Immigration through Permanent Employment

• Employment Categories
• Immigrant Petitions
• How long does it take to immigrate?
• Help with Employment-Based Immigration

One way people immigrate to the United States (U.S.) is based on employment. Employers (or prospective employers) who want to sponsor a foreign national to become a permanent resident based on a permanent job offer need to go through a multi-stage process.

The process starts, in most cases, by 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 employer would then continue the process by filing Form I-140, Immigrant Petition for Alien Worker, on behalf of the foreign national with U.S. Citizenship and Immigration Services (USCIS). If prior DOL certification is not required, the sponsoring process will start with 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.

Employment Categories

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 EB 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:

• 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

Petitions

Filing a petition 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. The petition must show that the employer and the foreign national have an intent to have an employer-employee relationship upon the approval of the petition and prove the employer-employee relationship and the foreign national’s qualifications.

The foreign national’s place in line, known as a “priority date,” will be based on the date the employer files the labor certification with DOL or, if a labor certification is not required, the date the petition is filed with USCIS. For this reason, there is an advantage to filing as soon as the employer is certain that they wish to obtain the permanent services of the foreign national.

In most cases, when the foreign national’s place in line is reached and he/she applies to immigrate, the foreign national’s husband or wife and unmarried children under 21 can apply as dependents.

How long does it take to immigrate?

The combination of high demand and the limits set by law on how many people can immigrate each year under each category and from a particular country means that for some foreign nationals there may be no waiting period, while for others there may be a significant waiting period.

Generally speaking, if a foreign national entered the U.S. legally and is currently in the U.S. (and meets certain other requirements), he/she may be able to file an application to adjust to permanent resident status if the employment-based immigrant visa category for that foreign national is “current.”

For other foreign nationals who are on the visa waiting list, once the foreign national reaches the “front of the line,” the Department of State will contact the foreign national and invite him or her to apply for an immigrant visa. The State Department issues a monthly Visa Bulletin with updated availability for each category based on priority dates.

Help with Employment-Based Immigration

D.Ray Mantle assists individuals and employers in obtaining positive employment-based immigration results in a timely, personal, and professional manner. Your individual circumstances are carefully reviewed by an experienced immigration attorney to determine which options are available to you. Mr. Mantle provides guidance and help in gathering the necessary information and documents for your case, prepares all of the necessary application forms, and also ensures that your final applications meet all government requirements. Learn more about how an experienced immigration attorney can help you reach your immigration goals: Why MantleWorks.

If you would like to understand more about the application process and to find out if you qualify for employment-based immigration benefits, please contact D.Ray Mantle for a consultation.