Assistance With Employment-Based Immigration
Businesses in the U.S. frequently want to hire specialized foreign workers. Even more often, small-business owners and investors want to secure immigration benefits in the U.S. for themselves.
There are several employment-based immigration visas available for businesses, investors and foreign nationals with desirable experience or skills. The United States Citizenship and Immigration Service (USCIS) offers five categories of immigrant visas (aka green cards): EB-1, EB-2, EB-3, EB-4 and EB-5.
Applicants for employment-based immigrant visas cannot come to the U.S. hoping to find work. They must have a bona fide job offer from a U.S. employer, and the position must require their specific skills or experience. Additionally, some categories require proof (labor certification) that no U.S. worker is qualified and available for the position.
The time frame for employment-based green cards can be as short as a few months or more than a year, depending on whether labor certification is required. The EB-1 visa (preference workers) does not have this requirement. The EB-2 visa waives labor certification if the immigrant and the sponsoring employer can show a “national interest” reason.
Employment-based visas are also subject to an annual quota, so timing of the application is crucial. Once the quota is met in each category, no further visas are issued that year.
Labor Certification For Employers
The federal government wants assurance that immigrants are not taking jobs away from American citizens. Thus U.S. employers have the burden of proof of showing that there are no U.S. workers who meet the criteria to fill the position. The process of posting the job and showing that only an immigrant is qualified is known as labor certification, or PERM. Our firm guides employers through the PERM process and then helps to process the green card application for that immigrant to come to the United States and establish work authorization and legal residency.
The Law Offices Of Mariam Ebrahimi PLLC provides expedited and affordable immigration services to clients throughout the United States and from around the world. To arrange a consultation, please call us at 571-418-0324, you may also fill out the contact form on the right side with a brief description of your employment immigration needs.