Immigrant Petitions for Foreign Workers
In our international economy, talented job applicants come from all over the
globe. U.S. companies can extend permanent job offers to foreign
nationals, but in most cases, there is a long application process before
permanent employment can begin. The employment-based green card process
requires careful and early planning.
Permanent Job Offers and Labor Certification
For most employment-based immigrant petitions, the employer must first obtain an
approved labor certification from the U.S. Department of
Labor. The employer must then file a Form I-140 Petition with USCIS,
detailing the permanent, full-time job offer.
What categories require labor
certification?
An approved labor certification is required for each of the following job categories:
- EB-3 Professionals. Applicants in this category must hold a U.S. baccalaureate degree or foreign equivalent degree that is normally required for the profession. In some cases, a combination of education and experience may be substituted for the degree.
- EB-2 Advance Degree Professionals. Applicants in this category must hold at least a U.S. masters degree or foreign equivalent degree. The advanced degree must be one confered by an accredited university and may not be substituted by combining education and experience.
- EB-3 Skilled Workers. These positions are not seasonal or temporary and require at least two years of experience or training. The training requirement may be met through relevant post-secondary education.
- EB-3 Other Workers. This cateogry includes positions that require less than two years of higher education, training, or experience. However, due to the long backlog, you should expect to wait many years before being granted a visa under this category.
USCIS will review whether the employer has the
financial ability to pay the offered wage specified in the labor certification,
as supported by the employer's federal tax return or audited financial
statements, as well as the employee's payroll records. The petition must also
include evidence demonstrating the employee meets all of the job requirements
specified in the labor certification.
Exempt Categories
There are several other employment-based immigrant categories that are exempt
from the labor certification requirement. These include:
Extraodrinary Achievements
Individuals who have demonstated a sustained record of achievements in their field may be exempted from the labor certification requirement and may also be
eligible to self-petition for a green card. Additional details are listed
in the
Extraordinary Ability and
National Interest Waiver section.
Multinational Managers and Executives
Multinational corporations can transfer their executives and managers to the U.S. and sponsor them for permenant residence without the hassle of labor certification. Additional details are listed in the
Multinational Companies section.
Religious Workers
Religious denominations and affiliated entities may sponsor full-time religious workers for permanent residence as well. Learn more about qualifying as a
Religious Worker and how Mr. Mantle can help you prepare your petition.
EB-5 Investor Program
The EB-5 category is for immigrant investors who have met strict job creation and
investment level requirements. Petitioners must demonstrate the source of their
$1 million funds (or $500,000 for certain designated areas of high unemployment)
and that the investment funds have been placed at risk in creating 10 full-time
jobs. The government has reported a high level of fraud in this category, and it
is strongly recommended that you consult
with a qualified immigration attorney before investing.
Help with Immigrant Petitions
If you want to obtain a green card through employment, start the process now by reviewing the eligibility criteria and contacting D.Ray Mantle about your particular circumstances.
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 petition process and to find out if you
can qualify for a green card, please contact D.Ray Mantle for a consultation.