Employment Based Residency Petitions

There are various ways one can gain permanent residence by way of employment opportunities. The Law Offices of Nishan C. Mahendran are here to help you navigate the path to Permanent Residence. One method of obtaining Permanent Residence in the United States is through an employment opportunity that is permanent. The employer is considered the sponsor or petitioner and the foreign national applying for employment based permanent residency is the beneficiary of the employer’s petition. The employment based permanent residency process is rather long winded in that there are several steps that must be taken to obtain the ultimate goal.

For a majority of employment based permanent residency applicants, the U.S. employer must first file a Labor Certification form on behalf of the company and employee to the Department of Labor (DOL). The process is currently called PERM and before filing the PERM Labor Certification with the DOL a stringent pre-filing advertising campaign must be undertaken to prove that the U.S. labor market was apprised of the job opening.

Certain highly qualified foreign nationals, such as L-1A Managers or Executives, do not have to file a PERM Labor Certification with the Department of Labor before filing an immigrant visa petition with USCIS.

Once the PERM labor certification is approved by the DOL, the Petition for Alien Worker must then be filed with USCIS by the employer. As discussed above, 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.

Next, the State Department must give an immigrant visa number to the applicant. This is the case whether or not the applicant is already in the country. Visa numbers for each employment category are monitored in a Visa Bulletin published each month by the United States Department of State. Certain employment based categories, the EB-1 and EB-2 categories currently, have immigrant visa numbers available.

Finally, for applicants already residing in the country, they can apply to adjust to permanent resident status after a visa number becomes available. If an immigrant visa number becomes available when the applicant is outside the country, they must complete the employment based permanent residency process at his or her local U.S. consulate office. Certain employment based categories, currently the EB-1 and EB-2 categories as discussed in more detail below, allow for concurrent filing of the Petition for Alien Worker and the Application for Permanent Residence

Employment Based Visa Categories

There are four categories for filing for employment based permanent residence, and one category for permanent residence based on investment in a new commercial enterprise. Differences between these categories are based on the applicant’s or investor’s educational and employment background or demonstrated qualified investment, respectively.

For more information about the EB-1 category (extraordinarily talented professionals in their field of expertise and/or business executives subject to transfer to a U.S.-based position), please see the USCIS web site.

For more information about the EB-2 category (persons of exceptional ability in their field of study and/or recipients of one or more advanced (masters level) degrees), please see the USCIS web site.

For more information about the EB-3 category (professionals who have attained a bachelor's degree, skilled workers meeting specific qualifications, and/or unskilled workers), please see the USCIS web site.

For more information about the EB-4 (immigrant religious workers, former or current U.S. government employees) category, please see the USCIS web site.

For more information about the EB-5 (immigrant Investors, persons creating or significantly expanding a new business enterprise) category, please see the USCIS web site.

How Do I File an Employment Based Petition?

The Law Offices of Nishan C. Mahendran, P.A. will be pleased to process your Employment based Visa Petition on behalf of an alien worker or an employer. Our law office will carefully analyze your case and make recommendations on the most appropriate process for you or your company to pursue. We then assist with preparing documents and letters, continuing the case through the Adjustment of Status or consular processing stage, until the principal applicant and family members receive their employment based permanent residency. Please contact us online or by telephone 954-620-2028 to file your employment based petition.

CONTACT US · Free Initial Consultation