What does the petition do for my employee?
Filing a petition showing that you and the foreign national have an intent to have an employer-employee relationship upon the approval of the petition and proving your employer-employee relationship and the foreign national’s qualifications gives (or, in the case where a LCA has been filed, saves) the foreign national a place in line among others waiting to immigrate based on the same kind of “EB” visa category. When the place in line is reached, the foreign national may be eligible to apply to immigrate to become a Permanent Resident Green Card through employment. The foreign national’s place in line, known as a “priority date,” will be based on the date you file the labor certification with DOL or, if a labor certification is not required, the date your petition is filed with USCIS. For this reason, there is an advantage to filing as soon as you are certain that you wish to obtain the permanent services of the foreign national.
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Information provided on this site is for general informational purposes only. It is not intended to be legal advice. Individuals should speak with an attorney knowledgeable in such matters concerning their particular situation. Also see Legal Disclaimer section of this site.
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Permanent Resident Green Card Through Employment
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