Do you want to get more qualified foreign workers into your company? Are you in another country looking for a way to immigrate to America? We can help. Here at the Rijal Law Firm, we have helped many workers and companies with their immigration needs. For workers from all over the world and companies from all kinds of industries, an employment based green card attorney from our firm is ready to help.
Green Card Through Employment: An Overview
Obtaining a Green Card through employment may not necessarily be easy, but it is one of the most common and effective ways for foreign workers to gain permanent residency in the United States.
Under the Immigration and Nationality Act (INA), a total of 140,000 immigrant visas are made available each year for foreign workers who possess specific skills, education, or experience. We can help you to obtain these.
Remember, these aren’t just for workers, but also for their (or your) immediate family members, including spouses and dependent children, who can use this pathway to achieve Lawful Permanent Resident (LPR) status. Many of these foreign workers initially arrive in the U.S. on non-immigrant visas such as the H1B, L1A, or L1B, but later seek permanent residency through sponsorship from their U.S.-based employers.
U.S. employers play a crucial role in this process as they have the authority to sponsor employees who meet certain eligibility criteria. The employment-based Green Card is divided into five distinct categories, each designed to accommodate workers with varying degrees of education, experience, and skills.
How the Process Works
The employment-based Green Card process can be lengthy and complicated. Drawing upon our experience, we do everything in our power to make the process simpler, easier, quicker, and more efficient.
Both the U.S. Citizenship and Immigration Services (USCIS) and the Department of Labor (DOL) closely monitor the process to ensure that the hiring of foreign workers does not negatively impact the job opportunities of American workers. We can guide you through the process every step of the way.
Wage Determination, Recruitment, and the PERM Application
The first step is for the employer to submit a Prevailing Wage Determination (PWD) request to the DOL. This is to determine the typical wage paid to individuals with similar skills, qualifications, and experience in the same geographic area.
After obtaining the prevailing wage, the employer must conduct a recruitment campaign to find qualified U.S. workers for the position. There are specific regulations that govern this process, requiring the employer to advertise the job and interview any eligible U.S. applicants. If no qualified American workers are available, the employer may proceed with the sponsorship of the foreign worker.
Once the recruitment process is complete, the employer files a PERM application with the DOL. This application certifies that the employer was unable to find qualified U.S. workers and must therefore hire the foreign worker. The PERM process takes between three to six months. It can be extended to a year if the application is selected for audit by the DOL. We can work diligently so that this (and other delays) don’t happen to you.
Petitions and Applications
Once the PERM application is approved, the next step is for the employer to file Form I-140 with USCIS. This petition establishes the employer’s intent to hire the foreign worker on a permanent basis.
The final step in the process is the filing of the Green Card application. If the foreign worker is already in the U.S. on a valid visa, they can file for an Adjustment of Status (Form I-485) with USCIS. If the worker is outside the U.S., they will go through consular processing at a U.S. embassy or consulate in their home country.
As you might imagine, filling all of this out without making any mistakes can be a challenge. We can help with all of that and more.
Employment Based Green Card Attorney Ready to Assist
Each step requires careful attention to detail, particularly in matters such as prevailing wage determinations, recruitment campaigns, and PERM applications. Errors in these areas can lead to costly delays or even the denial of the application.
To see how we can help, schedule a free case evaluation with us through our site or by calling.
