Am I Eligible
to Apply for Employment-Based Permanent Residency?
YOU MAY BE ELIGIBLE FOR AN EMPLOYMENT-BASED IMMIGRANT VISA IF YOU:
Have an opportunity to permanently work in the US.
Have an employer in the US who will sponsor you for lawful permanent residency (LPR) in the US.
Have exceptional or extraordinary ability in your field.
Are an immigrant investor.
How Can I Apply?
In most cases, your employer must submit a completed labor certification request (PERM application) to the Department of Labor (DOL) Employment and Training Administration. Before filing, the employer must follow a particular set of recruitment guidelines and be able to demonstrate that there are no willing and able minimally qualified workers for the job.
Once the Labor Certification is granted, your employer will file an immigrant visa petition (Form I-140, Petition for Alien Worker) at a designated USCIS Service Center on your behalf. The employer acts as the sponsor (petitioner) for you (the beneficiary). USCIS will assess whether you have the required qualifications and whether the petitioner can afford to hire the beneficiary.
Once a visa is available, you may be eligible to apply for lawful permanent resident status either in the US (via adjustment of status) or at the US Consulate in your home country (via consular processing).
What Are My Next Steps?
Employment-based visas can be critical for a company’s profitability and operations. Largely driven by regulation, employment-based visas are complex and require a deep level of understanding and technical knowledge. The attorneys at Antonini & Cohen have years of experience with obtaining every type of employment-based visa for our clients.
Call us. We know how.