Immigration for Professionals
One of the best options for immigrating to the United States is through
professional 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 complete a multi-stage process.
The process starts, in most cases, by first obtaining an approved
PERM Labor
Certification Application from the U.S. Department of Labor (DOL).
After the PERM application has been certified 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 eligible foreign nationals
sponsored by U.S. employers:
EB-1 Priority Workers
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 Immigration for Professionals
D.Ray Mantle assists individuals and employers in obtaining positive 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 application meets all government requirements. Learn how an
experienced immigration attorney can help you reach
your immigration goals.
If you would like to understand more about the application process and to find out if you
can qualify for immigration benefits as a professional, please contact D.Ray Mantle for a consultation.