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Legal Consulting for Employment-Based Green Card Applications

Obtaining permanent residency in the United States through employment is one of the most solid paths to securing a stable professional and personal future in the country. However, the application process for an employment-based Green Card is extensive, regulated, and requires a deep understanding of immigration laws. At our firm, we offer specialized legal guidance to help you navigate this complex process, ensuring that each step is completed accurately and efficiently.

What is Employment-Based Permanent Residency?

Employment-based permanent residency allows U.S. employers to sponsor foreign workers to obtain a **Green Card** and become permanent residents of the United States. This grants the beneficiary the right to live and work legally in the U.S. indefinitely. There are several categories and preference levels for this type of residency, each with its own specific requirements.

Preference Categories for Employment-Based Green Cards

1. First Preference (EB-1): Workers with Extraordinary Ability

  • Individuals with extraordinary abilities in the sciences, arts, education, business, or athletics.
  • Outstanding professors and researchers.
  • Multinational executives and managers.

2. Second Preference (EB-2): Professionals with Advanced Degrees or Exceptional Ability

  • Individuals with a master’s degree (or higher) or the equivalent in work experience.
  • Individuals with exceptional abilities in the sciences, arts, or business.
  • Those eligible for a “National Interest Waiver,” which allows certain workers to bypass the job offer requirement if their work significantly benefits the U.S.

3. Third Preference (EB-3): Skilled Workers, Professionals, and Other Workers

  • Skilled workers with at least two years of experience.
  • Professionals with a bachelor’s degree.
  •  Other unskilled workers for jobs requiring less than two years of training or experience.

4. Fourth Preference (EB-4): Special Immigrants

  • Certain religious workers, international nonprofit employees, and other qualifying special immigrants under this category.

The Process for Obtaining Employment-Based Permanent Residency

The process of obtaining an employment-based Green Card involves several critical steps, which vary depending on the preference category. In most cases, the process includes:

  • Labor Certification (PERM): For many categories, the employer must obtain certification from the U.S. Department of Labor. This certification shows that there are no qualified U.S. workers available for the position offered to the foreign worker.
  • Immigrant Petition (Form I-140): After obtaining labor certification, the employer must file the Immigrant Petition for Alien Worker with USCIS (U.S. Citizenship and Immigration Services). This is necessary to demonstrate that the foreign worker meets the requirements for the preference category.
  • Adjustment of Status or Consular Processing: Depending on whether the worker is in the U.S. or abroad, they will either complete the Adjustment of Status process (if within the U.S.) or apply for permanent residency through a U.S. embassy or consulate in their home country.

The Importance of Legal Guidance in the Process

The employment-based residency process can be complicated, with strict documentation requirements and constantly changing regulations. Having legal guidance from an experienced immigration attorney is crucial to avoid mistakes that could cause delays or denials.

Our firm will assist you by:

  • Determining the appropriate preference category based on your or your employee’s profile.
  • Preparing and submitting all necessary documentation accurately and on time.
  • Avoiding errors in labor certification, petitions, and applications that could lead to delays or rejections.
  • Tracking your case progress and providing you with continuous updates on your application status.

Contact Us Today to Schedule a Legal Consultation

If you are interested in obtaining permanent residency in the United States through employment, or if you are an employer looking to sponsor a foreign worker, we invite you to contact us to schedule a legal consultation with attorney Jesus Reyes. We will evaluate your case, determine the best strategy to move forward, and guide you through every step of the immigration process. Call today to start your journey toward permanent residency in the U.S. We are here to help you achieve your goals!