The Immigration and Nationality Act provides a yearly minimum of 140,000 employment-based immigrant visas which are divided into five preference categories. They may require a labor certification from the U.S. Department of Labor (DOL), and the filing of a petition with United States Citizenship and Immigration Services in the Department of Homeland Security (USCIS).
An immigrant is a foreign national who has been authorized to live and work permanently in the United States. If you want to become an immigrant based on the fact that you have a permanent employment opportunity in the United States, or if you are an employer that wants to sponsor someone for lawful permanent residency based on permanent employment in the United States, you must go through a multi-step process.
First, foreign nationals and employers must determine if the foreign national is eligible for lawful permanent residency under one of USCIS' paths to lawful permanent residency.
Second, most employment categories require that the U.S. employer complete a labor certification request (Form ETA 9089) for the applicant, and submit it to the Department of Labor's Employment and Training Administration. Labor must either grant or deny the certification request. Qualified alien physicians who will practice medicine in an area of the United States which has been certified as underserved by the U.S. Department of Health and Human Services are relieved from this requirement.
Third, USCIS 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 Department of 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.
Each petition is assigned a "Priority Date", determined either by the filing date of the Labor Certification where one is required, or by the filing of the I-140 where a Labor Certification is not required.
Fifth, if the applicant is already in the United States, he or she must apply to adjust to permanent resident status oncer a visa number becomes available. 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 U.S. consulate office.
There are five categories for granting permanent residence to foreign nationals based upon employment as discussed below. Each month the State Department publishes a Visa Bulletin with the status of green card issuance for each category. Each category lists the "Priority Date" that is current for that month. As mentioned above, the Priority Date is the date assigned to a green card case - the filing date of a labor certification or of the I-140 for those categories which do not require a labor certification. The Priority Date establishes a foreign national's place in line in the green card issuance process. If the filing date is on or before the date listed on the Visa Bulletin, the process can move forward to the issuance of the green card itself. If the filing date is later than the listed date on the Visa Bulletin, the foreign national will only be able to go to the I-140 stage.
How We Serve Our Clients
Regardless if you are an employer or self-petioning individual, our dynamic and knowledgeable attorneys will consult with you to obtain lawful permanent residence in the United States. We will discuss with you options for an immigrant visa and recommend alternative strategies as needed. Our attorneys work closely with both the employer and beneficiary to ensure that the required documents are rendered and all legal issues addressed. We relieve human resources personnel of the burdensome paperwork requirements by preparing all required forms and supporting documents for submission to the appropriate government departments and agencies. When required, we also prepare and file all required documentation for dependent family members to ensure a smooth transition to the United States for the beneficiary and dependent family members. We will guide you through the adjustment of status or consular processing stage to ensure the principal applicant and family members receive their green card. Furthermore, our staff is easily accessible by both the employer and foreign beneficiary to answer questions as they arise.
